Rosa v. Oliveira

OPINION

This case comes before us in a somewhat confusing posture. In 1973 a boundary dispute between these parties was heard by a justice of the Superior Court. Judgment was entered on January 21, 1974. Defendant Oliveira appealed from said judgment, and this court denied and dismissed the appeal in Rosa v. Oliveira, 115 R.I. 277, 342 A.2d 601 (1975). The case was remanded for further proceedings based solely upon the apparent failure to join Mrs. Oliveira as a party to the action. No issue was left open in respect to Mr. Oliveira.

Thereafter, following our disposition on appeal, Mr. Oliveira…