Pioneer Investments, LLC v. Nicole McKiernan

Syllabus

The defendant, Nicole McKiernan (McKiernan), sought review by a writ of certiorari of a Superior Court order granting the plaintiff, Pioneer Investments, LLC (Pioneer)'s motion to dismiss McKiernan's Superior Court appeal. The trial justice dismissed the appeal on the basis that McKiernan had failed to tender rent as required by G.L. 1956 § 34 18-52, thus triggering dismissal under § 34 18 53. The Supreme Court held that the clear and unambiguous meaning of § 34 18-52 is that during the pendency of an appeal, a tenant must pay rent on the next date rent would be due. Therefore, because the portion of rent in dispute was the per diem share of rent due between the filing of an appeal and the next due date of rent, the Court held that § 34 18-52 did not apply. Pioneer also contended that the writ must be dismissed under § 34-18 53 because, Pioneer alleged, during the pendency of the writ McKiernan had vacated the apartment but failed to tender rent which it argued was due and owing. The Court rejected that argument, holding that regardless of McKiernan's potential liability for rent, because she had vacated the apartment the action was no longer an action for the recovery of real property, thus § 34 18-52 did not apply. Accordingly, the Court quashed the order dismissing McKiernan's appeal and remanded the case to the Superior Court.