Almesallmy v. Lapinski

981 A.2d 1025 (R.I. 2009) · Supreme Court of Rhode Island · October 29, 2009 · No. No. 2005-182-Appeal

Summary

The Supreme Court of Rhode Island affirmed a Superior Court judgment denying Mohammed Almesallmy's breach-of-contract claim arising from automobile repairs and awarding John Lapinski damages on counterclaims. The court held that Almesallmy waived appellate review of his contract claim by initiating the matter as a small-claims action, but could appeal the judgment on Lapinski's counterclaims. It upheld the findings that Almesallmy breached the contract by stopping payment on the $200 check without justification and that Lapinski was entitled to statutory and bank-fee damages.

Holdings

  1. By filing a small-claims action in District Court, Almesallmy waived the right to appeal an adverse judgment on his own breach-of-contract claim.
  2. The Supreme Court could review the $757.07 judgment on Lapinski's counterclaims because Almesallmy was a defendant on those claims.
  3. The Superior Court's findings that a contract existed, Lapinski did not breach it, and Almesallmy breached by stopping payment without justifiable cause were not clearly wrong and did not overlook material evidence.
  4. Lapinski was entitled to judgment under Rhode Island General Laws § 6-42-3 because Almesallmy dishonored the $200 check without a justifiable reason.

Questions Presented

  1. Whether Almesallmy could appeal the adverse judgment on his own breach-of-contract claim after initiating the matter as a small-claims action.
  2. Whether the Superior Court's findings that a contract existed, Lapinski performed without breaching, and Almesallmy breached by stopping payment were clearly wrong or based on overlooked material evidence.
  3. Whether Lapinski was entitled to statutory damages under Rhode Island General Laws § 6-42-3 for Almesallmy's dishonored check.

Disposition

affirmed

Cases Cited (2)

  • Carpenter v. Hanslin, 900 A.2d 1136, 1141 (R.I. 2006)(followed)
  • Burke-Tarr Co. v. Ferland Corp., 724 A.2d 1014, 1018 (R.I. 1999)(followed)

Cited In (0)

No citing cases on record yet.

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