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DARCY v. CARREIRO

No. 1824-M.P.

311 A.2d 841 (1973)

Gail DARCY et al. v. Thomas G. CARREIRO.

Supreme Court of Rhode Island.

November 27, 1973.

Attorney(s) appearing for the Case

Gerard P. Cobleigh, Warwick, for petitioners.

Sheffield & Harvey, Brian G. Bardorf, William R. Harvey, Newport, for respondent.

OPINION

JOSLIN, Justice.

The sole question posited by this petition for a writ of certiorari is whether the running of the one-year limitations period of Super. R. Civ. P. 60(b)(4)1 barred the Superior Court from granting a motion to vacate a default judgment which is void because process was not served as required by Rule 4(d)(1). That question was specifically left open when we decided Lamarche v. Lamarche, 108 R.I. 213, 218...

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