Francesco Scotti v. Matthew Mimiaga

Syllabus

The plaintiff, Francesco Scotti, appealed from a March 13, 2023 amended order of the Superior Court granting the motion for summary judgment filed by the defendant, Matthew Mimiaga. Mr. Scotti contended before this Court that the hearing justice erred in granting the motion because genuine issues of material fact remained regarding (1) whether the option agreement was supported by consideration; (2) whether Mr. Scotti had properly and in a timely manner exercised the option to repurchase the property and whether there had been a waiver of certain deadlines; and (3) whether an essential term of the option agreement had been modified. The Supreme Court concluded that the hearing justice erred when he granted the motion for summary judgment. Accordingly, the Court vacated the amended order and the judgment of the Superior Court and remanded the case to that court for further proceedings.