Narrative Opinion Summary
An examination of the case record indicates non-compliance with Super.R.Civ. P. 54(b), which allows for final judgment on fewer than all parties or claims only after the trial justice explicitly determines there is no just reason for delay and provides a directive for judgment entry. Citing Simmons v. State of Rhode Island, 381 A.2d 1045 (1978), the order remands the case to the Superior Court for further proceedings, which may include the entry of judgment with a Rule 54(b) certificate at the court's discretion. Justice Shea did not participate in this decision.
Legal Issues Addressed
Compliance with Rule 54(b) for Final Judgmentsubscribe to see similar legal issues
Application: The case demonstrates the necessity for compliance with Super.R.Civ. P. 54(b) when issuing a final judgment for fewer than all parties or claims, requiring a trial justice's explicit determination of no just reason for delay.
Reasoning: An examination of the case record indicates non-compliance with Super.R.Civ. P. 54(b), which allows for final judgment on fewer than all parties or claims only after the trial justice explicitly determines there is no just reason for delay and provides a directive for judgment entry.
Remand for Further Proceedingssubscribe to see similar legal issues
Application: The order to remand the case to the Superior Court for further proceedings underscores the court's role in ensuring proper judgment entry, potentially including the issuance of a Rule 54(b) certificate at the court's discretion.
Reasoning: Citing Simmons v. State of Rhode Island, 381 A.2d 1045 (1978), the order remands the case to the Superior Court for further proceedings, which may include the entry of judgment with a Rule 54(b) certificate at the court's discretion.