Supreme Court of Rhode Island
Ambrose C. Mendes, Jr. v. Alfred Factor
April 17, 20122012 R.I. LEXIS 51
Summary
The Rhode Island Supreme Court affirmed the lower court’s dismissal of Victor and Madonna Mendes’ probate appeal and the plaintiffs’ verified complaint, but vacated the dismissal of Ambrose Mendes’ probate appeal. The Court held that only Ambrose properly perfected his probate appeal, and that the breach‑of‑fiduciary‑duty and legal‑malpractice claims are barred by the applicable statutes of limitations. The Court also rejected the continuing‑course‑of‑conduct and discovery‑rule arguments and remanded for further proceedings.