Justia Rhode Island Supreme Court Opinion Summaries
E.T. Investments, LLC v. Riley
The Supreme Court affirmed the final decree of the superior court foreclosing Respondent's right of reception for property sold at a tax sale, holding that there was no error.Petitioner purchased the property at issue in this case at a tax sale. More than one year after the tax sale and the recording of the deed, Petitioner filed a petition seeking to foreclose Respondent's right of redemption. The superior court held a hearing on the petition and determined that Respondent was in default and that Petitioner was entitled to its requested relief. The Supreme Court affirmed, holding that Respondent waived all of the arguments that he raised on appeal. View "E.T. Investments, LLC v. Riley" on Justia Law
Posted in:
Real Estate & Property Law, Tax Law
Athena Providence Place v. Pare
In these consolidated appeals, the Supreme Court reversed two judgments of the superior court entered in favor of Petitioners, a group of taxpayers who challenged the City of Providence's tax assessments on their properties for tax years 2014 and 2015, holding that the trial justice erred.The trial justice ruled that a revaluation conducted in 2013 of property values was illegal and invalid and that the tax bills for the relevant tax years shall be revised based on the 2012 revaluation. The superior court entered judgment in favor of Petitioners in excess of $1.5 million. The Supreme Court reversed, holding that the trial justice improperly weighed the evidence and erred as a matter of law in finding that the 2013 revaluation was illegal, invalid, selective, arbitrary, and discriminatory. View "Athena Providence Place v. Pare" on Justia Law
Posted in:
Real Estate & Property Law, Tax Law
In re Domenic B.
The Supreme Court affirmed the decree of the family court terminating Mother's parental rights to her son, holding that the family court did not err.The trial justice found by clear and convincing evidence that Mother was unfit to parent the child and that it was in the child's best interest that Mother's parental rights be terminated. The Supreme Court affirmed, holding (1) there was sufficient evidence in the record to support the trial justice's finding that Mother was unfit given her failure to engage fully in the services provided by the Department of Children, Youth, and Families and lack of protective capacity; and (2) the trial justice's decision to terminate Mother's parental rights was proper. View "In re Domenic B." on Justia Law
Posted in:
Family Law
Henry v. Media General Operations, Inc.
The Supreme Court affirmed the judgment of the superior court in favor of Defendants in this case involving an allegedly defamatory report that was broadcast on the evening news, holding that the hearing justice did not err in granting Defendants' motions for summary judgment on all counts in the complaint.Captain Russell Henry of the Cranston Police Department filed this action against Media General Operations, Inc. and several individuals alleging that NBC 10 WJAR, which was owned and operated by Media General, published reports that were false and defamatory as to Captain Henry. The hearing justice concluded that Captain Henry was a public official and that he could not prove, by clear and convincing evidence, that Defendants acted with actual malice in disseminating the allegedly defamatory information at issue. The Supreme Court affirmed, holding (1) Captain Henry was a public official at the time of the broadcast; and (2) there was insufficient evidence to allow a reasonable juror to conclude that broadcast was made with actual malice. View "Henry v. Media General Operations, Inc." on Justia Law
Posted in:
Personal Injury
State v. Gonzalez
The Supreme Court affirmed the judgment of the superior court convicting Defendant of first-degree murder, assault with intent to commit a felony, and two counts of discharging a firearm while committing a crime of violence, holding that there was no error in the proceedings below.Specifically, the Supreme Court held that the trial court did not err in (1) denying Defendant's motion to suppress evidence obtained from Defendant's cell phone, which police seized following his warrantless arrest; (2) denying Defendant's motion to discharge the jury impaneled on October 12, 2017 in violation of the Sixth Amendment; and (3) denying Defendant's motion to pass the case and for a mistrial. View "State v. Gonzalez" on Justia Law
Posted in:
Criminal Law
State v. Resiner
The Supreme Court vacated the judgment of the superior court finding Defendant guilty of possession of child pornography and sentencing him to a suspended term of incarceration, with probation, and ordering him to meet special conditions of probation and to register as a sex offender, holding that there was no substantial basis for determining that probable cause existed in this case.On appeal, Defendant argued, among other things, that the superior court erred in denying his motion to suppress evidence that was seized from his home on the grounds that there was no probable cause to support the issuance of a search warrant. The Supreme Court agreed and vacated Defendant's convictions, holding that there was no substantial basis for determining that probable cause existed in this case based upon the language of the affidavit. View "State v. Resiner" on Justia Law
Posted in:
Criminal Law
Kyros v. R.I. Department of Health
The Supreme Court affirmed the judgment and order of the superior court reversing a decision and order of the Rhode Island Department of Health (DOH) Board of Medical Licensure and Discipline (the Board) that required Plaintiff to complete a competence assessment program and fitness for duty evaluation before returning to the practice of medicine, holding that the trial justice did not err.The DOH and the Director of the DOH sought review of the superior court's decision reversing the Board's order requiring Plaintiff, who sought to reenter practice after signing an agreement to cease practice, to complete a competence assessment program and fitness for duty evaluation. The Supreme Court affirmed, holding that the trial justice (1) did not err in finding that the Board's decision was arbitrary, capricious, and not supported by sufficient evidence; and (2) did not err in declining to remand the case to the Board for further proceedings. View "Kyros v. R.I. Department of Health" on Justia Law
Commerce Park Realty, LLC,v. HR2-A Corp.
In this case involving complex and protracted litigation regarding multiple high-interest loans between commercial borrowers and lenders the Supreme Court affirmed the judgment of the superior court granting partial summary judgment in favor of the partnership plaintiffs and the Cambio plaintiffs, holding that there was no error.The superior court's grant of partial summary judgment primarily determined that a series of loans made by the RFP defendants was usurious and null and void. The Supreme Court affirmed, holding (1) the accrual of interest at rates in excess of twenty-one percent per annum is deemed usurious under the usury law; (2) the release and waiver of claims provision contained in a forbearance agreement did not fall within the category of cases in which the Supreme Court will permit a debtor's release of a usury claim; and (3) the remaining allegations of error were unavailing. View "Commerce Park Realty, LLC,v. HR2-A Corp." on Justia Law
Posted in:
Consumer Law
Commerce Park Realty, LLC v. HR2-A Corp.
In this case involving complex litigation surrounding usurious loans between commercial borrowers and letters the Supreme Court affirmed the decision of the superior court granting summary judgment in favor of Plaintiffs, holding that there was no error.In the first appeal, the RFP defendants appealed from the grant of partial summary judgment in favor of the receivership plaintiffs and the Cambio plaintiffs. The summary judgment declared that a series of loans made by the RFP defendants were usurious and null and void. The Supreme Court affirmed. In the second appeal, addressed in this opinion, the Cambio plaintiffs cross-appealed seeking review of secondary determinations made by the superior court. The Supreme Court affirmed, holding (1) the trial justice correctly granted summary judgment in favor of the RFP defendants on the Cambio plaintiffs' disgorgement claims; (2) the trial justice correctly ruled that the Cambio plaintiffs were not entitled to seek punitive damages against the RFP defendants under the usury statute; (3) the trial justice made correct rulings on certain stayed counts; and (4) the Cambio plaintiffs' claims under R.I. Gen. Laws 9-1-2 were barred by the ten-year statute of limitations set forth in R.I. Gen. Laws 9-1-13(a). View "Commerce Park Realty, LLC v. HR2-A Corp." on Justia Law
Posted in:
Consumer Law
Kumble v. Voccola
In this litigation between the beneficiaries and trustees of two trusts the Supreme Court affirmed the judgment of the superior court granting the trustees' petition for their services and expenses, including attorneys' fees incurred on behalf of the trusts and interest owed on those fees, holding that there was no error.The trial justice determined that the trustees were entitled to be indemnified for their attorneys' fees after considering the beneficiaries' arguments against payment of attorneys' fees. The court then entered judgment stating that reasonable attorneys fees were to be indemnified by the trust, that an unpaid balance remained, and that interest on the attorneys' fees would accrue through the conclusion of any appeal. The Supreme Court affirmed, holding (1) the beneficiaries' argument that the trustees should not be awarded fees for pursuing their own fees was waived; and (2) the trial justice properly awarded interest as an expense reasonably incurred in the administration of the trust. View "Kumble v. Voccola" on Justia Law
Posted in:
Trusts & Estates