Summary
holding that Rule 54(b) “permits the entry of a final judgment as to one or more but fewer than all the parties * * * only after an express determination by the [Superior Court] justice that there is no just reason for delay and an express direction that judgment may enter”
Summary of this case from Iozzi v. City of CranstonOpinion
APPEAL No. 73-139.
June 5, 1974
This is an action involving multiple parties. The plaintiff appeals an order granting the motion of the defendant, Joseph Griffin, Treasurer of the Town of Cumberland, to dismiss the complaint as to the town.
An examination of the record fails to disclose compliance with Super. R. Civ. P. 54(b). This rule permits the entry of a final judgment as to one or more but fewer than all the parties but only after an express determination by the trial justice that there is no just reason for delay and an express direction that judgment may enter. Coro, Inc. v. R. N. Koch, Inc., 112 R.I. 371, 310 A.2d 622 (1973); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 294 A.2d 193 (1972); Goodyear Loan Co. v. Little, 107 R.I. 629, 269 A.2d 542 (1970); Calore Rigging Corp. v. Sterling Engineering Constr. Co., 105 R.I. 150, 250 A.2d 365 (1969). The requisite certification has not been made.
Case remanded to the Superior Court for further proceedings which may include, within that court's sound judicial discretion, the entry of judgment accompanied by a Rule 54(b) certificate. If that discretion be exercised in favor of issuing the requisite certification and a new appeal is then prosecuted, Supreme Court will, upon stipulation of the parties, consider the questions raised upon the present appeal record as thus supplemented.
Oster, Espo, Fay Groff, Irving N. Espo, for plaintiffs.
James M. Shannahan, Town Solicitor for Town of Cumberland.