Trainor v. GRIEDER
23 A.3d 1171
| R.I. | 2011Background
- Plaintiff Trainor obtained a $1.5 million judgment against Grieder in 1992 for injuries from a 1988 assault.
- Grieder challenged the proceedings arguing there was no return of an unsatisfied execution to support supplementary proceedings.
- Grieder filed a motion to dismiss for lack of jurisdiction on March 9, 2009; hearings followed on March 9 and March 16, 2009.
- The trial justice found waiver of the return-of-execution requirement because Grieder had engaged with proceedings and payments over many years.
- The appellate record shows the Superior Court had subject matter jurisdiction, and the key issue was whether it should have exercised jurisdiction given the waiver.
- The court ultimately affirmed the Superior Court orders after concluding the jurisdictional issue was waived and the other appellate arguments were inadequately briefed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Superior Court lack subject matter jurisdiction? | Trainor | Grieder | No; subject matter jurisdiction existed |
| Whether void jurisdiction due to void process can be waived? | Trainor | Grieder | Waiver applied; jurisdictionary concerns may be waived |
| Whether defendant was unlawfully imprisoned in violation of rights | Trainor | Grieder | Not addressed on the merits; arguments deemed inadequately briefed |
Key Cases Cited
- Morris Plan Co. of Rhode Island v. Katz, 57 R.I. 495, 190 A. 455 (1937) (characterized return of execution as a condition precedent, not subject-matter jurisdiction; may be waived)
- Sidell v. Sidell, 18 A.3d 499 (R.I. 2011) (personal jurisdiction can be waived as a matter of liberty and rights)
- Haxton's of Riverside, Inc. v. Windmill Realty, Inc., 488 A.2d 723 (R.I. 1985) (actions can resolve waiver knowledge of rights)
- Imperial Casualty and Indemnity Co. v. Bellini, 888 A.2d 957 (R.I. 2005) (awareness and waiver of procedural rights)
- Johnson v. Zerbst, 304 U.S. 458 (U.S. 1938) (premise that waivers can be valid absent explicit objection)