Civil practice Indispensable parties Service.

Byline: R.I. Lawyers Weekly Staff

Where a complaint concerning the propriety of a foreclosure was dismissed for failure to serve all indispensable parties, the dismissal should be without prejudice.

"On April 11, 2018, plaintiff filed a motion, pro se, for a temporary restraining order, mandatory injunctive relief, and declaratory relief. DLJ Mortgage Capital filed an objection to the motion based on plaintiff's failure to serve the summons and complaint upon the other three defendants, Residential Credit Solutions, Inc.; FV REO I, LLC; and Franklin Venture, LLC.

"On appeal, plaintiff argues that the hearing justice erred (1) when she failed to provide plaintiff with an adequate opportunity or time to respond to her failure to serve process on indispensable parties and (2) when she held that defendants Residential Credit Solutions, Inc.; FV REO I, LLC; and Franklin Venture, LLC, are indispensable parties.

"We note at the outset that, even though plaintiff has submitted a memorandum of law to this Court, she has not provided this Court with any meaningful discussion of the issues raised on appeal, as required by Article I, Rule 12A of the Supreme Court Rules of Appellate Procedure. The plaintiff's Rule 12A statement includes only the most cursory explanation of these issues. Further, plaintiff, despite having been provided with proper notice, failed to appear at oral argument to explain or account for any deficiencies in her Rule 12A statement. This failure to meaningfully discuss the issues raised on appeal, either in writing or orally, is fatal to plaintiff's appeal. Without the benefit of any meaningful discussion, we therefore consider plaintiff's arguments to be waived.

"We pause to observe that...