Berberian v. O'NEIL

This declaratory judgment action was heard by a justice of the Superior Court. The plaintiff is an attorney. The defendant was, at the inception of this suit, the administrator of the Family Court. The gist of the plaintiff’s complaint is that the defendant had no authority to issue a directive requiring the payment of a ten-dollar entry fee for each divorce petition filed in the Family Court. The plaintiff has taken an appeal from the de nial of his motion for a summary judgment and the entry of judgment for the defendant.

The trial justice rested his action on three grounds. They were: (1)…