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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Russo v. Fleetwood, 713 A.2d 775 (1998)

Citation
Russo v. Fleetwood, 713 A.2d 775 (1998)
Parent Document
Russo v. Fleetwood, 713 A.2d 775 (1998)
Jurisdiction
Rhode Island (state)
Effective Date
1998-06-17

Full Text

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Although Fleetwood raises numerous issues on appeal, the principal issue is whether the trial justice erred in dismissing her appeal for a one-time late payment due to circumstances beyond her control. Fleet-wood argues that a trial justice has the authority to apply equitable principles in considering the reasons for a tenant’s failure to pay timely rent during the pendency of an appeal. Fleetwood suggests that the prior opinions of this Court upholding the dismissal of an appeal for nonpayment of rent often concerned “commercial tenants” who were financially able to pay rent when due but who nonetheless failed or refused to do so. In support of her argument Fleetwood relies upon Chalet Nominee Trust v. Ryan, 672 A.2d 464 (R.I.1996); Brooks v. Hill, 667 A.2d 1262 (R.I.1995); and Tortolani v. Staradumsky,