Legal Opinion

Hyszko v. Barbour

Supreme Court of Rhode Island

Decided July 20, 1982No. 79-508-Appeal, 80-121-AppealPublishedCited by 18 opinions

1Opinion of the Court

OPINION

KELLEHER, Justice.

We have consolidated these two appeals. One appeal concerns two suits, one of which was begun in 1958 and the other in 1961. The second appeal concerns a 1977 civil action. All the litigation took place in the Superior Court. The 1958 and 1961 suits were dismissed pursuant to Rule 41(b)(2) of the Superior Court Rules of Civil Procedure for lack of prosecution. The 1977 civil action was dismissed on the grounds of laches, a prior action pending, and the election of remedies.

In attempting to put this tangled web of litigation into its true focus, we must go back to…

2Cases cited11 opinions

  1. Chase v. ChaseSupreme Court of Rhode Island · 1897
  2. Ely Valley Mines, Inc., Pioche Mines Consolidated, Inc. v. Hartford Accident and Indemnity Company, Americo L. Campini, Leland DonahueCourt of Appeals for the Ninth Circuit · 1981
  3. Citizens Utilities Company v. The American Telephone and Telegraph CompanyCourt of Appeals for the Ninth Circuit · 1979
  4. Gaglione v. CardiSupreme Court of Rhode Island · 1978
  5. Pukas v. PukasSupreme Court of Rhode Island · 1968

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3Cited by18 opinions

  1. Rodriques v. SantosSupreme Court of Rhode Island · 1983
  2. Grissom v. Pawtucket Trust Co.Supreme Court of Rhode Island · 1989
  3. Bergeron v. RoszkowskiSupreme Court of Rhode Island · 2005
  4. Harvey v. Town of TivertonSupreme Court of Rhode Island · 2001
  5. Coates v. OCEAN STATE JOBBERS, INC.Supreme Court of Rhode Island · 2011

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