Godden v. Town of Charlestown
This text of 419 A.2d 307 (Godden v. Town of Charlestown) 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.
Opinion
ORDER
The defendants’ motion to affirm the judgment of the Superior Court pursuant to Rule 16(g) is denied for noneompliance with Supreme Court Rule 28. An examination of the record in this case reveals that the requirements of Super.R.Civ.P. 54(b) have not been satisfied. That rule permits the entry of a final judgment as to one or more but fewer than all the parties, but only after an express determination by the trial justice that there is no just reason for delay and an express direction that judgment may enter. Simmons v. State of Rhode Island, R.I., 381 A.2d 1045 (1978). Accordingly, this case is remanded to the Superior Court for further proceedings which may include, within the court’s sound judicial discretion, the entry of judgment accompanied by a Rule 54(b) certificate.
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Cite This Page — Counsel Stack
419 A.2d 307, 1980 R.I. LEXIS 1909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godden-v-town-of-charlestown-ri-1980.