Farrar v. Hupper

This is before the Appellate Division on a petition to establish a report. The action was tried and the trial justice found for the plaintiff and assessed damages on April 27, 1976. On May 4, 1976 the defendant filed a request for a report and a draft report. On May 10, 1976, the trial justice dismissed the draft report. On May 14, 1976 the defendant filed a request for report and a draft report on the dismissal of the original draft report.

When a request for report and a draft report are dismissed, the remedy is to file a request for report and a draft report on the dismissal order (emphasis…