47 A.3d 335
R.I.2012Background
- Nye, pro se, appeals from Superior Court dismissal of motions to admit newly discovered evidence and to set aside a transfer.
- Supreme Court previously decided Nye v. Brousseau, addressing the boundary dispute and boundary line determination.
- Plaintiff filed a 2006 complaint contending the defendants disputed the boundary and requested surveys.
- A 2008 nonjury trial culminated in an injunction against entering defendants’ property and damages for shrubbery trimming; a new boundary line was declared.
- The 2010 appellate opinion affirmed the boundary ruling but vacated the injunction and certain damages related to a 2005 survey.
- In July–September 2010 Nye argued for admission of a quitclaim deed and for setting aside a transfer to a trust; the court declined to adjudicate these in the boundary case, directing a new suit if pursued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should the motions be entertained in this case? | Nye contends new evidence and transfer issues warrant consideration. | Brousseau argues these claims belong in a separate action, not this boundary case. | Dismissal proper; must file a new suit for such claims. |
| Can the quitclaim/transfer issues be reviewed here? | Claims of fraud on the court and related transfer concerns should be adjudicated now. | Those matters are outside the current boundary decision and require a separate proceeding. | Not reviewable in this appeal; litigation should end and/or proceed in a new action. |
Key Cases Cited
- Nye v. Brousseau, 992 A.2d 1002 (R.I. 2010) (affirms boundary line; vacates related injunction and damages)
- Arena v. City of Providence, 919 A.2d 379 (R.I. 2007) (litigation should end; finality concerns)
- Palazzo v. Alves, 944 A.2d 144 (R.I. 2008) (there is nothing more to be said; case over)
- Gunn v. Union Railroad Co., 27 R.I. 320, 62 A. 118 (1905) (early rule on final disposition of litigation)