Estate of John P. Garan

Syllabus

The appellant appealed from a decision of the Superior Court granting summary judgment on the basis that she failed to perfect her probate appeal. On appeal, the appellant alleged that the Superior Court justice committed reversible error by granting summary judgment, asserting that she did in fact comply with the statutory requirements of G.L. 1956 § 33-23-1 for perfecting her appeal. The Supreme Court's review of the record revealed that the form the appellant used to file her timely claim of appeal with the probate clerk's office included a written request for a certified copy of her claim on its face. Additionally, the Court determined that the record showed the appellant claimed that she paid sufficient fees for a certified copy of her first claim of appeal, which was materially identical to a second claim of appeal filed later the same afternoon. Therefore, the Supreme Court held that summary judgment was not justified because the appellant perfected her probate appeal by filing a timely claim of appeal with the probate clerk's office, including a written request for a certified copy of her claim, and paying the requisite fees. Accordingly, the Court vacated the judgment of the Superior Court.