Michael Lawton v. Fairway Independent Mortgage Corporation ( 2014 )

Supreme Court
No. 2013-180-Appeal.
Michael Lawton :
v. :
Fairway Independent Mortgage Corporation, :
et al. :
ORDER
The plaintiff, Michael Lawton, appeals from a Superior Court summary judgment in
favor of the defendants, Mortgage Electronic Registration Systems, Inc., OneWest Bank, FSB.,
and OWB REO, LLC. This case came before the Supreme Court at a session in conference
pursuant to Article I, Rule 12A(3)(b) of the Supreme Court Rules of Appellate Procedure. At
this time, we proceed to decide this case without further briefing and argument.
This appeal is not properly before the Court. Under “[Article I,] Rule 4(a) [of the
Supreme Court Rules of Appellate Procedure], a notice of appeal must be filed ‘within twenty
(20) days of the date of the entry of the judgment.’” Iozzi v. City of Cranston, 52 A.3d 585,
588 (R.I. 2012) (quoting Rule 4(a)). “It is well settled that ‘the time specified in Rule 4(a) is
mandatory, and that once the prescribed time has passed there can be no review by way of
appeal.’” Id. (quoting Wachovia Bank v. Hershberger, 911 A.2d 278, 279-80 (R.I. 2006)
(mem.)). Judgment in the instant case was entered on April 11, 2013, and the plaintiff filed his
notice of appeal on May 7, 2013, more than twenty days thereafter. Thus, the plaintiff’s notice
of appeal was untimely, and this case must be dismissed.
Accordingly, the plaintiff’s appeal is denied and dismissed.
1
Entered as an Order of this Court on this 25th day of September, 2014.
By Order,
/s/
Clerk
2
RHODE ISLAND SUPREME COURT CLERK’S OFFICE
Clerk’s Office Order/Opinion Cover Sheet
TITLE OF CASE: Michael Lawton v. Fairway Independent Mortgage Corporation, et
al.
CASE NO: No. 2013-180-Appeal.
COURT: Supreme Court
DATE ORDER FILED: September 25, 2014
JUSTICES: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
WRITTEN BY: N/A – Court Order
SOURCE OF APPEAL: Providence County Superior Court
JUDGE FROM LOWER COURT:
Associate Justice Bennett R. Gallo
ATTORNEYS ON APPEAL:
For Plaintiff: George E. Babcock, Esq.
For Defendants: Paul J. Bogosian, Jr., Esq.