Paradis v. Heritage Loan and Investment Company
Paradis v. Heritage Loan and Investment Company
Opinion of the Court
ORDER
This case came before the court for oral argument November 3,1997 on the appeal of Antonio Caliri (Caliri) from a judgment entered in the Superior Court denying his ob
Counsel for Caliri conceded at oral argument that Ernst & Young at no time performed accounting services or auditing services for Heritage. Nevertheless, Caliri argues that the release must have some value since Ernst & Young requires it as a condition of the settlement. It should be noted that all other receivers of failed financial institutions have also agreed to give releases to Ernst & Young.
It is undisputed that Caliri was an off-line depositor in Heritage and nevertheless received the full principal amount of his deposit together with pre-receivership interest thereon. These moneys were paid to Caliri by DEPCO. In addition to the payments already made, Caliri is seeking post-receivership interest.
This court has already determined that no depositors of Heritage are entitled to post-receivership interest. See Paradis v. Heritage Loan and Investment Company, 693 A.2d 1036, 1037 (R.I. 1997). In that ease, we affirmed a decision by a justice of the Superior Court that no interest should be awarded to Heritage depositors after November 19, 1990 pursuant to an order entered by Justice Krause on June 22, 1992. Id. at 1037. This was the unappealed final order approving the sale and transfer of Heritage assets to DEP-CO.
We also take note of the order entered in the Superior Court on December 11, 1996 that Caliri is not entitled to any interest payment from DEPCO. His suggestion that the receiver of Heritage should seek a payment from DEPCO in order to satisfy a nonexistent claim against Ernst & Young as a condition of filing a release in order to implement the settlement between DEPCO and Ernst & Young is frivolous.
Consequently, the appeal of Caliri is denied and dismissed. The denial of his objection by the Superior Court is affirmed.
Reference
- Full Case Name
- Maurice C. Paradis, Director of the Department of Business Regulation of the State of Rhode Island v. Heritage Loan and Investment Company. in Re Claim of Antonio Caliri.
- Status
- Published