De Carlo v. Sanese

—Order of February 28, 1978 unanimously modified to vacate the injunction granted plaintiffs January 6, 1978 and, as modified, affirmed, without costs. Memorandum: Defendant alleges in an affidavit sworn to by his attorney in support of his motion to vacate the injunction granted to plaintiffs on January 6, 1978 that the premises were vacated on October 15, 1977. Defendant informed the court of this development in a letter addressed to the Trial Justice dated December 7, 1977. At this point the Trial Justice had already rendered a written decision determining the action although the order and…