Charles A. Anton v. Philippe L. Houze

Syllabus

The defendants, Philippe L. Houze and Marie Houze, appealed from a Superior Court judgment in favor of the plaintiffs, Charles A. Anton and Tami D. Anton, as Trustees of the Victoria Avenue Realty Trust, that granted the plaintiffs declaratory and injunctive relief, and denied declaratory and injunctive relief requested in the counterclaim filed by the defendants. On appeal, the defendants contended that the trial justice erred in (1) deciding that a two-member condominium board consisting of the owners of the condominium's two units was not inconsistent with the Rhode Island Condominium Act (2) holding Mr. Houze in civil contempt and (3) awarding the plaintiffs attorneys' fees. <br>In their cross-appeal from the same Superior Court judgment, the plaintiffs asserted that the trial justice erred when he determined that the applicable statute of limitations did not bar the defendants' counterclaims. <br><br>The Supreme Court determined that the defendants' counterclaims were barred by the applicable statute of limitations and therefore declined to address the merits of their appeal with respect to the two-member condominium board. The Court further held that the trial justice did not abuse his discretion by holding Mr. Houze in contempt or by awarding the plaintiffs attorneys' fees. Therefore, the Supreme Court affirmed the judgment of the Superior Court. <br>