Nye v. Brousseau
Annotate this CaseIn Nye I, before final judgment entered awarding a judgment parcel to Plaintiff, Defendants transferred via quitclaim deed to their family trust a property that the judgment parcel was located within. In Nye II, the Court affirmed the denial of Plaintiff’s motion to set aside the transfer of the disputed property. In this case, Plaintiff filed a complaint alleging that the transfer of the disputed property to the trust before final judgment entered in Nye I served to render the final judgment a nullity. The superior court granted summary judgment for Defendants on Plaintiff’s negligence and fraud claims and dismissed Plaintiff’s quiet title claim on the basis that Plaintiff was ordered to, and failed to, comply with R.I. Gen. Laws 34-16-2 by submitting an abstract of title or similar report concerning the status of the title. The Supreme Court affirmed, holding that the superior court justice was correct in granting summary judgment for Defendants on Plaintiff’s fraud and negligence claims and in dismissing Plaintiff’s quiet title claim.
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