CACH, LLC v. Brandon Potter

Citations

• 154 A.3d 939
• 2017 R.I. LEXIS 30

Syllabus

The defendant, Brandon Potter, appealed from a grant of summary judgment in favor of the plaintiff, CACH, LLC (CACH), in a credit card debt collection action. He contended on appeal that the hearing justice erred in granting CACH's motion for summary judgment. He further posited that the hearing justice committed error in denying his motion to compel arbitration and his motion to amend his answer. The Supreme Court held that Mr. Potter's motion to compel arbitration was properly denied because he failed to plead a demand for arbitration in his answer and therefore waived that issue. It further held that denial of his motion to amend was appropriate under the circumstances of the case. Lastly, it upheld the decision of the Superior Court with respect to CACH's motion for summary judgment due to the fact there were no genuine issues of material fact in dispute and that CACH was entitled to judgment as a matter of law. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.