Ucci v. Mancini

• Citation: 342 A.2d 260
• Decision Date: 24 April 1975
• Docket Number: No. 73-77-A,73-77-A
• Parties: Filomena UCCI, Administratrix of the Estate of Louis Ucci v. James MANCINI et ux. ppeal.
• Court: Rhode Island Supreme Court

Page 260

342 A.2d 260

Filomena UCCI, Administratrix of the Estate of Louis Ucci v. James MANCINI et ux.

No. 73-77-Appeal.

Supreme Court of Rhode Island.

April 24, 1975.

Joseph F. Penza, Jr., Providence, for plaintiff.

Dick & Hague, William F. Hague, Jr., Providence, for defendants.

ORDER

In the Superior Court, the plaintiff prevailed on her complaint, while the defendants' counterclaim was denied. Two separate judgments were entered. One ordered specific performance and the other denied the counterclaim. The case is not ripe for appeal because the litigation involved multiple claims and there has been no compliance with the provisions of Super.R.Civ.P. 54(b). See Kolc v. Maratta, 113 R.I. 160, 319 A.2d 14 (1974); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 294 A.2d 193 (1972).

Accordingly, the case is remanded for the entry of a proper judgment. Thereafter, the defendants may file their appeal and the case shall then be returned to this court where the appeal will be considered without the necessity of further briefing or arguments.