Kristina Urbonas v. John Gullison

Summary

The Court declined to dismiss NRI's appeal despite the untimely transcript request because the unusual procedural circumstances and misfiled extension petition did not affect jurisdiction and reaching the merits served the interests of justice. It held that the trial justice improperly awarded relief to abutters who had not requested it and incorrectly applied acquiescence to the disputed five-foot strip because the relevant boundary was between NRI's property and Bowser Court. Nevertheless, the Court held that the plaintiffs established a prescriptive easement over the strip and therefore affirmed in part and vacated in part.