Opinion
C.A. PC-11-0194
01-17-2013
HSBC BANK NEVADA, N.A. v. ROBERT L. COURNOYER
DECISION GRANTING MOTION TO WITHDRAW APPEARANCE
This matter came to be heard before Justice Taft-Carter on October 29, 2012 and November 2, 2012, on the motion of Wendy Taylor Humphrey to withdraw her entry of appearance on behalf of Defendant Robert L. Cournoyer.
"The grant or denial of a motion to withdraw rests within the sound discretion of the trial justice and depends upon such considerations as the reasons necessitating the withdrawal, the efficient and proper operation of the court, and the effect that granting or denying the motion will have on the parties to the litigation." Carter v. Dworkin, 561 A.2d 389, 390-91 (R.I. 1989). In this matter, the Defendant has recently filed a Chapter 7 Voluntary Petition in the United States Bankruptcy Court for the District of Rhode Island. The circumstances of the Defendant's case have therefore changed. In light of the changed circumstances, Wendy Taylor Humphrey's motion to withdraw her appearance is Granted.