Olevson v. Caldarone

Supreme Court of Rhode Island

Olevson v. Caldarone

405 A.2d 1219, 122 R.I. 876, 1979 R.I. LEXIS 2169

CourtSupreme Court of Rhode Island

DecidedAugust 30, 1979

DocketAppeal No. 78-433

StatusPublished

This text of 405 A.2d 1219 (Olevson v. Caldarone) 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

Olevson v. Caldarone, 405 A.2d 1219, 122 R.I. 876, 1979 R.I. LEXIS 2169 (R.I. 1979).

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Opinion

This is an appeal from a Superior Court order granting the defendant’s motion for summary judgment on a claim of malicious prosecution.

Following the filing of briefs, we issued an order to the plaintiff directing him to appear before us on May 8, 1979 to show cause why his appeal ought not to be dismissed in light of Super. R. Civ. P. 56 (c) and (e) and this court’s well-established rule that, where no genuine issues of material fact [877]*877exist, summary judgment may properly enter if dictated by applicable law. Kirby, Inc. v. Weiler, 108 R.I. 423, 425, 276 A.2d 285, 286-87 (1971).

Samuel A. Olevson, for plaintiff. Mark E. Liberati, Theodore A. Miller, for defendant.

The plaintiff, through his attorney, appeared before us on the specified date and attempted to show cause. He failed, however, to demonstrate that any genuine issues of material fact existed in the case at bar and additionally failed to excuse his failure to comply with the requirement of Super. R. Civ. P. 56(c) that a party against whom a motion for summary judgment is made, if he is to avoid the granting of the motion, must in his response set forth specific facts showing that there is a genuine issue of material fact for trial.

The plaintiff having failed to show cause why his appeal should not be dismissed, his appeal is herewith denied and dismissed, the judgment appealed from is affirmed and the case is remanded to the Superior Court.

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This is an appeal from a Superior Court order granting the defendant’s motion for summary judgment on a claim of malicious prosecution.

Following the filing of briefs, we issued an order to the plaintiff directing him to appear before us on May 8, 1979 to show cause why his appeal ought not to be dismissed in light of Super. R. Civ. P. 56 (c) and (e) and this court’s well-established rule that, where no genuine issues of material fact [877]*877exist, summary judgment may properly enter if dictated by applicable law. Kirby, Inc. v. Weiler, 108 R.I. 423, 425, 276 A.2d 285, 286-87 (1971).

Samuel A. Olevson, for plaintiff. Mark E. Liberati, Theodore A. Miller, for defendant.

The plaintiff, through his attorney, appeared before us on the specified date and attempted to show cause. He failed, however, to demonstrate that any genuine issues of material fact existed in the case at bar and additionally failed to excuse his failure to comply with the requirement of Super. R. Civ. P. 56(c) that a party against whom a motion for summary judgment is made, if he is to avoid the granting of the motion, must in his response set forth specific facts showing that there is a genuine issue of material fact for trial.

The plaintiff having failed to show cause why his appeal should not be dismissed, his appeal is herewith denied and dismissed, the judgment appealed from is affirmed and the case is remanded to the Superior Court.

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Bluebook (online)

405 A.2d 1219, 122 R.I. 876, 1979 R.I. LEXIS 2169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olevson-v-caldarone-ri-1979.

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