On Appeal

The AP&S Appellate Law Blog


Although it is well settled that an appeal may be dismissed when it has not been perfected, the Rhode Island Supreme Court made clear this term that sanctions should not be imposed for mere failure to perfect an appeal.  See Fiorenzano v. Lima, No. 2012-236-Appeal.

In Fiorenzano, when the plaintiff failed to perfect his appeal, the trial justice granted the defendant’s motion to dismiss plaintiff’s appeal and, in addition, ordered that plaintiff pay defendant $1,500 as compensation for defendant’s attorney obtaining dismissal of the appeal.  Id. at 2.

On appeal, the Supreme Court held that the imposition of a sanction for the plaintiff’s failure to perfect his appeal was in error.  Id. at 3.  According to the Court, “[n]o statute or rule calls for any further sanctions for the failure to perfect an appeal.”  Id.

About The Author

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.

Back to Top