Wachsberger v. Pepper, 583 A.2d 77 (R.I. 1990). · Go Syfert
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Wachsberger v. Pepper, 583 A.2d 77 (R.I. 1990). Cases Citing This Book View Copy Cite
46 citation events (39 in the last 25 years) across 2 distinct courts.
Strongest positive: Gerald Degasparre v. Fay Servicing, LLC (ri, 2023-02-13)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 16 distinct citers.
discussed Cited as authority (rule) Gerald Degasparre v. Fay Servicing, LLC
R.I. · 2023 · confidence medium
At the discretion of the hearing justice, Rule 15(a) of the Superior Court Rules of Civil Procedure “liberally permits amendment absent a showing of extreme prejudice.” Granoff Realty II, Limited Partnership v. Rossi, 823 A.2d 296, 298 (R.I. 2003) (quoting Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I. 1990)).
discussed Cited as authority (rule) Gerald Degasparre v. Fay Servicing, LLC
R.I. · 2023 · confidence medium
At the discretion of the hearing justice, Rule 15(a) of the Superior Court Rules of Civil Procedure “liberally permits amendment absent a showing of extreme prejudice.” Granoff Realty II, Limited Partnership v. Rossi, 823 A.2d 296, 298 (R.I. 2003) (quoting Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I. 1990)).
cited Cited as authority (rule) Bank of America, N.A. v. Timothy G. Fay
R.I. · 2020 · confidence medium
We have applied this rule liberally to permit amendment “absent a showing of extreme prejudice.” Id. (quoting Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I. 1990)).
discussed Cited as authority (rule) CACH, LLC v. Brandon Potter
R.I. · 2017 · confidence medium
Rule 15(a) of the Superior Court Rules of Civil Procedure states that “leave [to amend] shall be freely given when justice so requires.” It has been our view that that rule allows for amendment “absent a showing of extreme prejudice.” Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I. 1990).
examined Cited as authority (rule) Harodite Industries, Inc. v. Warren Electric Corp. (4×)
R.I. · 2011 · confidence medium
And with respect to a party’s delay in moving to amend, we have previously stated that, “mere delay is an insufficient reason to deny an amendment.” Wachsberger v. Pepper, 583 A.2d 77, 79 (R.I.1990); see Inleasing Corp., 475 A.2d at 992 .
discussed Cited as authority (rule) Greenfield Hill Investments, L.L.C. v. Miller
R.I. · 2007 · confidence medium
We have interpreted Rule 15(a) to “liberally permit[] amendment absent a showing of extreme prejudice.” Granoff Realty II, Limited Partnership v. Rossi 823 A.2d 296, 298 (R.I.2003) (quoting Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I.1990)).
discussed Cited as authority (rule) Weybosset Hill Investments, LLC v. Rossi
R.I. · 2004 · confidence medium
In Granoff Realty, we recognized that, although leave to amend a pleading lies within the sound discretion of a trial justice, Rule 15(a) of the Superior Court Rules of Civil Procedure 5 “liberally permits amendment absent a showing of extreme prejudice.” Granoff Realty, 823 A.2d at 298 (quoting Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I.1990)).
discussed Cited as authority (rule) Granoff Realty II, Ltd. Partnership v. Rossi
R.I. · 2003 · confidence medium
Under Rule 15(a) of the Superior Court Rules of Civil Procedure, after a responsive pleading has been served and an action has been placed upon the trial calendar, “a party may amend [its] pleading[s] only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.” We have held that “leave to amend * * * lies within the sound discretion of the trial justice.” Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I.1990).
discussed Cited as authority (rule) Hendrick v. Hendrick
R.I. · 2000 · confidence medium
Although it is well settled that leave to amend a defective pleading is committed to the sound discretion of the hearing justice, see Babbs v. John Hancock Mutual Life Insurance Co., 507 A.2d 1347, 1349 (R.I.1986), “we have consistently held that Rule 15(a) liberally permits amendment absent a showing of extreme prejudice.” Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I.1990) (citing Inleasing Corp. v. Jessup, 475 A.2d 989, 993 (R.I.1984)).
discussed Cited as authority (rule) Frank N. Gustafson & Sons, Inc. v. Walek
R.I. · 1991 · confidence medium
Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I.1990) (citing Babbs v. John Hancock Mutual Life Insurance Co., 507 A.2d 1347, 1349 (R.I.1986)); see also Goodman v. Turner, 512 A.2d 861, 866 (R.I.1986); Richard v. John Hancock Mutual Life Insurance Co., 113 R.I. 528, 540 , 324 A.2d 671, 677 (1974).
cited Cited "see" Berrios v. Jevic Transportation
Sup. Ct. R.I. · 2011 · signal: see · confidence high
See id.
discussed Cited "see" Heritage Healthcare v. the Beacon Ins.
Sup. Ct. R.I. · 2008 · signal: see · confidence high
See Wachsberger v. Pepper , 583 A.2d 77 (R.I. 1990). *Page 3 Analysis Rule 15(a) of the Rhode Island Superior Court Rules of Civil Procedure ("Amended and supplemental pleadings") provides: A party may amend the party's pleadings once as a matter of course at any time before a responsive pleading is served. . . .
cited Cited "see" Rockland Credit v. Fenestration Architec.
Sup. Ct. R.I. · 2008 · signal: see · confidence high
See Wachsberger v. Pepper , 583 A.2d 77 (R.I. 1990).
cited Cited "see" Wayne Cady v. Imc Mtg. Co., 98-5400, (1-31-2002)
Sup. Ct. R.I. · 2002 · signal: see · confidence high
See Wachsberger v. Pepper, 583 A.2d 77 ,78 (R.I. 1990); Inleasing Corp. v. Jessup, 475 A.2d 989 , 993 (R.I. 1984).
cited Cited "see" Normandin v. Levine
R.I. · 1993 · signal: see · confidence high
See Wachsberger v. Pepper, 583 A.2d 77, 78 (R.I.1990); Inleasing Corp. v. Jessup, 475 A.2d 989, 993 (R.I.1984).
discussed Cited "see, e.g." Kimberly Lomastro v. Margaret Iacovelli (2×)
R.I. · 2012 · signal: see also · confidence medium
Kuczer v. City of Woonsocket, 472 A.2d 300, 301 (R.I.1984); see also Wachsberger v. Pepper, 583 A.2d 77, 78-79 (R.I.1990) (citing Babbs v. John Hancock Mutual Life Insurance Co., 507 A.2d 1347, 1349 (R.I.1986)).
Janina WACHSBERGER
v.
William PEPPER Et Al.
89-347-Appeal.
Supreme Court of Rhode Island.
Dec 6, 1990.
583 A.2d 77
James P. Flynn, North Kingstown, for plaintiff., Kelly M. Fracassa, Joseph T. Turo, Nar-done, Turo & Naccarato, Westerly, Francis A. Fox, Patrick McKenney, McKenney & Collins, Wakefield, for defendants.
Shea.
Cited by 25 opinions  |  Published

OPINION

SHEA, Justice.

This matter comes before the Supreme Court on the plaintiff’s appeal from a Superior Court order denying the plaintiff’s motion for leave to file an amended complaint. We reverse.

The case concerns an ownership dispute over an improved parcel of real estate located in Westerly, Rhode Island. In 1975 the real estate was purchased by William and Marie Pepper, defendants in this appeal. In 1978, the Peppers began experiencing financial difficulties and approached Janina Wachsberger, Mrs. Pepper’s aunt and plaintiff in this appeal, for assistance. That same year the Peppers and Wachsber-ger entered into a purchase-and-sale agreement whereby a 25 percent interest in the real estate would go to Wachsberger in return for certain monetary payments. This transfer was duly recorded in the Westerly Land Evidence Records. The Peppers retained a 50 percent interest in the real estate. The remaining 25 percent[*78] interest in the real estate was held by Helen Tenev, a codefendant in this appeal. Tenev is Mrs. Pepper’s mother and also Wachsberger’s sister.

In 1979 the Peppers executed a second purchase-and-sale agreement with Wa-chsberger, transferring their remaining 50 percent interest in the real estate to Wa-chsberger in exchange for monetary payments and her assumption of certain mortgage obligations. A warranty deed for this transfer was prepared and signed but was not to be recorded until Wachsberger completed her obligations under the agreement. In April 1980 the warranty deed was recorded in the Westerly Land Evidence Records, allegedly without the consent of the Peppers.

In October 1980 the Peppers and Tenev instituted suit against Wachsberger, claiming a breach of the 1979 purchase-and-sale agreement and a wrongful conversion of the warranty deed. Wachsberger failed to answer or personally appear to defend against the allegations contained in the complaint. Subsequent to an oral offer of proof by Mr. Pepper, the trial justice entered a default judgment against Wa-chsberger in July 1981. The default judgment granted the Peppers and Tenev compensatory and punitive damages as well as a rescission of the 1979 purchase-and-sale agreement.

There was no further legal action until January 1986, when Wachsberger filed the complaint that is the subject of this appeal. Waehsberger’s complaint sought to vacate the default judgment, to enjoin enforcement of the default judgment, and to collect damages based upon an unspecified fraud.

The Peppers and Tenev asserted that the complaint failed to state a claim upon which relief may be granted. Additionally the Peppers and Tenev claimed that Wa-chsberger was guilty of laches and excessive delay in bringing her action. In February 1989 the Peppers and Tenev filed a motion to dismiss based upon Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. Wachsberger, admitting that her complaint insufficiently pleaded the allegation of fraud, filed a motion to amend her complaint. The amended complaint attempted to specify further the fraud alleged in the original complaint in addition to making new allegations concerning Wa-chsberger's failure to answer the Peppers’ and Tenev’s prior complaint. The trial justice denied Wachsberger’s motion to amend and granted the Peppers’ and Tenev’s motion to dismiss.

On appeal Wachsberger argues that the trial justice improperly denied her motion to amend her complaint. [1] Wachsberger relies, in part, on Rule 15(a), which states in relevant part:

“Amended and supplemental pleadings. —(a) Amendments. A party may amend his or her pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within twenty (20) days after it is served. Otherwise a party may amend his or her pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.”

Although we have stated that leave to amend a pleading lies within the sound discretion of the trial justice, Babbs v. John Hancock Mutual Life Insurance Co., 507 A.2d 1347, 1349 (R.I.1986) and Ricard v. John Hancock Mutual Life Insurance Co., 113 R.I. 528, 540, 324 A.2d 671, 677 (1974), we have consistently held that Rule 15(a) liberally permits amendment absent a showing of extreme prejudice. Inleasing Corp. v. Jessup, 475 A.2d 989, 993 (R.I.1984). Our liberal interpretation of Rule 15(a) encourages the allowance of amendments in order to facilitate the resolution of disputes on their merits rather than on blind adherence to procedural technicalities. Id. at 992. The burden rests on the party opposing the motion to show it would[*79] incur substantial prejudice if the motion to amend were granted. Babbs, 507 A.2d at 1349.

The Peppers and Tenev rely upon the trial justice’s finding that Wachsberger’s delay in filing her amended complaint would substantially prejudice them. [2] This prejudice is predicated upon Wachsberger’s moving to amend her complaint more than three years after she instituted suit and only after the Peppers and Tenev filed their motion to dismiss.

We have stated before that mere delay'is an insufficient reason to deny an amendment. Inleasing Corp., 475 A.2d at 992. The trial justice must find that such delay creates substantial prejudice to the opposing party. Absent such a finding, our liberal interpretation of Rule 15(a) mandates that amendment be permitted. We have permitted amendments after a trial justice granted a motion to dismiss, Local 850, International Association of Firefighters v. Pakey, 107 R.I. 124, 265 A.2d 730 (1970), one day prior to the date upon which a case had been noticed or scheduled for trial, Mikaelian v. Drug Abuse Unit, 501 A.2d 721 (R.I.1985), and even at the completion of a trial, Wilkinson v. Vesey, 110 R.I. 606, 295 A.2d 676 (1972).

Aside from the trial justice’s misplaced reliance on delay only, there was no evidence that suggested that the Peppers and Tenev would be prejudiced by allowing Wa-chsberger to amend her complaint. The trial had not commenced, there was no allegation that witnesses were lost, and the Peppers and Tenev could not have been surprised by Wachsberger’s further specification of fraud since it was alleged in her original complaint. The Peppers and Tenev failed to carry their burden to show they would be substantially prejudiced under our decided eases; therefore, we believe the motion to amend should have been allowed.

For these reasons the plaintiff’s appeal is sustained, the judgment appealed from is vacated, and the papers of the case are remanded to the Superior Court for further proceedings.

1

. Wachsberger submits that our ruling on her appeal is dispositive of the trial justice’s granting of the Peppers’ and Tenev’s motion to dismiss. We agree.

2

. In ruling upon the motion to amend, the trial justice also found that the additional allegations in the amended complaint were unsubstantiated in the record. We maintain that the only question properly before the trial justice was the motion to amend and that the sufficiency of the amended complaint was to be determined later if questioned.