February 19, 2025
9:30 am |
SU-2023-0373-A |
Sandra Greene v. Taleahea Ortiz-Martin et al. |
Counsel for Plaintiff(s):
Lawrence Almagno, Jr.
Counsel for Defendant(s):
Edward L. Gnys, III |
The plaintiff appeals from a grant of summary judgment in favor of defendant PV Holding Corp. The plaintiff argues that the judge erred in denying the motion to amend her complaint, in which she sought to add a party defendant and new claims. |
February 19, 2025
9:50 am |
SU-2024-0028-A
SU-2024-0029-A |
Edgar Sepulveda, in his capacity as Trustee of The 7 Half Mile Road Living Trust v. John Buffum et al.
John Buffum et al. v. Edgar Sepulveda |
Counsel for Plaintiff(s):
Armando E. Batastini
Erik Chapman Lindstedt
Justin Sandbach Smith
Jeffrey S. Brenner
Counsel for Defendant(s):
Harris Weiner |
The appellant appeals from a decision denying his claim for adverse possession over a portion of appellees property and granting appellees claims of trespass against appellant and declaring that appellees owned the portion of property in contention. The appellant claims that the trial judge erred in rejecting uncontradicted testimony. |
February 19, 2025
10:10 am |
SU-2024-0091-A |
William Boggs v. Johnston Asphalt, LLC |
Counsel for Plaintiff(s):
Timothy J. Robenhymer
Counsel for Defendant(s):
Matthew T. Oliverio
Gina Lemay |
The plaintiff appeals from the entry of summary judgment in favor of the defendant. The plaintiff argues that there were genuine questions of material fact which precluded summary judgment. The plaintiff contends that the defendant owed a third-party duty of care to the plaintiff. |
February 19, 2025
10:30 am |
SU-2023-0099-CA |
State of Rhode Island v. Irving Johnson |
Counsel for Plaintiff(s):
Christopher R. Bush
Arthur DeFelice
Counsel for Defendant(s):
Katherine Hadley
Shannah Kurland
Raymond Watson |
The defendant appeals following a conviction for one count of vandalism and one count of willful trespass. The defendant raises one issue on appeal. He argues that the trial judge committed reversible error by refusing to charge the jury on the affirmative defense of claim of right. |
February 20, 2025
9:50 am |
SU-2024-0145-A |
Francisco Rosario v. Nationstar Mortgage LLC NKA Mr. Cooper et al. |
Counsel for Plaintiff(s):
Todd Dion
Counsel for Defendant(s):
Robert J. Durant, Jr.
Joseph A. Farside
Krystle Guillory Tadesse |
The plaintiff appeals from the dismissal of his breach of contract action. The central issue in this case is whether the plaintiff has a private right of action for the violation of § 19-14.11-1, which requires loan servicers to be licensed. The plaintiff contends that the Superior Court erred in ruling that he had no private right of action. The plaintiff contends that the servicer for his mortgage impermissibly charged fees as an unlicensed servicer in violation of paragraph 14 of the mortgage contract. The plaintiff contends that on this basis he had a valid breach of contract claim.
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February 20, 2025
10:10 am |
SU-2024-0099-A |
Staci Shepherd v. Rhode Island State Police et al. |
Counsel for Plaintiff(s):
Thomas M. Dickinson
Kathleen M. Hagerty
Counsel for Defendant(s):
D. Peter Desimone
Vincent F. Ragosta, Jr.
Adam Sholes
Shannon Haibon |
The state appeals from partial final judgment entered in favor of the plaintiff on counts 1 and 3 of her verified complaint. The state argues that the Superior Court erred in overturning the state police superintendent’s decision to deny a disability pension for the plaintiff. It contends that the superintendent has great discretion in determining the eligibility of a state trooper for a disability pension. The state asserts that the superintendent’s decision must be upheld, as it was not arbitrary and capricious. |
February 20, 2025
10:30 am |
SU-2024-0014-CA |
State of Rhode Island v. Jose Lantigua |
Counsel for Plaintiff(s):
Devon Flanagan Hogan
Counsel for Defendant(s):
Megan F. Jackson
Angela M. Yingling |
A jury found the defendant guilty of first- and second-degree child molestation. On appeal, the defendant argues that the trial justice erred in allowing the state’s medical expert to testify that she believed the complaining witness’ allegations to be true in a case that rested entirely on credibility. |
February 26, 2025
9:30 am |
SU-2024-0195-A |
John Cullen v. Albion Fire District et al. |
Counsel for Plaintiff(s):
Timothy K. Baldwin
Counsel for Defendant(s):
Louis Desimone, Jr. |
The plaintiff appeals from a judgment directing the defendants, the Albion Fire District, the Saylesville Fire District, and the Albion/Saylesville Fire Districts Consolidation Committee, to pay plaintiff $2,500 in attorney’s fees. Before this Court, plaintiff claims that the Superior Court hearing judge abused his discretion and should have awarded reasonable attorney’s fees in the amount of $10,278.50. |
February 26, 2025
9:50 am |
SU-2024-0128-A |
Koziol Firearms, Inc. v. Kevin Marchand in his capacity as Member of The Zoning Board of Review of The City of Central Falls et al. |
Counsel for Plaintiff(s):
Michael F. Horan
Monica Horan
Counsel for Defendant(s):
Nicholas J. Hemond
Tyler Nugent Miller
Dane Evan Ardente
Andrew Howayeck
Matthew T. Jerzyk |
The plaintiff appeals from a judgment entered in favor of the city of Central Falls, dismissing, without prejudice, the plaintiff’s request for a declaratory judgment that a zoning ordinance was not validly amended. The plaintiff argues that the hearing justice overlooked and misconceived evidence. The plaintiff also contends that it was not required to exhaust administrative remedies. |
February 26, 2025
10:10 am |
SU-2024-0100-A |
Modupe Osifodunrin v. Marc Desjardins et al. |
Counsel for Plaintiff(s):
Modupe Osifodunrin,
Pro Se
Counsel for Defendant(s):
Zachary Berk
Paige Schroeder
Joseph K. Scully |
The plaintiff appeals from the entry of summary judgment in favor of the defendants on her declaratory judgment action challenging the foreclosure and subsequent sale of her former property in Hopkinton. The plaintiff contends that the foreclosure was void and that her complaint was not barred by the statute of limitations. She also contends that collateral estoppel should not have been applied in this case and that the defendants acted with unclean hands. |
February 26, 2025
10:30 am |
SU-2022-0035-CA |
State of Rhode Island v. Joseph Coletta |
Counsel for Plaintiff(s):
Sean Paul Malloy
Counsel for Defendant(s):
Stefanie DiMaio Larivee |
The defendant appeals from a judgment of conviction on five counts of second-degree child molestation. On appeal, he contends that: (1) his statement to police should have been suppressed because of delay in presentment, (2) it was error to exclude testimony by his expert on false confessions, (3) there should have been an evidentiary hearing to determine the necessity of that expert testimony, and (4) his new trial motion should have been granted because the complaining witness was not credible. |