§ 28-35-28 — § 28-35-28. Appeal to appellate division.

§ 28-35-28. Appeal to appellate division.

(a)(1) Any person aggrieved by the entry of a decree by a trial judge may appeal to the appellate division established pursuant to this section by filing with the court within five (5) days of the date of the entry of a decree, exclusive of Saturdays, Sundays, and holidays, a claim of appeal and, subject to the rules of practice of the court, by filing a request for a transcript of the testimony and ruling or any part thereof desired.

(2) Upon a showing of excusable neglect, the trial judge who entered the decree may extend the time for filing the claim of appeal by any party, for a period not to exceed thirty (30) days from the expiration of the original time prescribed by this section. The request for extension shall be made by motion directed to the trial judge with such notice as the court shall deem appropriate. Such an extension may be granted, before or after the time otherwise prescribed by this section.

(3) Within any time that a judge shall fix, either by an original fixing or otherwise, the appellant shall file with the court reasons of appeal stating specifically all matters determined adversely to the appellant that the appellant desires to appeal, together with so much of the transcript of testimony and rulings as the appellant deems pertinent, and within ten (10) days after that the parties may file with the court those briefs and memoranda that they may desire concerning the appeal.

(4)(A) The chief judge shall appoint appellate panels of three (3) members of the court to hear any claim of appeal and the decision of the appellate panel shall be binding on the court.

(B) The three (3) members of the appellate panel shall immediately review the decree upon the record of the case and shall file a decision pursuant to the law and the fair preponderance of the evidence within ten (10) days of the expiration of the time within which the parties may file briefs and memoranda. Upon consideration of the appeal, the appellate panel shall affirm, reverse, or modify the decree appealed from, and may itself take any further proceedings that are just, or may remand the matter to the trial judge for further consideration of any factual issue that the appellate division may raise, including the taking of additional evidence or testimony by the trial judge. It shall be within the prerogative of the appellate panel to remand a matter to the trial judge.

(C) If the decision requires the entry of a new decree, notice shall be given the parties, and the new decree shall be entered in the same manner as the original decree, but if the decision of two (2) appellate panel judges does not require the entry of a new decree, the decree shall be affirmed.

(5) Any member of the appellate panel may, for cause, disqualify himself or herself from hearing any appeal that may come before the appellate panel.

(b) The findings of the trial judge on factual matters shall be final unless an appellate panel finds them to be clearly erroneous. The court may award costs, including reasonable attorney's fees, to the prevailing party when the appellate panel finds there was complete absence of a justiciable issue of either law or fact.

Legislative History

G.L. 1923, ch. 92, art. 3, § 4; P.L. 1928, ch. 1207, § 1; P.L. 1936, ch. 2290, § 10; G.L. 1938, ch. 300, art. 3, §§ 3, 4; P.L. 1941, ch. 1054, § 1; P.L. 1942, ch. 1236, § 1; P.L. 1947, ch. 1870, § 1; P.L. 1949, ch. 2368, § 1; P.L. 1954, ch. 3297, § 1; P.L. 1956, ch. 3724, § 1; G.L. 1956, § 28-35-28; P.L. 1978, ch. 267, § 4; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1983, ch. 25, § 1; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1992, ch. 31, § 13; P.L. 2013, ch. 445, § 3; P.L. 2013, ch. 475, § 3; P.L. 2014, ch. 78, § 6; P.L. 2014, ch. 87, § 6; P.L. 2022, ch. 247, § 2, effective June 28, 2022; P.L. 2022, ch. 248, § 2, effective June 28, 2022.