Joyce Duffy v. Estate of Bartolomie Scire

Although I agree with the majority’s analysis and holding regarding G.L.1956 § 33-28-1, I disagree with that portion of its opinion pertaining to G.L.1956 § 9-21-6. I do so for three reasons. First, I believe that the majority abandoned our precedent of deferring to the hearing justice’s fact-finding determinations. Second, under the majority’s opinion, the standard of excusable neglect will be greatly relaxed. And third, I believe that the majority incorrectly shifted the burden of proof under § 9-21-6.

Deference to the Hearing Justice

The plaintiffs have continually alleged that the backlog…