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Figuereo v. Diaz

Supreme Court of Rhode Island
Dec 21, 1994
651 A.2d 1236 (R.I. 1994)

Summary

holding that this Court lacked jurisdiction when appeal was filed twenty-one days after entry of judgment without any application for an excusable-neglect extension

Summary of this case from Carpentier v. State

Opinion

No. 94-0076.

December 21, 1994.

Kevin McBurney, John McBurney, Pawtucket.

Thomas Bender, Dennis McCarten, Providence.


ORDER

This matter came before the Supreme Court on December 16, 1994 pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided.

Plaintiff asks this court to review a directed verdict for the defendant entered by the Superior Court. The defendant asserts that there is no appellate jurisdiction because the plaintiff did not file her notice of appeal until twenty-one days after entry of judgment in the Superior Court.

The mandatory period for filing a notice of appeal under Supreme Court Rule 4(a) is twenty days. Warwick Land Trust, Inc., et al. v. Children's Friend and Service, Inc. et al., 604 A.2d 1266, 1267 (R.I. 1992). Rule 4 permits an extension for the period for filing the notice of appeal of an additional thirty days only upon a showing of excusable neglect. Id. In this case no such application was made to the trial justice and Supreme Court Rule 2(b) specifically prohibits this court from extending the time for filing a notice of appeal. Therefore, plaintiff's appeal is not properly before us. Because this matter is disposed of solely on procedural grounds, it is not necessary to reach other issues raised by plaintiff.

After hearing the arguments of counsel, and reviewing the memoranda submitted by the parties, we are of the opinion that cause has not been shown. Accordingly, the plaintiff's appeal is denied and dismissed and the judgment appealed from is affirmed.


Summaries of

Figuereo v. Diaz

Supreme Court of Rhode Island
Dec 21, 1994
651 A.2d 1236 (R.I. 1994)

holding that this Court lacked jurisdiction when appeal was filed twenty-one days after entry of judgment without any application for an excusable-neglect extension

Summary of this case from Carpentier v. State

dismissing appeal filed twenty-one days after entry of judgment

Summary of this case from Livermore v. Attorney Gen., State of Rhode Island
Case details for

Figuereo v. Diaz

Case Details

Full title:Claudia FIGUEREO v. Joseph DIAZ

Court:Supreme Court of Rhode Island

Date published: Dec 21, 1994

Citations

651 A.2d 1236 (R.I. 1994)

Citing Cases

State v. Sostre

The 20th day after the judgment of conviction was entered fell on September 9, 1997. Because there were no…

Livermore v. Attorney Gen., State of Rhode Island

This court has always applied the requirements of Rule 4 strictly. See, e.g., Figuereo v. Diaz, 651 A.2d…