Supreme Court of Rhode Island
Val-Gioia Properties, LLC v. Earl Blamires
May 9, 20112011 R.I. LEXIS 56
Summary
The Supreme Court of Rhode Island vacated the Superior Court’s affirmation of a District Court default judgment and remanded for a de novo trial, holding that the default judgment was void because the defendants had answered the complaint and proper notice under Rule 55 was not given. The Court also held that an appeal to the Superior Court vacates the lower court’s judgment and confers a statutory right to a de novo hearing on all issues of fact and law.