E.H. Turf Supply Co., Inc. d/b/a Allen's Seed v. Roger Tavares

CourtSupreme Court of Rhode Island
DecidedJuly 15, 2025
Docket2024-0314-Appeal.
StatusPublished

This text of E.H. Turf Supply Co., Inc. d/b/a Allen's Seed v. Roger Tavares (E.H. Turf Supply Co., Inc. d/b/a Allen's Seed v. Roger Tavares) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
E.H. Turf Supply Co., Inc. d/b/a Allen's Seed v. Roger Tavares, (R.I. 2025).

Opinion

Supreme Court

No. 2024-314-Appeal. (WD 24-282)

E.H. Turf Supply Co., Inc. d/b/a Allen’s : Seed

v. :

Roger Tavares. :

NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone (401) 222-3258 or Email opinionanalyst@courts.ri.gov, of any typographical or other formal errors in order that corrections may be made before the opinion is published. Supreme Court

Present: Suttell, C.J., Goldberg, Robinson, Lynch Prata, and Long, JJ.

OPINION

Justice Long, for the Court. Rogerio1 Tavares (defendant or Mr. Tavares)

appeals from a Superior Court judgment entered in favor of E.H. Turf Supply

Company, Inc. d/b/a Allen’s Seed (plaintiff or E.H. Turf Supply) in the amount of

$1,703.71. E.H. Turf Supply alleged, initially in District Court, that Mr. Tavares

stopped payment on a check he tendered for services that E.H. Turf Supply

performed to fix Mr. Tavares’s tractor; Mr. Tavares appealed the District Court’s

judgment to the Superior Court. Before this Court, Mr. Tavares alleges that the

Superior Court erred in (1) allowing E.H. Turf Supply to present its case first; (2)

1 Since its inception, the caption of this case has identified Mr. Tavares as “Roger” rather than “Rogerio,” his preferred name. Out of respect for Mr. Tavares, this Court will use his preferred name. -1- ruling that certain evidence that Mr. Tavares sought to introduce was inadmissible;

and (3) failing to consider his status as a self-represented litigant during the trial.

This case came before the Supreme Court pursuant to an order directing the

parties to appear and show cause why the issues raised in this appeal should not be

summarily decided. After considering the parties’ written and oral submissions and

reviewing the record, we conclude that cause has not been shown and that we may

decide this case without further briefing or argument. For the reasons set forth in

this opinion, we affirm the judgment of the Superior Court.

Facts and Procedural History

This is the second small-claims action filed in District Court by E.H. Turf

Supply against Mr. Tavares. In its first complaint, filed in February 2022 (2022

complaint), E.H. Turf Supply alleged that Mr. Tavares had stopped payment on a

check tendered to E.H. Turf Supply for maintenance performed on Mr. Tavares’s

tractor; the initial complaint sought payment in the amount of $1,703. Mr. Tavares

returned the summons generated in that action without signing it, and the suit was

later voluntarily dismissed without prejudice.

In January 2024, E.H. Turf Supply filed the instant action in District Court

again seeking payment for services (2024 complaint). Mr. Tavares filed an answer

in which he denied the allegations in the complaint and argued that plaintiff’s

counsel had been a “no-show” on the date of trial on the 2022 complaint and that,

-2- therefore, E.H. Turf Supply’s choice to refile its complaint demonstrated “bad faith”

and a violation of the rules of professional conduct. Mr. Tavares also asserted a

counterclaim “for services not rendered” and sought $2,500 in compensatory

damages. The form on which Mr. Tavares asserted his counterclaim stated that,

“[b]y filing this counterclaim, I waive my right to appeal on the counterclaim only.”

The document further stated, in all-capital letters above the signature line, “THE

DEFENDANT WAIVES RIGHT TO APPEAL ON COUNTER CLAIM ONLY.”

The District Court held a bench trial on May 20, 2024. At the conclusion of

the trial, judgment entered in favor of plaintiff with an award of damages in the

amount of $1,500 plus costs. Mr. Tavares filed a notice of appeal on the same day

that judgment entered.

On May 30, 2024, the Superior Court issued a notice scheduling trial for

June 21, 2024; and Mr. Tavares filed a statement of the case arguing that the District

Court had “denied [him], the defendant, and a pro se litigant, the fair opportunity to

present [his] case and evidence.” Mr. Tavares argued (1) that the voluntary dismissal

of the 2022 complaint was never properly served on him; and (2) that the District

Court judge erred by accepting plaintiff’s 2024 complaint without following

“specific procedural rules to prevent abuse of the legal process,” by allowing

plaintiff to file its 2024 complaint which, he alleged, had been refiled as “a strategic

move to gain an unfair advantage in the litigation process,” and which the District

-3- Court had accepted “without proper scrutiny,” and by denying him the right to

introduce evidence at trial. Mr. Tavares also argued that the District Court was

biased in favor of plaintiff, erred by relying on the facts contained in plaintiff’s

witness’s testimony rather than his own, and by misinterpreting the evidence, which,

he urged, was inadequate to establish liability.

A one-day bench trial commenced on July 26, 2024. See G.L. 1956 § 9-12-

10. E.H. Turf Supply, as the plaintiff who filed the underlying 2024 complaint,

presented the testimony of Erik Hagenstein (Mr. Hagenstein), the president and

owner of E.H. Turf Supply, first. Mr. Tavares objected to Mr. Hagenstein being

called as a witness on the grounds that he had not received “prior notice or disclosure

of the witness, [he was] prejudice[d] due to nondisclosure” and that Mr.

Hagenstein’s testimony was irrelevant; the court overruled his objection.

Mr. Hagenstein testified regarding E.H. Turf Supply’s procedure to diagnose

and fix broken equipment. He testified that in a job like the one Mr. Tavares

requested,

“we would go through what’s to be done, performed, what parts may be involved, provide an estimate. If we’re given an approval, we go ahead and perform that work, and when the customer comes in, we basically start the machine, operate it, show them what we did, explain it, and * * * if everybody’s in agreement * * * they pay for the work done and take the unit.”

-4- Mr. Hagenstein testified that he was not directly involved with Mr. Tavares’s tractor,

but Mr. Hagenstein was nonetheless able to identify the estimate that E.H. Turf

Supply provided to Mr. Tavares. Mr. Hagenstein further testified that Mr. Tavares’s

signature was on the bottom of the estimate, that the estimate was converted into an

invoice when “everybody’s in agreement” and “the work [was] performed,” and that

the services provided for in the estimate were performed at the cost provided in the

estimate.

Additionally, Mr. Hagenstein testified that E.H. Turf Supply received a

personal check from Mr. Tavares for the full amount owed on the date of completion

of its work, a copy of which was entered into evidence without objection. E.H. Turf

Supply then released the tractor to Mr. Tavares. After receiving the check, E.H. Turf

Supply’s bank informed plaintiff that there was a stop-payment placed on the check

by Mr. Tavares. Mr. Hagenstein testified that E.H. Turf Supply then attempted to

reach out to Mr. Tavares, including by certified letter, 2 without receiving a response,

and then called the state police. Mr. Hagenstein testified that, at the time of trial,

E.H. Turf Supply had not received payment for its services.

Mr. Tavares conducted extensive cross-examination of Mr. Hagenstein,

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E.H. Turf Supply Co., Inc. d/b/a Allen's Seed v. Roger Tavares, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eh-turf-supply-co-inc-dba-allens-seed-v-roger-tavares-ri-2025.