Kristina Urbonas v. John Gullison

Syllabus

The defendant, NRI 51 Kingston Partnership (NRI), appealed from a January 18, 2023 final judgment of the Superior Court, which awarded title to a portion of land to the plaintiffs, Kristina Urbonas and Arunas Aniukstis, which land had been considered by NRI to be its property. The defendant contended that the trial justice \misapplied the doctrine of acquiescence\ to the portion of land at issue. The defendant further contended that the trial justice erred in awarding title to abutters other than the plaintiffs as said abutters had not requested such relief. The plaintiffs argued that the case was not properly before the Supreme Court because the defendant did \not receive[] an order from this Court extending the time by which they [would be] permitted to file the transcript in this case.\ The Supreme Court held that, in view of the very unusual travel of this case, the defendant's appeal would not be dismissed even though it did not initially request the transcripts in a timely manner. The Court further held that, although the trial justice erred in applying the doctrine of acquiescence to the parcel of property in dispute, the plaintiffs had established an easement by prescription. In addition, the Court held that the trial justice erred in granting the same relief to parties that had not requested it.