Duffy v. Estate of Scire

Plaintiffs filed this petition for the appointment of a guardian over their father. After the probate court denied Plaintiffs’ petition, Plaintiffs appealed. The superior court dismissed the complaint seeking review from the probate decision for Plaintiffs’ failure to adhere to statutory deadlines. Plaintiffs subsequently filed a motion pursuant to R.I. Gen. Laws 9-21-6 arguing that the dismissal of the probate court appeal was improper. The superior court denied the motion. The Supreme Court vacated the decision of the superior court, holding that Plaintiffs’ failure to have satisfied the requirements of R.I. Gen. Laws 33-23-1(a) constituted excusable neglect, and therefore, justice required that Plaintiffs’ appeal be allowed to proceed under section 9-21-6. View "Duffy v. Estate of Scire" on Justia Law