Kempenaar Real Estate, Inc. v. Great Atlantic & Pacific Tea Co.

Supreme Court of Rhode Island

Kempenaar Real Estate, Inc. v. Great Atlantic & Pacific Tea Co.

458 A.2d 348, 1983 R.I. LEXIS 925

CourtSupreme Court of Rhode Island

DecidedMarch 24, 1983

DocketNo. 82-576-A

StatusPublished

This text of 458 A.2d 348 (Kempenaar Real Estate, Inc. v. Great Atlantic & Pacific Tea Co.) 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

Kempenaar Real Estate, Inc. v. Great Atlantic & Pacific Tea Co., 458 A.2d 348, 1983 R.I. LEXIS 925 (R.I. 1983).

Pincite

Opinion

ORDER

This is an eviction proceeding. Defendant appealed to the Superior Court from an order of District Court Judge Orme allowing plaintiff to cash certain rental checks without prejudice, and, upon dismissal of the matter in Superior Court, defendant appealed here. Plaintiff now moves to dismiss this appeal as both interlocutory and moot. Having reviewed the record, we agree that, in light of plaintiff’s offer to withdraw the motion granted by the District Court judge, this appeal is indeed moot. Accordingly, defendant’s appeal is hereby dismissed, and in view of plaintiff’s withdrawal of its District Court motion, the September 3, 1982 order entered by Judge Orme is vacated, and this case is remanded to the District Court for hearing on the merits. This order should not be construed as in any way affecting defendant’s statutory obligation to pay an amount equivalent to rent under § 34-20-7 in the event of a future appeal from a judgment on the merits in favor of plaintiff. Plaintiff’s motion for counsel fee is denied without prejudice to plaintiff’s presenting such a motion to the District Court judge.

Murray, J., did not participate.

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ORDER

This is an eviction proceeding. Defendant appealed to the Superior Court from an order of District Court Judge Orme allowing plaintiff to cash certain rental checks without prejudice, and, upon dismissal of the matter in Superior Court, defendant appealed here. Plaintiff now moves to dismiss this appeal as both interlocutory and moot. Having reviewed the record, we agree that, in light of plaintiff’s offer to withdraw the motion granted by the District Court judge, this appeal is indeed moot. Accordingly, defendant’s appeal is hereby dismissed, and in view of plaintiff’s withdrawal of its District Court motion, the September 3, 1982 order entered by Judge Orme is vacated, and this case is remanded to the District Court for hearing on the merits. This order should not be construed as in any way affecting defendant’s statutory obligation to pay an amount equivalent to rent under § 34-20-7 in the event of a future appeal from a judgment on the merits in favor of plaintiff. Plaintiff’s motion for counsel fee is denied without prejudice to plaintiff’s presenting such a motion to the District Court judge.

Murray, J., did not participate.

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Bluebook (online)

458 A.2d 348, 1983 R.I. LEXIS 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kempenaar-real-estate-inc-v-great-atlantic-pacific-tea-co-ri-1983.