Supreme Court
N o. 2013

- 302

- Appeal. ( KC 12

- 1096 )

William J. Nye :

v. : Susan J. Brousseau et al. :

NOTICE : This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Sup reme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone 2 22

- 3258 of any typographical or other formal errors in order that corrections may be made before the opinion is published.- 1

- Supreme Court
N o. 2013

- 302

- Appeal. ( KC 12

- 1096 )

William J. Nye :

v. : Susan J. Brousseau et al. :

Pre sent: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia , JJ.

O P I N I O N
Justice Goldberg , for the Court. This case ca me befo re the Supreme Court on
October 30, 2014, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. The plaintiff, William J. Nye ( plaintiff) , appeals pro se from a Sup erior Court judgment dismissing the plaintiff’s quiet title
claim and granting summary judgment in favor of the defendants

— Susan J. Brousseau , individually and as trustee , Paul G. Brousseau , individually and as trustee (the Bro u sseaus) , and
The Brousseau F amily Trust (collectively, defendants)

— on the plaintiff’s claims for negligence
and fraud. Additionally, the plaintiff appeals the dismissal of his claim to quiet title. Having
considered the arguments advanced by the parties , we are satisfied that cause has not been shown and that the appeal may be decided at this time. For th e reasons set forth below, we affirm the judgment of the Superior Court.
Facts and Travel This case is the parties’ third appearance before this Court in less than five years . The
details of their affairs have twice been set forth by this Court in Nye v. Brousseau , 992 A.2d- 2

- 1002 (R.I. 2010) ( Nye I ) and Nye v. Brousseau , 47 A.3d 335 (R.I. 2012) (mem.) ( Nye II ). Accordingly, we shall endeavor to confine our recitation of the facts. At the center of the dispute is a 325.59

- square
- foot parcel (judgment parcel) that was awarded to plaintiff and described in the amended final judgment that entered in Nye I , 992 A.2d
at 1010. However, shortly before final judgment entered in Nye I , the B rousseaus transferred , by quitclaim deed , property located at 265 Tiffany Avenue in Warwick ( the Brousseau Property) to The Brousseau Family Trust (the trust) . The judgment parcel is located within the described Brousseau Property and abuts plaintiff’s pr operty

. Five months after this Court’s order in Nye II

— in which the denial of plaintiff’s motion to set aside the transfer of the Brousseau Property to the trust was affirmed

— plaintiff filed a complaint in this case, alleging : (1) “Quiet Title”; (2) “Neg ligence”; and (3) “Fraud

. ” The

p laintiff argued that the transfer of the Brousseau Property to the trust via quitclaim deed , before final judgment entered in Nye I , served to render the final judgment a nullity. He is mistaken. In this case, d efendants admitted that all right, title, and ownership in the judgment parcel belongs to plaintif f , and this judicial admission is binding

. The defendants moved for summary judgment on all counts , and o n July 10, 2013, a Superior Court justice i ssued a written de cision denying summary judgment on c ount one

— quiet title

— but granting summary judgment in favor
of defendants on counts two and three. As to the quiet

- title count, the trial justice concluded that
“an abstract of the title * * * or any similar report con cerning the status of the title from a reputable source, as specified under [G.L. 1956] § 34

- 16

- 2 [,] ” was “[n]oticea bly absent” from the court file; and , thus, a genuine issue of material fact may exist which precluded the entry of summary judgment. The S uperior Court justice then concluded that “[p]laintiff must first comply with the mandate of § 34

- 16

- 2 before this [c]ourt may adjudicate [p]laintiff’s quiet title- 3

- action on the merits.” On count two, he determined that the facts did not demonstrate that defendants owed a duty, that defendants breached a duty, or that any cognizable harm from such
a breach existed . With respect to count three , alleging fraud , it was determined that no evidence existed which demonstrated that defendants made any false repr esentations to plaintiff. Furthermore, the court determined that plaintiff’s claim of fraud on the court was not supported by competent evidence. On August 16, 2013, an order entered that granted defendants’ motion to compel plaintiff to comply with § 34

- 16

- 2. 1 The order required plaintiff to submit the name of a title company or attorney to complete an abstract within thirty days for approval by the court , and then, after approval by the court, an additional thirty days for the title company or attorney to submit a title
abstract to the court. The plaintiff failed to comply with this order. On September 17, 2013, defendant s filed a motion to dismiss count one based on plaintiff’s failure to comply with the August 16 order and plaintiff’s prior stateme nt that he
disavowed any claim based upon § 34

- 16

- 2

. On October 28, 2013, the motion to dismiss was
heard before a different justice of the Superior Court , and plaintiff continued to advance that count one was unrelated to any claim under § 34

- 16

- 2 of the General Laws. The Superior Court

1 General Laws 1956 § 34

- 16

- 2 provides: “Upon filing his or her complaint, the plaintiff shall thereafter, at his or her own cost, select, with the approval of the court, a title company or an attorney familiar with the examination of land titles, which company or attorney s hall proceed to examine the title to the real estate described in the complaint, and when the examination is completed, shall deposit an abstract of title to the real estate in the court, together with a report of the status of the title and a list of the parties found interested therein, and who should, in the opinion of the company or attorney, be made parties to the action. Upon receipt of the abstract and report, the court shall order all persons not parties to the action but found by it to be necessary to the cause to be made parties defendant and shall order notice to be given to those defendants. ”- 4

- justice determined that plaintiff was ordered to , and failed to, comply with § 34

- 16

- 2 ; and , thus, she dismissed count one and entered final judgment. The plaintiff timely appeal ed to this Court. 2 Analysis Initially, w e conclude that the Superior Court justice was correct in granting summary judgment for defendants on counts two and three. The plaintiff utterly failed to set forth any theory that evidenced that defendants owed him a duty to report the transfer of the p roperty. Furthermore, no evidence was set forth by plaintiff demonstrating that defendants ma de false representations to him or that defendants perpetrated any fraud upon the court. In the absence of material factual disputes, combined with the determina tion that defendants are entitled to judgment as a matter of law, we affirm the judgment of the Superior Court. See Moore v. Rhode Island Board of Governors for Higher Education , 18 A.3d 541, 544 (R.I. 2011) (citing Berman v.
Sitrin , 991 A.2d 1038, 1043 ( R.I. 2010)). Turning next to the heart of plaintiff’s rambling and confusing argument, we similarly conclude that the Superior Court justice was correct in dismissing count one. The plaintiff was required to retain a professional title examiner to prep are a title abstract pursuant to the August 16, 2013 order of the Superior Court

. A necessary component to a claim to quiet title on
property under § 34

- 16

- 2 is a record showing that title is held by someone other than the claimant. The p laintiff’s subje ctive belief that his claim was for some undefined relief and not
an action to q uiet title does not negate the fact that his complaint sought to quiet title to the judgment parcel . Accordingly, it was proper for the Superior Court justice to order him to obtain an abstract. By electing to disregard this order, plaintiff risked dismissal of the claim. W e are

2 Although plaintiff prematurely filed a notice of appeal on August 20, 2013, fi nal judgment eventually entered; and , accordingly, we considered it ultimate ly sufficient to consider the issues before us. See Toegemann v. City of Providence , 21 A.3d 384, 386 n.3 (R.I. 2011).- 5

- satisfied that the court properly exercised its discretion in dismissing count one. See Rule 41(b)(2) of the Superior Court Rules of Civil Procedure (“ On motion of the defendant the court may, in its discretion, dismiss any action for failure of the plaintiff to comply with these rules or any order of court * * * .”); see also Conti v. Hines , 659 A.2d 117, 118 (R.I. 1995) (dismissing quiet

- title action for failure to obtain title abstract). Before concluding this saga, we pause to note that the Brousseaus have been forced to defend against two dubious Superior Court actions. This case is put to rest . A ny further litigation undertaken by the plaintiff against these defendants risks the imposition of sanctions and attorney ’s fees.
Conclusion For the reasons set forth above, we affirm the judgment of the Superior Court . The papers in this case may be returned to the Superior Court.

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### Clerk’s Office Order/O pinion Cover Sheet

TITLE OF CASE: William J. Nye v. Susan J. Brousseau et al.
CASE NO : No. 20 1 3

- 302

- Appeal. ( KC 12

- 1096 )
CO URT: Supreme Court
DATE OPINION FILED: November 19 , 2014
JUSTICES: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia , JJ.
WRITTEN BY: Associate Justice Maureen McKenna Goldberg
SOURCE OF APPEAL: Kent County Superior Court
JUDGE FROM LOWER COUR T : Associate Justice Stephen P. Nugent
Associate Justice Allen P. Rubine
Associate Justice Sarah Taft

- Carter
ATTORNEYS ON APPEAL :
For Plaintiff : W illiam J. Nye , Pro Se
For Defendants : Michael D. Coleman , Esq.