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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

East Providence Housing Authority v. Rogers, 97-0901 (1997) (1997)

Citation
East Providence Housing Authority v. Rogers, 97-0901 (1997) (1997)
Parent Document
East Providence Housing Authority v. Rogers, 97-0901 (1997) (1997)
Jurisdiction
Rhode Island (state)
Effective Date
1997-04-22

Full Text

488 chars
It is well settled that the pendency of a prior action for the same cause and between the same parties within the same jurisdiction may be asserted as a ground for the abatement of the second action. Elmasian v. Daley, 87 R.I. 431, 142 A.2d 540
(1958). However, an action does not automatically abate for that reason and a litigant who has not raised the issue of that prior litigation during the trial is precluded from doing so on appeal.Rosen v. Rosen, 122 R.I. 6, 404 A.2d 472 (1979).