Perry v. Petit

Supreme Court of Rhode Island

Perry v. Petit

352 A.2d 396, 116 R.I. 89, 1976 R.I. LEXIS 1246

CourtSupreme Court of Rhode Island

DecidedMarch 1, 1976

Docket74-182-M. P

StatusPublished

Cited by6 cases

This text of 352 A.2d 396 (Perry v. Petit) 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

Perry v. Petit, 352 A.2d 396, 116 R.I. 89, 1976 R.I. LEXIS 1246 (R.I. 1976).

Pincite

Opinion

Per Curiam.

This is a petition for certiorari to review a judgment entered in the Superior Court sustaining the petitioner’s appeal, on constitutional grounds, from a decision of the respondent Registrar of Motor Vehicles denying the petitioner’s application for a motor vehicle operator’s license and remanding the case to the registrar for a further hearing. On September 19, 1974, we granted the petition and ordered the writ to issue forthwith.

The case was heard before us on February 6, 1976. The petitioner’s principal argument was that the Superior Court should have ordered the registrar to grant the operator’s license to petitioner, instead of remanding the case to the registrar for a further hearing. During the hearing counsel informed us that in September 1975, while the *90 cause was pending in this court, the registrar granted petitioner’s application for an operator’s license. The respondent suggested that in the circumstances the matter was moot. We agree.

Aram K. Berberian, for petitioner. Julius C. Michaelson, Attorney General, Forrest L. Avila, Special Asst. Attorney General, for respondent.

This court will not ordinarily spend its time either proceeding to adjudicate when there is no subject matter on which its judgment can operate or in deciding a moot case. Kimball v. Pelosi, 96 R. I. 429, 192 A.2d 267 (1963). Nor will we review a case on certiorari or other prerogative writ if our mandate will be of no assistance to the party seeking our assistance because what he asks for has already been done. Lauder v. Zoning Board of Review, 100 R. I. 641, 218 A.2d 476 (1966). Since the registrar has already issued an operator’s license to the petitioner without a court order, the petitioner has received what he asked for and no further action is necessary.

The petition for certiorari is denied and dismissed, the writ heretofore issued is quashed, and the records certified are remanded to the Superior Court with our decision endorsed theron.

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Per Curiam.

This is a petition for certiorari to review a judgment entered in the Superior Court sustaining the petitioner’s appeal, on constitutional grounds, from a decision of the respondent Registrar of Motor Vehicles denying the petitioner’s application for a motor vehicle operator’s license and remanding the case to the registrar for a further hearing. On September 19, 1974, we granted the petition and ordered the writ to issue forthwith.

The case was heard before us on February 6, 1976. The petitioner’s principal argument was that the Superior Court should have ordered the registrar to grant the operator’s license to petitioner, instead of remanding the case to the registrar for a further hearing. During the hearing counsel informed us that in September 1975, while the *90 cause was pending in this court, the registrar granted petitioner’s application for an operator’s license. The respondent suggested that in the circumstances the matter was moot. We agree.

Aram K. Berberian, for petitioner. Julius C. Michaelson, Attorney General, Forrest L. Avila, Special Asst. Attorney General, for respondent.

This court will not ordinarily spend its time either proceeding to adjudicate when there is no subject matter on which its judgment can operate or in deciding a moot case. Kimball v. Pelosi, 96 R. I. 429, 192 A.2d 267 (1963). Nor will we review a case on certiorari or other prerogative writ if our mandate will be of no assistance to the party seeking our assistance because what he asks for has already been done. Lauder v. Zoning Board of Review, 100 R. I. 641, 218 A.2d 476 (1966). Since the registrar has already issued an operator’s license to the petitioner without a court order, the petitioner has received what he asked for and no further action is necessary.

The petition for certiorari is denied and dismissed, the writ heretofore issued is quashed, and the records certified are remanded to the Superior Court with our decision endorsed theron.

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Bluebook (online)

352 A.2d 396, 116 R.I. 89, 1976 R.I. LEXIS 1246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-petit-ri-1976.

Opinion

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