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Coventry Credit Union v. Trafford
Citations: 649 A.2d 505; 1994 R.I. LEXIS 239; 1994 WL 578203Docket: No. 93-648-Appeal
Court: Supreme Court of Rhode Island; September 29, 1994; Rhode Island; State Supreme Court
The Supreme Court heard oral arguments on September 20, 1994, regarding the appeal by Pro Se defendants John T. Trafford and Carol A. Trafford from a Superior Court order. The order had: (1) denied their motion to dismiss the complaint filed by Coventry Credit Union; (2) denied their oral motion to stay proceedings; (3) granted the plaintiff's motion to sever the complaint from the defendants' counterclaim; and (4) granted the plaintiff's motion to strike the ad damnum in the defendants' counterclaim. After reviewing the parties' memoranda and the oral arguments, the Court determined that the defendants did not show sufficient cause for their appeal to proceed. The plaintiff's action was based on trespass and ejectment, claiming ownership of property occupied by the defendants following a foreclosure sale. The defendants contended that the trial justice erred in granting the motion to sever. The defendants were appealing an interlocutory order, which the Court generally does not review unless it falls within certain exceptions. These exceptions are: (1) appeals from orders directing the sale of property, and (2) orders that possess a finality element requiring immediate review to prevent imminent and irreparable harm. The Court concluded that the defendants' appeal did not meet these exceptions, leading to the dismissal of the appeal without prejudice, allowing the defendants to pursue further proceedings if desired. The case documents were remanded to the Superior Court. Justice Weisberger did not participate in the decision.