McCall v. Saunders
McCall v. Saunders
Opinion of the Court
The plaintiff is appealing from an order entered by the Superior Court. The order directed that the plaintiff may be removed from office as Chief of Police of the town of East Greenwich by an affirmative vote of a majority (2 members) of the 3-member quorum of the Town Council hearing the matter. The town manager subsequently
After hearing counsel, we determined that the order of the Superior Court was interlocutory and therefore not appeal-able. See Town of Lincoln v. Cournoyer,_R.I._, 375 A.2d 410 (1977); Redfern v. Church of Mediator in Providence, 101 R.I. 182, 221 A.2d 453 (1966). Nor does this case come within the exceptions allowed under the doctrine of McAuslan v. McAuslan, 34 R.I. 462, 83 A. 837 (1912). Therefore, the plaintiffs appeal is dismissed without prejudice. The plaintiff may raise this point on appeal from a final judgment of the Superior Court in the event that such final judgment is adverse to the plaintiff.
Reference
- Full Case Name
- Alfred McCall v. Albert Saunders
- Status
- Published