DiDonato v. Kennedy, No. 2002-94-Appeal.

CourtUnited States State Supreme Court of Rhode Island
Writing for the CourtPER CURIAM.
Citation822 A.2d 179
PartiesGermano DiDONATO v. Paul KENNEDY et al.
Decision Date15 May 2003
Docket NumberNo. 2002-94-Appeal.

822 A.2d 179

Germano DiDONATO
v.
Paul KENNEDY et al

No. 2002-94-Appeal.

Supreme Court of Rhode Island.

May 15, 2003.


822 A.2d 180
Present WILLIAMS, C.J., FLANDERS, GOLDBERG, JJ., and SHEA, J. (Ret.)

Keven McKenna, Providence, for Plaintiff.

Lauren E. Jones, Providence, Gregory A. Madoian, Cranston, for Defendant.

OPINION

PER CURIAM.

This appeal from the entry of a preliminary injunction came before the Court for oral argument on April 7, 2003, pursuant to an order directing the parties to appear and show cause why the issues raised by this appeal should not summarily be 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 and that the case should be decided at this time.

The case involves an ongoing feud between plaintiff, Germano DiDonato (DiDonato), and his neighbors and defendants, Paul Kennedy (Paul) and Gina Kennedy (Gina) (collectively, the Kennedys). Gina appeals from the entry of a preliminary injunction that restrains and enjoins her:

"from any and all direct and indirect contact with Mr. DiDonato, other than contact necessitated by their pending boundary dispute, litigation, and unintentional, incidental contact necessitated by virtue of the proximity of their neighboring homes."1

The bickering between the parties began shortly after DiDonato and his wife moved into the neighborhood in 1999. Initially, the DiDonatos complained to the Kennedys about their barking dog. Apparently, the complaint was not well received. Approximately one month later, DiDonato had a survey conducted on his property. The survey revealed that the Kennedys' fence encroached upon the DiDonato property by about two feet. DiDonato demanded that the Kennedys remove the offending fence from his property. Paul responded with colorful language that DiDonato did not appreciate. He retaliated by threatening Paul. Tensions escalated between the neighbors as numerous petty, tit-for-tat actions took place between DiDonato and Gina.

Ultimately, on June 13, 2001, the Kennedys filed a pro se action against DiDonato

822 A.2d 181
in Superior Court seeking injunctive relief and an ex parte temporary restraining order (TRO). The TRO was granted. The following day, June 14, 2001, DiDonato filed a reciprocal pro se action seeking and obtaining similar relief against both Kennedys. The mutual TROs were renewed several times before a hearing was conducted on the prayers for...

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123 practice notes
  • Bucci v. Lehman Bros. Bank, FSB, No. 2010–146–Appeal.
    • United States
    • United States State Supreme Court of Rhode Island
    • April 12, 2013
    ...or the trial justice committed an error of law.” Hagenberg v. Avedisian, 879 A.2d 436, 441 (R.I.2005) (citing DiDonato v. Kennedy, 822 A.2d 179, 181 (R.I.2003)). We also have held that “[a]n agreed statement of facts operates to submit a controversy for consideration when both parties have ......
  • Foster Glocester Reg'l Sch. Bldg. Comm. v. Sette, No. 2008-162-Appeal.
    • United States
    • United States State Supreme Court of Rhode Island
    • June 4, 2010
    ...or the trial justice committed an error of law.” Hagenberg v. Avedisian, 879 A.2d 436, 441 (R.I.2005) (citing DiDonato v. Kennedy, 822 A.2d 179, 181 (R.I.2003) and Sullivan v. Chafee, 703 A.2d 748, 751 (R.I.1997)). We afford great weight on appeal to the factual findings of a trial justice ......
  • Alden v. Quintel, C.A. No. PC05-1475 (RI 11/21/2005), C.A. No. PC05-1475
    • United States
    • United States State Supreme Court of Rhode Island
    • November 21, 2005
    ...of success on the merits; rather, the party seeking the injunctive relief need only make out a prima facie case. DiDonato v. Kennedy, 822 A.2d 179, 181 (R.I. 2003) (citing Fund for Community Progress v. United Way of Southeastern New England, 695 A.2d 517, 521 (R.I. 1997)). "in considering ......
  • Alden v. Quintel, C.A. PC 05-1475
    • United States
    • Rhode Island Superior Court
    • November 21, 2005
    ...of success on the merits; rather, the party seeking the injunctive relief need only make out a prima facie case. DiDonato v. Kennedy, 822 A.2d 179, 181 (R.I. 2003) (citing Fund for Community Progress v. United Way of Southeastern New England, 695 A.2d 517, 521 (R.I. 1997)). Furthermore, "in......
  • Request a trial to view additional results
123 cases
  • Bucci v. Lehman Bros. Bank, FSB, No. 2010–146–Appeal.
    • United States
    • United States State Supreme Court of Rhode Island
    • April 12, 2013
    ...or the trial justice committed an error of law.” Hagenberg v. Avedisian, 879 A.2d 436, 441 (R.I.2005) (citing DiDonato v. Kennedy, 822 A.2d 179, 181 (R.I.2003)). We also have held that “[a]n agreed statement of facts operates to submit a controversy for consideration when both parties have ......
  • Foster Glocester Reg'l Sch. Bldg. Comm. v. Sette, No. 2008-162-Appeal.
    • United States
    • United States State Supreme Court of Rhode Island
    • June 4, 2010
    ...or the trial justice committed an error of law.” Hagenberg v. Avedisian, 879 A.2d 436, 441 (R.I.2005) (citing DiDonato v. Kennedy, 822 A.2d 179, 181 (R.I.2003) and Sullivan v. Chafee, 703 A.2d 748, 751 (R.I.1997)). We afford great weight on appeal to the factual findings of a trial justice ......
  • Alden v. Quintel, C.A. No. PC05-1475 (RI 11/21/2005), C.A. No. PC05-1475
    • United States
    • United States State Supreme Court of Rhode Island
    • November 21, 2005
    ...of success on the merits; rather, the party seeking the injunctive relief need only make out a prima facie case. DiDonato v. Kennedy, 822 A.2d 179, 181 (R.I. 2003) (citing Fund for Community Progress v. United Way of Southeastern New England, 695 A.2d 517, 521 (R.I. 1997)). "in considering ......
  • Alden v. Quintel, C.A. PC 05-1475
    • United States
    • Rhode Island Superior Court
    • November 21, 2005
    ...of success on the merits; rather, the party seeking the injunctive relief need only make out a prima facie case. DiDonato v. Kennedy, 822 A.2d 179, 181 (R.I. 2003) (citing Fund for Community Progress v. United Way of Southeastern New England, 695 A.2d 517, 521 (R.I. 1997)). Furthermore, "in......
  • Request a trial to view additional results

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