East Providence Credit Union v. Brown, No. 331-A
| Court | United States State Supreme Court of Rhode Island |
| Writing for the Court | JOSLIN |
| Citation | 242 A.2d 428,104 R.I. 92 |
| Docket Number | No. 331-A |
| Decision Date | 21 May 1968 |
| Parties | EAST PROVIDENCE CREDIT UNION v. Thomas C. BROWN et ux. ppeal. |
Page 428
v.
Thomas C. BROWN et ux.
[104 R.I. 93] V. James Santaniello, Providence, for plaintiff.
Kirshenbaum & Kirshenbaum, Alfred Factor, Providence, for defendants.
[104 R.I. 92] JOSLIN, Justice.
In this civil action brought in the superior court under the Uniform Declaratory Judgments Act, G.L.1956, chap. 30 of title 9, the plaintiff, formerly the holder of both the first and second mortgages on a parcel of real estate heretofore owned by the defendants, sought a declaration of its rights relative to the proceeds it received when, in foreclosing its second mortgage on defendants' property, it purported to sell free and clear of the first mortgage. Following a hearing on the merits, the trial justice reserved decision and thereafter filed a written opinion denying and dismissing the complaint without prejudice.
The plaintiff's appeal fails because the superior court rules of civil procedure relative to appeals have not been satisfied. Rule 73(a) permits an appeal from an entry of a judgment, while rule 58(a) says that a judgment must be set forth on a separate document and that it shall not be effective or deemed entered unless so set forth and signed by the clerk. Notwithstanding these requirements, the appeal here was from the trial justice's decision, rather than from a judgment as provided for by the rules. Inasmuch [104 R.I. 93] as a jurisdictional prerequisite has not been satisfied, the appeal cannot be entertained.
Page 429
If we had reached the trial justice's decision, it is highly unlikly that we would have found that he abused his discretion by refusing to declare rights when to have done so might have materially affected the interests of persons who were not parties to the proceedings-the purchaser of the property which was sold at the foreclosure sale as well as his grantee, the present owner.
The plaintiff's appeal is denied and dismissed.
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Conn v. ITT Aetna Finance Co., No. 455-M
...of the plaintiff against the individual defendants is denied and dismissed. --------------- 1 East Providence Credit Union v. Brown, R.I., 242 A.2d 428, construes rules 58(a) and 73(a) of the superior court rules of civil procedure as permitting appeals only from judgments and as requiring ......
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Calore Rigging Corp. v. Sterling Engineering & Const. Co., No. 550-A
...the appeal having been taken from a trial justice's decision, rather than from a judgment. East Providence Credit Union v. Brown, R.I., 242 A.2d 428. That, however, was not the only obstacle. Assuming it could have been overcome by a nunc pro tunc order, there was still the further stumblin......
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Metts v. B. B. Realty Co., No. 999-A
...appeals lie only from a judgment. Further, this judgment must be set forth on a separate document. East Providence Credit Union v. Brown, 104 R.I. 92, 242 A.2d 428. To avoid the delay which would ensue were we to dismiss this appeal for noncompliance with this procedural requirement, we hav......
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Boudreau v. Holzer, No. 1258-A
...here inasmuch as an appeal lies only from a judgment that is set forth in a separate document. East Providence Credit Union v. Brown, 104 R.I. 92, 242 A.2d 428. To avoid the delay which would have resulted had we rejected the appeal for noncompliance with the [109 R.I. 83] jurisdictional re......
-
Conn v. ITT Aetna Finance Co., No. 455-M
...of the plaintiff against the individual defendants is denied and dismissed. --------------- 1 East Providence Credit Union v. Brown, R.I., 242 A.2d 428, construes rules 58(a) and 73(a) of the superior court rules of civil procedure as permitting appeals only from judgments and as requiring ......
-
Calore Rigging Corp. v. Sterling Engineering & Const. Co., No. 550-A
...the appeal having been taken from a trial justice's decision, rather than from a judgment. East Providence Credit Union v. Brown, R.I., 242 A.2d 428. That, however, was not the only obstacle. Assuming it could have been overcome by a nunc pro tunc order, there was still the further stumblin......
-
Metts v. B. B. Realty Co., No. 999-A
...appeals lie only from a judgment. Further, this judgment must be set forth on a separate document. East Providence Credit Union v. Brown, 104 R.I. 92, 242 A.2d 428. To avoid the delay which would ensue were we to dismiss this appeal for noncompliance with this procedural requirement, we hav......
-
Boudreau v. Holzer, No. 1258-A
...here inasmuch as an appeal lies only from a judgment that is set forth in a separate document. East Providence Credit Union v. Brown, 104 R.I. 92, 242 A.2d 428. To avoid the delay which would have resulted had we rejected the appeal for noncompliance with the [109 R.I. 83] jurisdictional re......