(a)(1) Any person aggrieved by the entry of a decree by a trial judge may appeal to the appellate
division established pursuant to this section by filing with the court within five
(5) days of the date of the entry of a decree, exclusive of Saturdays, Sundays, and
holidays, a claim of appeal and, subject to the rules of practice of the court, by
filing a request for a transcript of the testimony and ruling or any part thereof
desired.
(2) Upon a showing of excusable neglect, the trial judge who entered the decree may extend
the time for filing the claim of appeal by any party, for a period not to exceed thirty
(30) days from the expiration of the original time prescribed by this section. The
request for extension shall be made by motion directed to the trial judge with such
notice as the court shall deem appropriate. Such an extension may be granted, before
or after the time otherwise prescribed by this section.
(3) Within any time that a judge shall fix, either by an original fixing or otherwise,
the appellant shall file with the court reasons of appeal stating specifically all
matters determined adversely to the appellant that the appellant desires to appeal,
together with so much of the transcript of testimony and rulings as the appellant
deems pertinent, and within ten (10) days after that the parties may file with the
court those briefs and memoranda that they may desire concerning the appeal.
(4)(A) The chief judge shall appoint appellate panels of three (3) members of the court to
hear any claim of appeal and the decision of the appellate panel shall be binding
on the court.
(B) The three (3) members of the appellate panel shall immediately review the decree upon
the record of the case and shall file a decision pursuant to the law and the fair
preponderance of the evidence within ten (10) days of the expiration of the time within
which the parties may file briefs and memoranda. Upon consideration of the appeal,
the appellate panel shall affirm, reverse, or modify the decree appealed from, and
may itself take any further proceedings that are just, or may remand the matter to
the trial judge for further consideration of any factual issue that the appellate
division may raise, including the taking of additional evidence or testimony by the
trial judge. It shall be within the prerogative of the appellate panel to remand a
matter to the trial judge.
(C) If the decision requires the entry of a new decree, notice shall be given the parties,
and the new decree shall be entered in the same manner as the original decree, but
if the decision of two (2) appellate panel judges does not require the entry of a
new decree, the decree shall be affirmed.
(5) Any member of the appellate panel may, for cause, disqualify himself or herself from
hearing any appeal that may come before the appellate panel.
(b) The findings of the trial judge on factual matters shall be final unless an appellate
panel finds them to be clearly erroneous. The court may award costs, including reasonable
attorney’s fees, to the prevailing party when the appellate panel finds there was
complete absence of a justiciable issue of either law or fact.
Notes of Decisions
Impulse Packaging, Inc. v. Sicajan, 869 A.2d 593 (R.I. 2005).
· cites it 10× “It found that Sicajan’s reasons of appeal, despite the accompanying memorandum, did not satisfy the requirements of § 28-35-28. The court denied and dismissed petitioner’s appeals, finding that her memorandum “cannot be considered an addendum to the reasons of appeal in order to…”
Beauchesne v. David London & Co., 375 A.2d 920 (R.I. 1977).
· cites it 3× “Section 28-35-28 states that within the time fixed by the trial commissioner the appellant shall file reasons of appeal with the commission, 3 together with so much of the transcript as he deems pertinent.”
Callaghan v. Rhode Island Occupational Info. Coordinating Comm., 704 A.2d 740 (R.I. 1997).
· cites it 4× “Of particular importance in the case before us is the fact that the Appellate Division’s express authority to affirm, to reverse, to modify the decree appealed from, and to “itself take such further proceedings as just” was introduced into § 28-35-28 in 1990, by P.L.1990, ch.…”
Bissonnette v. Fed. Dairy Co., Inc., 472 A.2d 1223 (R.I. 1984).
· cites it 4× “First, the commission found that employee’s reasons for appeal were totally without merit in that they were not set forth with the particularity required by § 28-35-28. 1 Second, the commission found that employee failed to meet his burden of proving that his participation in…”
Env't Sci. Corp. v. Durfee, 621 A.2d 200 (R.I. 1993).
“1956 (1986 Reenactment) § 28-35-28, as amended by P.L. 1990, ch. 332, art.”
Davol, Inc. v. Aguiar, 463 A.2d 170 (R.I. 1983).
· cites it 2× “Section 28-35-28 states that the commission shall “review the decree upon the record of the case and shall file a decision pursuant to the law and the fair preponderance of the evidence.”
Eaton v. Sealol, Inc., 447 A.2d 1147 (R.I. 1982).
· cites it 3× “In his appeal from this ruling, Eaton claims that the commission erroneously interpreted the phrase “the effective date of the order.”
Coletta v. Leviton Mfg. Co., 437 A.2d 1380 (R.I. 1981).
· cites it 2× “General Laws 1956 (1979 Reenactment) § 28-35-28 governs the appellate commission when it reviews a trial commissioner’s decree.”
Mulcahey v. New England Newspapers, Inc., 488 A.2d 681 (R.I. 1985).
· cites it 2× “) purports to give the appellate commission the ability to reject factual findings made by a trial commissioner de novo, the commission, before disturbing findings based on credibility determinations, must first find that the trial commissioner was clearly wrong either because…”
Lavoie v. Victor Elec., 732 A.2d 52 (R.I. 1999).
· cites it 4× “Upon consideration of the evidence presented at trial, the trial judge found: “That on July 8, 1996, the petitioner sustained a recurrence of the effects of his work-related November 22, 1989 injury [and] * * * as a result of said recurrence, the petitioner has become totally…”
State v. Hurley, 490 A.2d 979 (R.I. 1985).
· cites it 3× “Initially, we note that the appellate commission generally may not consider an issue unless that issue is properly raised on appeal by the party seeking review. Bissonnette v. Federal Dairy Co., R.”
Lambert v. Stanley-Bostitch, Inc., 723 A.2d 777 (R.I. 1999).
· cites it 4× “Moreover, the authority delineated in G.L.1956 § 28-35-28 allows the Appellate Division “[u]pon consideration of the appeal * * * [to] affirm, reverse, or modify the decree appealed from, and may itself take such further proceedings as just.”
— R.I. Gen. Laws § 28-35-28(a) — 4 cases
Impulse Packaging, Inc. v. Sicajan, 869 A.2d 593 (R.I. 2005).
“It found that Sicajan’s reasons of appeal, despite the accompanying memorandum, did not satisfy the requirements of § 28-35-28. The court denied and dismissed petitioner’s appeals, finding that her memorandum “cannot be considered an addendum to the reasons of appeal in order to…”
Callaghan v. Rhode Island Occupational Info. Coordinating Comm., 704 A.2d 740 (R.I. 1997).
“Of particular importance in the case before us is the fact that the Appellate Division’s express authority to affirm, to reverse, to modify the decree appealed from, and to “itself take such further proceedings as just” was introduced into § 28-35-28 in 1990, by P.L.1990, ch.…”
— R.I. Gen. Laws § 28-35-28(b) — 6 cases
Lavoie v. Victor Elec., 732 A.2d 52 (R.I. 1999).
“Upon consideration of the evidence presented at trial, the trial judge found: “That on July 8, 1996, the petitioner sustained a recurrence of the effects of his work-related November 22, 1989 injury [and] * * * as a result of said recurrence, the petitioner has become totally…”
Lambert v. Stanley-Bostitch, Inc., 723 A.2d 777 (R.I. 1999).
“Moreover, the authority delineated in G.L.1956 § 28-35-28 allows the Appellate Division “[u]pon consideration of the appeal * * * [to] affirm, reverse, or modify the decree appealed from, and may itself take such further proceedings as just.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.