Tri-Town Construction Company, Inc. v. Commerce Park Associates 12, LLC et al.

Summary

The Rhode Island Supreme Court affirmed an order allowing Tri-Town Construction Company, a judgment creditor, to reach and apply the judgment debtor's choses in action and effectively step into the debtor's shoes in related receivership proceedings. The Court held that the debtor waived his challenge to the Superior Court's authority under Rhode Island General Laws § 9-28-1 by failing to raise that issue timely. The Court expressly declined to decide the legal correctness of the challenged order.

Holdings

1. Cambio waived appellate review of his challenge to the Superior Court's authority under § 9-28-1 because he did not raise and articulate that issue when it was presented and discussed in the Superior Court.
2. The Supreme Court affirmed without deciding whether the Superior Court's order was legally correct under § 9-28-1, because the statutory-authority issue had been waived.

Questions Presented

1. Whether the Superior Court's order authorizing Tri-Town to step into Cambio's shoes and litigate his choses in action was properly reviewable on appeal when Cambio had not timely raised that statutory-authority issue below.
2. Whether the Supreme Court should decide the legal correctness of the Superior Court's order under Rhode Island General Laws § 9-28-1.

Disposition

affirmed