Feldman v. South Isle Food Corp.

Supreme Court of Rhode Island

Feldman v. South Isle Food Corp.

599 A.2d 1365, 1991 R.I. LEXIS 217, 1991 WL 279436

CourtSupreme Court of Rhode Island

DecidedDecember 18, 1991

DocketNo. 91-237-Appeal

StatusPublished

This text of 599 A.2d 1365 (Feldman v. South Isle Food Corp.) 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

Feldman v. South Isle Food Corp., 599 A.2d 1365, 1991 R.I. LEXIS 217, 1991 WL 279436 (R.I. 1991).

Pincite

Opinion

ORDER

This case came before a hearing panel of this court for oral argument December 17, 1991 pursuant to an order which had directed both parties to appear and show cause why the issues raised by this appeal should not be summarily decided.

Alfred Calcagni & Son, Inc., had appealed from an order entered by a justice of the Superior Court granting the receiver’s petition to reopen the receivership and distribute newly discovered assets, namely a tax refund in the amount of $45,075.39 from the United States Internal Revenue Service.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that the trial justice was completely correct in granting the receiver’s petition to reopen and in distributing the newly discovered assets to a secured creditor, BancOhio whose secured assets had been diminished in the initial distribution by administration expenses.

Consequently the appeal of Alfred Cal-cagni & Son, Inc. is denied and dismissed. The orders entered by the Superior Court are affirmed.

FAY, C.J., and SHEA, J., did not participate.

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