Robert Paroskie v. Linda Rhault

Syllabus

The plaintiff appealed from the grant of summary judgment in favor of defendant. The plaintiff claimed that there existed a dispute of material facts which precluded the hearing justice from granting summary judgment. The Supreme Court determined that plaintiff's appeal was untimely because although plaintiff filed a motion titled under Rule 59(e) of the Superior Court Rules of Civil Procedure, the motion sought to relitigate the merits of the motion for summary judgment, thus was improper under Rule 59(e) and did not extend the time to file an appeal from the grant of summary judgment in this Court. Accordingly, the Court affirmed the judgment of the Superior Court.