Malinou v. NeriAnnotate this Case
The Supreme Court affirmed the judgment of the superior court dismissing Plaintiff’s probate court appeals for his failure to comply with several court orders, holding that the superior court justice properly exercised his discretion in dismissing Plaintiff’s appeals.
Ostensibly acting as successor executor for the wills of two former clients, Appellant challenged probate court orders relating to guardianship decrees. The superior court dismissed Appellant’s five probate court appeals for Appellant’s failure to comply with the court’s orders. The Supreme Court affirmed, holding (1) the superior court justice did not abuse his discretion; and (2) because Appellant’s representations to the probate courts, the superior court, and the Supreme Court were not as forthcoming as the rules of procedure require, the case is remanded to allow Defendants an opportunity to file a motion for sanctions if they so choose.