Opinion · Supreme Court of Rhode Island
DeBiasio v. Napolitano
DeBiasio v. Napolitano, 555 A.2d 339 (R.I. 1989)
- Type
- Opinion
- Court
- Supreme Court of Rhode Island
- Jurisdiction
- Rhode Island
- Date
- 1989-03-06
- Topic
- general
Toni DeBIASIO v. Stephen NAPOLITANO, in His Capacity as Treasurer of the City of Providence. Pamela LaBRIE et al. v. Stephen NAPOLITANO, in His Capacity as Treasurer of the City of Providence. Nos. 87-409-Appeal, 87-453-Appeal.
Citator
DeBiasio v. Napolitano has been questioned or limited by later authorities: relies on overruled authority: 555 A.2d 328 (abrogated by Feeney v. Napolitano). Read them before relying on it. 26 later decisions cite it.
- Authority status
- caution
- Cited by
- 26 opinions
Toni DeBIASIO v. Stephen NAPOLITANO, in His Capacity as Treasurer of the City of Providence. Pamela LaBRIE et al. v. Stephen NAPOLITANO, in His Capacity as Treasurer of the City of Providence.
Nos. 87-409-Appeal, 87-453-Appeal.
Supreme Court of Rhode Island.
March 6, 1989.
Aram Schefrin, Lovett, Schefrin & Gal-logly, Providence, for plaintiffs.
David D. Curtin, Legal Dept., City of Providence, for defendant.
OPINION
These consolidated cases come before us on the plaintiffs’ appeal from Superior Court orders granting the defendant’s motions to dismiss pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. It is the opinion of the court that our decisions in O'Brien v. State, 555 A.2d 334 (R.I.1989) and Catone v. Medberry, 555 A.2d 328 (R.I.1989) are clearly controlling. We therefore sustain the plaintiffs’ appeals and remand the cases to the Superior Court for trial in accordance with the standard enunciated in the above opinions.