Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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In her appeal, Krzak suggested that the constitutionality of § 31-44-2 nevertheless should be considered on the merits, “due to their significance and as exception ] to the ‘raise or waive’ doctrine.” The raise-or-waive doctrine and its exception — which Krzak attempted to invoke in her appeal — are not applicable to the present case, but rather the doctrine applies to circumstances in which a party’s counsel fails to raise a specific objection to an event or to evidence during trial. See, e.g., State v. Bettencourt, 723 A.2d 1101, 1107 (R.I.1999) (holding that issues that were not preserved by a specific objection at trial may not be considered on appeal). Moreover, “[w]e have indicated on more than one occasion that § 9-30-11, as a rale relating to service of process, must be followed and construed strictly.” Brown v. Samiagio, 521 A.2d 119, 121 (R.I.1987). There is absolutely no evidence that Krzak complied with the statutorily required notification of the Attorney General at any time in the course of these proceedings, including during her appeal to this Court. Consequently, we decline to consider her constitutional challenge here. Overview of § 31-44-2 Statutory Provisions

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