RI Supreme Court overturns denial of Motion to Withdraw

The Rhode Island Supreme Court issued an opinion today in Stafford J. King III v. NAIAD Inflatables of Newport, Inc., No. 09-141 (December 14, 2010) wherein the Court overturned a Motion Justice’s decision that denied counsel’s motion to withdraw that was filed on the eve of trial.

The court wrote the following regarding Duffy, Sweeney and Scott’s appeal:

In view of the legitimate concerns and hardships raised by D&S, we believe that the hearing justice placed too much emphasis on maintaining the trial date, overstated the adverse impact on the clients, and did not adequately consider the unreasonable financial burden that would befall D&S.

For the reasons stated above, the Superior Court order on February 6, 2009, denying counsel’s motion to withdraw, is reversed. This case is remanded to the trial court for the entry of an order granting the motion to withdraw.

The RI Bar Association and the RI Association for Justice filed amicus briefs in support of the appellant in this matter.


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