Narragansett Improvement Co. v. Falcone

Supreme Court of Rhode Island

Narragansett Improvement Co. v. Falcone

600 A.2d 1311, 1991 R.I. LEXIS 197, 1991 WL 311888

CourtSupreme Court of Rhode Island

DecidedOctober 18, 1991

DocketNo. 90-298-Appeal

StatusPublished

This text of 600 A.2d 1311 (Narragansett Improvement Co. v. Falcone) 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

Narragansett Improvement Co. v. Falcone, 600 A.2d 1311, 1991 R.I. LEXIS 197, 1991 WL 311888 (R.I. 1991).

Pincite

Opinion

ORDER

This matter was before the Supreme Court on an order issued to all parties to appear and show cause why the issues raised in this appeal should not be summarily decided. In this case the plaintiff had appealed from the trial justice’s denial of its petition to enforce a mechanic’s lien against property owned by the defendants.

After reviewing the memoranda submitted by the parties and after hearing counsel in oral argument, it is the conclusion of this court that cause has not been shown. The court is of the opinion that the trial justice correctly ruled that this case should not proceed as an action to enforce a mechanic’s lien but should proceed as a civil action in which the rights of all the parties can be adjudicated.

Therefore, the plaintiff’s appeal is denied and dismissed, the order appealed from is affirmed and the papers of the case are remanded to the Superior Court for further proceedings.

WEISBERGER, J., did not participate.

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ORDER

This matter was before the Supreme Court on an order issued to all parties to appear and show cause why the issues raised in this appeal should not be summarily decided. In this case the plaintiff had appealed from the trial justice’s denial of its petition to enforce a mechanic’s lien against property owned by the defendants.

After reviewing the memoranda submitted by the parties and after hearing counsel in oral argument, it is the conclusion of this court that cause has not been shown. The court is of the opinion that the trial justice correctly ruled that this case should not proceed as an action to enforce a mechanic’s lien but should proceed as a civil action in which the rights of all the parties can be adjudicated.

Therefore, the plaintiff’s appeal is denied and dismissed, the order appealed from is affirmed and the papers of the case are remanded to the Superior Court for further proceedings.

WEISBERGER, J., did not participate.

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Bluebook (online)

600 A.2d 1311, 1991 R.I. LEXIS 197, 1991 WL 311888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/narragansett-improvement-co-v-falcone-ri-1991.