American Express National Bank v. Anna Perretta

Syllabus

The defendant, Anna Perretta, appealed from the July 23, 2024 final judgment of the Superior Court entered in favor of the plaintiff bank. On appeal, the defendant contended that the hearing justice erred by disregarding Rule 6 of the Superior Court Rules of Civil Procedure when he granted the plaintiff bank's motion for summary judgment in reliance upon an affidavit that was \not in the record and not provided to the [defendant] with the motion.\ The Supreme Court held that the plaintiff bank's affidavit, which was e-mailed to the hearing justice's clerk on the morning of the hearing, was not timely filed and that, therefore, the hearing justice should not have relied upon that affidavit in ruling on the motion for summary judgment. Accordingly, the Court vacated the grant of summary judgment and the entry of final judgment in favor of the plaintiff bank and remanded the case to the Superior Court for such further proceedings as may be required.