Tessier v. Ann & Hope Factory Outlet, Inc., 73-139-A
| Decision Date | 05 June 1974 |
| Docket Number | No. 73-139-A,73-139-A |
| Citation | 320 A.2d 616,113 R.I. 921 |
| Court | Rhode Island Supreme Court |
| Parties | Muriel TESSIER et al. v. ANN & HOPE FACTORY OUTLET, INC. et al. |
Oster, Espo, Fay & Groff, Irving N. Espo, Lincoln, for plaintiffs.
James M. Shannahan, Town Solicitor, Cumberland, for Town of Cumberland.
This is an action involving multiple parties. The plaintiff appeals an order granting the motion of the defendant, Joseph Griffin, Treasurer of the Town of Cumberland, to dismiss the complaint as to the town.
An examination of the record fails to disclose compliance with Super.R.Civ.P. 54(b). This rule permits the entry of a final judgment as to one or more but fewer than all the parties but only after an express determination by the trial justice that there is no just reason for delay and an express direction that judgment may enter. Coro, Inc. v. R.N. Koch, Inc., R.I., 310 A.2d 622 (1973); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 294 A.2d 193 (1972); Goodyear Loan Co. v. Little, 107 R.I. 629, 269 A.2d 542 (1970); Calore Rigging Corp. v. Sterling Engineering & Constr. Co., 105 R.I. 150, 250 A.2d 365 (1969). The requisite certification has not been made.
The case is remanded to the Superior Court for further proceedings which may include, within that court's sound judicial discretion, the entry of judgment accompanied by a Rule 54(b) certificate. If that discretion be exercised in favor of issuing the requisite certification and a new appeal is then prosecuted, we will, upon stipulation of the parties, consider the questions raised upon the present appeal record as thus supplemented.
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Tessier v. Ann & Hope Factory Outlet, Inc.
...the claims or rights of the parties had been adjudicated in a case involving multiple parties and claims. Tessier v. Ann & Hope Factory Outlet, Inc., 320 A.2d 616 (Sup.Ct.R.I., 1974). Following our remand, the plaintiffs moved to vacate the judgment against them, contending that the § 45-15......
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Iozzi v. City of Cranston
...did not contain an explicit determination by the justice that there was no just reason for delay. See Tessier v. Ann & Hope Factory Outlet Inc., 113 R.I. 921, 921, 320 A.2d 616, 616 (1974) (mem.) (holding that Rule 54(b) “permits the entry of a final judgment as to one or more but fewer tha......
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Iozzi v. City of Cranston
...not contain an explicit determination by the justice that there was no just reason for delay. See Tessier v. Ann & Hope Factory Outlet, Inc., 113 R.I. 921, 921, 320 A.2d 616, 616 (1974) (mem.) (holding that Rule 54(b) "permits the entry of a final judgment as to one or more but fewer than a......
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Simmons v. State
...certified that there is no just reason for delay and has expressly directed that judgment may enter. Tessier v. Ann & Hope Factory Outlet, Inc., 113 R.I. 921, 320 A.2d 616 (1974); Kolc v. Maratta, 113 R.I. 160, 162, 319 A.2d 14, 15 (1974); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 490......