Bennett v. Steliga
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The Supreme Court affirmed in part and vacated in part the judgment of the superior court in favor of Plaintiffs following the court's grant of summary judgment on counts one (declaratory judgment) and three (anticipatory repudiation) of the complaint, holding that the grants of specific performance and attorneys' fees were improper.
After a real estate action soured, Plaintiffs filed a complaint alleging eight counts. On summary judgment, the hearing justice granted a declaratory judgment for Plaintiffs, entered summary judgment for them on their anticipatory repudiation claim, ordered specific performance, and awarded attorney fees. The Supreme Court vacated the judgment in part, holding (1) the hearing justice's grant of specific performance was premature; and (2) Plaintiff raised justiciable issues of fact that impelled this Court to reverse the award of attorneys' fees.
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