Kelly Maltais v. Michael Maltais

Syllabus

The appellant challenged an order of the Superior Court dismissing her probate appeal in favor of the appellee. The appellant contended that the hearing justice erred in concluding that her appeal was not timely because the thirtieth day for filing fell on a Saturday, whereas she should have had until the next day that was not a weekend or holiday to file her appeal. After review the Supreme Court vacated the order of the Superior Court because under the clear and unambiguous language of G.L. 1956 § 33-23-1(a)(2), appellant was entitled to thirty days to file her probate appeal and the hearing justice's decision afforded her only twenty-nine days.