Sobolewski v. Yard Works, Inc.

Supreme Court of Rhode Island

Sobolewski v. Yard Works, Inc.

619 A.2d 1127, 1993 R.I. LEXIS 41

CourtSupreme Court of Rhode Island

DecidedFebruary 11, 1993

DocketNos. 92-216-Appeal, 92-360-M.P.

StatusPublished

This text of 619 A.2d 1127 (Sobolewski v. Yard Works, Inc.) 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

Sobolewski v. Yard Works, Inc., 619 A.2d 1127, 1993 R.I. LEXIS 41 (R.I. 1993).

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Opinion

ORDER

This case came before us for oral argument January 28, 1993 pursuant to an order which had directed both parties to appear and show cause why the issues raised should not be summarily decided.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown.

We believe that the trial justice erred in denying the motion to file a compulsory counterclaim. In spite of the passage of [1128]*1128time from the filing of the original action, we discern no irreparable prejudice to the plaintiff if this compulsory counterclaim is allowed to be filed. At the time of the request, the trial had not commenced. The plaintiff will have ample opportunity to meet the counterclaim which arises out of the same transaction as the plaintiffs initial claim.

The defendant’s appeal is sustained. The decision of the trial justice is vacated. The case is remanded to the Superior Court with directions to allow the filing of the counterclaim.

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ORDER

This case came before us for oral argument January 28, 1993 pursuant to an order which had directed both parties to appear and show cause why the issues raised should not be summarily decided.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown.

We believe that the trial justice erred in denying the motion to file a compulsory counterclaim. In spite of the passage of [1128]*1128time from the filing of the original action, we discern no irreparable prejudice to the plaintiff if this compulsory counterclaim is allowed to be filed. At the time of the request, the trial had not commenced. The plaintiff will have ample opportunity to meet the counterclaim which arises out of the same transaction as the plaintiffs initial claim.

The defendant’s appeal is sustained. The decision of the trial justice is vacated. The case is remanded to the Superior Court with directions to allow the filing of the counterclaim.

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Bluebook (online)

619 A.2d 1127, 1993 R.I. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sobolewski-v-yard-works-inc-ri-1993.