Lopes Liquor, Inc. v. Pastore

Supreme Court of Rhode Island

Lopes Liquor, Inc. v. Pastore

633 A.2d 1353, 1993 R.I. LEXIS 210, 1993 WL 441198

CourtSupreme Court of Rhode Island

DecidedOctober 14, 1993

DocketNo. 92-555-Appeal

StatusPublished

This text of 633 A.2d 1353 (Lopes Liquor, Inc. v. Pastore) 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

Lopes Liquor, Inc. v. Pastore, 633 A.2d 1353, 1993 R.I. LEXIS 210, 1993 WL 441198 (R.I. 1993).

Pincite

Opinion

ORDER

This case came before the court for oral arguments on September 28, 1993, pursuant to an order directing the plaintiff, Lopes Liquor, Inc., to show cause why its appeal from defendants’ successful motion for issuance of a writ of execution should not be denied and dismissed.

A Superior Court judgment sustained the October 26, 1984 revocation by the Pawtuck-et Board of License Commissions (defendant) of the plaintiffs liquor license. That revocation was upheld by Louis H. Pastore, Jr., [1354]*1354Rhode Island Liquor Control Administrator (defendant). The execution of the Superior Court’s judgment of July 11,1988 was stayed for over four years until defendants were granted a motion for execution of their successful judgment, following which plaintiff appealed to this court.

After hearing oral argument of the defendants (plaintiff did not present an oral argument) and after reading the memoranda of the parties, we are of the opinion that cause has not been shown and that the plaintiff was afforded full opportunity to be heard. In addition, the trial justice properly granted the execution of judgment well within the statutory period of six years as provided in G.L.1956 (1985 Reenactment) § 9-25-3.

Consequently, the plaintiffs appeal is denied and dismissed, and the decision of the Superior Court is affirmed.

FAY, C.J., did not participate.

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ORDER

This case came before the court for oral arguments on September 28, 1993, pursuant to an order directing the plaintiff, Lopes Liquor, Inc., to show cause why its appeal from defendants’ successful motion for issuance of a writ of execution should not be denied and dismissed.

A Superior Court judgment sustained the October 26, 1984 revocation by the Pawtuck-et Board of License Commissions (defendant) of the plaintiffs liquor license. That revocation was upheld by Louis H. Pastore, Jr., [1354]*1354Rhode Island Liquor Control Administrator (defendant). The execution of the Superior Court’s judgment of July 11,1988 was stayed for over four years until defendants were granted a motion for execution of their successful judgment, following which plaintiff appealed to this court.

After hearing oral argument of the defendants (plaintiff did not present an oral argument) and after reading the memoranda of the parties, we are of the opinion that cause has not been shown and that the plaintiff was afforded full opportunity to be heard. In addition, the trial justice properly granted the execution of judgment well within the statutory period of six years as provided in G.L.1956 (1985 Reenactment) § 9-25-3.

Consequently, the plaintiffs appeal is denied and dismissed, and the decision of the Superior Court is affirmed.

FAY, C.J., did not participate.

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Bluebook (online)

633 A.2d 1353, 1993 R.I. LEXIS 210, 1993 WL 441198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopes-liquor-inc-v-pastore-ri-1993.