Opinion
No. 2022-81-Appeal. KD 21-728
06-16-2023
OUSHON, LLC v. Christopher LALIBERTE, et al.
James G. Atchison, Esq., for Plaintiff. Jennifer Egan Laliberte, pro se.
James G. Atchison, Esq., for Plaintiff.
Jennifer Egan Laliberte, pro se.
ORDER
The plaintiff, Oushon, LLC, appeals from a judgment of the Superior Court in favor of the defendants, Christopher Laliberte and Jennifer Egan Laliberte, in this landlord-tenant eviction action. This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the parties’ written and oral submissions and reviewing the record, we conclude that cause has not been shown and that we may decide this appeal without further briefing or argument.
"[T]his Court will not disturb the findings of a trial justice sitting without a jury unless such findings are clearly erroneous or unless the trial justice misconceived or overlooked material evidence ***." Gregoire v. Baird Properties, LLC , 138 A.3d 182, 191 (R.I. 2016) (quoting South County Post & Beam, Inc. v. McMahon , 116 A.3d 204, 210 (R.I. 2015) ). We "review questions of law de novo ." Id . at 192 (quoting South County Post & Beam, Inc. , 116 A.3d at 210 ). As the appellant, it is plaintiff's burden to demonstrate that the trial justice was clearly wrong or committed an error of law. See Jonklaas v. Silverman , 117 R.I. 691, 697, 370 A.2d 1277, 1281 (1977).
Following our examination of the record, we conclude that the plaintiff has failed to satisfy the Court that the judgment of the Superior Court should not stand. We therefore affirm the judgment and remand the record to the Superior Court.
Entered as an Order of this Court this 16th day of June, 2023.