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Supreme Court No. 2009-362-Appeal. (PC 90-7951)

Michael P. Trainor v. Paul Grieder.

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NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone 2223258 of any typographical or other formal errors in order that corrections may be made before the opinion is published.

Supreme Court No. 2009-362-Appeal. (PC 90-7951) Michael P. Trainor v. Paul Grieder. : : :

Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ. OPINION Justice Robinson for the Court. The defendant, Paul Grieder, appeals from the entry of three orders of the Superior Court. 1 On appeal, the defendant contends (1) that the "Superior Court lacked subject matter jurisdiction over [the defendant]" because there was no "return of an unsatisfied execution;" (2) that "void jurisdiction procured by void process cannot be waived;" and (3) that the defendant "has already been unlawfully incarcerated/imprisoned" in violation of his state and federal constitutional rights. This case came before the Supreme Court for oral argument pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the record, the memoranda submitted by the parties, and the oral arguments of counsel, we are satisfied that this appeal may be decided without further briefing or argument. For the reasons set forth in this opinion, we affirm the orders of the Superior Court.

The defendant appeals from the following three orders: (1) an April 15, 2009 order denying defendant's motion to dismiss for lack of subject matter jurisdiction; (2) an April 15, 2009 order denying "the Motion of the Defendant to limit the authority of this Honorable Court to incarcerate Defendant due to his failure to make certain monthly payments to the Plaintiff;" and (3) an April 27, 2009 order denying "the Defendant's Motion to Reduce or Suspend." -1-

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I Facts and Travel The instant appeal is the most recent chapter in the regrettable saga which began when defendant assaulted plaintiff, Michael P. Trainor, in July of 1988. 2 See Trainor v. Grieder, 925 A.2d 243, 243 (R.I. 2007). On April 23, 1990, defendant pled nolo contendere to one count of simple assault and battery and one count of felony assault. Id. Thereafter, plaintiff commenced a civil action against defendant in the Superior Court for Providence County, wherein he sought damages for the injuries that he incurred as a result of that assault. In 1992, judgment entered in plaintiff's favor in the amount of $1.5 million, plus interest and costs. Since that time plaintiff has relentlessly pursued defendant, with little success, in an attempt to recover from defendant his due. The defendant's most recent attempt to keep plaintiff at bay centers around the undisputed fact that there was no return of the execution on the judgment. See G.L. 1956

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