§ 33-23-13. Discontinuance of appeal.
The party taking an appeal from an order or decree of a probate court may, at any time, discontinue the appeal in the manner provided for the discontinuance of proceedings in the superior court; and upon presentation to the probate court of a certificate of the discontinuance from the clerk of the superior court having jurisdiction of the appeal, the appeal shall then be entered on the record of the probate court as discontinued; and the suspension of the operation of the order or decree appealed from, provided in § 33-23-2, shall then cease, and the original order or decree shall then take effect as if an appeal had not been taken.
History of Section.C.P.A. 1905, § 802; G.L. 1909, ch. 311, § 7; G.L. 1923, ch. 362, § 7; G.L. 1938, ch. 573, § 7; G.L. 1956, § 33-23-13; P.L. 1996, ch. 110, § 13.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions
Section 33-23-1. - Filing of claim of appeal, record, and reasons.
Section 33-23-2. - Suspension of order or decree pending appeal.
Section 33-23-3. - Effect of appeal from granting of letters.
Section 33-23-4. - Sale of tangible personal property pending appeal.
Section 33-23-5. - Sale of personalty in general pending appeal.
Section 33-23-6. - Powers over real estate pending appeal.
Section 33-23-7. - Transfer of estate pending appeal from decree removing fiduciary.
Section 33-23-8. - Notice of appeal.
Section 33-23-9. - Assignment day.
Section 33-23-10. - Assignment for hearing.
Section 33-23-11. - Failure to file appeal claimed.
Section 33-23-13. - Discontinuance of appeal.
Section 33-23-14. - Modification of decrees after discontinuance of appeal.
Section 33-23-15. - Want of jurisdiction — Amendments to supply defects.
Section 33-23-16. - Correction of want of notice.
Section 33-23-17. - Consolidation of appeals — Addition of parties.
Section 33-23-18. - Affirmance, reversal, or entry of new decree.
Section 33-23-19. - Transmission of final decree to probate court.
Section 33-23-20. - Conclusiveness of advice or direction of probate court.