Opinion
November 25, 1968.
PRESENT: Roberts, C.J., Paolino, Powers, Joslin and Kelleher, JJ.
CERTIORARI. Basis for Issuance. After hearing and consideration of the record court determines it contains no unusual or exceptional circumstances which warranted the issuance of writ of certiorari.
CERTIORARI petition to review orders and decrees of family court and, after oral argument and study of record, the petition denied and dismissed, writ quashed, stay vacated, and record ordered returned to family court with decision endorsed thereon.
Isidore Kirshenbaum, Alfred Factor, for petitioner-appellee.
Leonard A. Kamaras, for respondent-appellant.
The respondent in the above-entitled case filed a motion for leave to file a petition for a writ of certiorari to review certain actions of the family court and at the same time moved for a stay of all proceedings in that court. On the basis of the allegations in his petition, we granted his motion, ordered the writ to issue forthwith, and stayed all proceedings in the family court except a pro-sale of real estate in Kent County. It maintains two offices — one in the town of Coventry and the other in the city of Warwick. Working out of these offices are several individuals who have been licensed by the state as qualified real estate salesmen. Each salesman works under an informal agreement whereby no wages or salary are paid to cohabitation with respondent until the parties become reconciled, for custody of the minor child of the parties, for support for herself and her minor child, and for certain other relief. The precise issues raised in this proceeding involve a series of orders and decrees entered by the family court relating to the question of payments for support.
After hearing oral argument and studying the record, we have reached the conclusion that the record contains no unusual or exceptional circumstances which warrant the issuance of the writ. See Rogers v. Rogers, 98 R.I. 263, 265-66, 201 A.2d 140, 142. We find now that the writ was improvidently granted and should therefore be dismissed.
The petition for certiorari is denied and dismissed, the writ heretofore issued appearing from the record to have been improvidently issued is quashed, the stay heretofore granted is vacated, and the record certified to this court is ordered returned to the family court with our decision endorsed thereon.