In Nationwide Property & Casualty Ins. Co. v. D.F. Pepper Construction, Inc., No. 2011-208-Appeal (R.I. Jan. 28, 2013), the defendant appealed from the denial of his motion for summary judgment and from the final judgment. The Rhode Island Supreme Court held that defendant’s appeal from the denial of its motion for summary judgment was procedurally defective. The Court noted that “‘[b]ecause an order denying a motion for summary judgment is an interlocutory determination and is not entitled to an appeal as of right, we do not generally review such a denial.’” Id. at 5 n.3 (quoting McKinnon v. Rhode Island Hospital Trust Nat’l Bank, 713 A.2d 245, 247 (R.I. 1998)). In Nationwide, the defendant received a full bench trial after the denial of its motion for summary judgment. Thus, on appeal, the Supreme Court reviewed only the decision in that trial.
(2) Denials of Motions for Summary Judgment are Interlocutory and Not Appealable as of Right.
Posted In: Appealability Tagged In: Appealability, Interlocutory Appeals, Rhode Island Supreme Court
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Nicole J. Benjamin
I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.
