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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)

Citation
Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)
Parent Document
Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)
Jurisdiction
Rhode Island (state)
Effective Date
2004-06-21

Other Sections in This Document (104)

Full Text

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Count 1 of plaintiffs' complaint alleges that "defendants have taken actions against plaintiffs in retaliation for the plaintiffs' exercise of their lawful rights seeking to enforce the terms and conditions of their lease and their occupancy, in violation of § 34-18-46." Not only did plaintiffs fail to raise retaliatory conduct as a defense to the eviction complaint, as is expressly permitted under the landlord and tenant act,[5] but also they resolved the *1089 eviction complaint by means of a stipulation. Although it is true that they subsequently attempted to vacate the judgment by arguing that Mr. Hoffman, as a pro se litigant, was coerced into participating in the mediation without fully understanding his rights, their motion to vacate was denied. Moreover, their effort to have this Court review the District Court judgment by means of a petition for writ of certiorari was unsuccessful.