Justia Maine Supreme Court Opinion Summaries
Estate of Jack R. Pirozzolo v. Department of Marine Resources
Certain property owners in the vicinity of a proposed lease site (“the Neighbors”) brought a Me. R. Civ. P. 80C appeal from a judgment of the superior court that affirmed in part and vacated in part a decision of the Department of Marine resources granting Joseph Porada a limited purpose aquaculture lease to farm oysters and quahogs in Morgan Bay in Surry. The superior court vacated the decision insofar as it granted Porada a lease covering four acres and remanded the matter to the Department to reduce the area of the site from four to two acres. The superior court also dismissed as duplicative several independent claims for declaratory relief brought with the appeal. The Supreme Judicial Court dismissed the appeal, holding that the judgment was not final. View "Estate of Jack R. Pirozzolo v. Department of Marine Resources" on Justia Law
Posted in:
Civil Procedure, Government & Administrative Law
Neri v. Heilig
Kimberly Heilig appealed from a judgment of the district court divorcing her from Ernest Neri, dividing the parties’ assets, ordering Neri to pay Heilig’s spousal support for three years, and ordering Neri to pay $2,000 toward Heilig’s attorney fees. The Supreme Judicial Court affirmed, holding that the district court (1) did not clearly err in finding that real estate purchased by Neri during the marriage was nonmarital property; (2) did not abuse its discretion in calculating Heilig’s spousal support award; and (3) did not abuse its discretion by awarding Heilig a lesser amount of legal fees than she requested. View "Neri v. Heilig" on Justia Law
Posted in:
Family Law
MTGLQ Investors, L.P. v. Alley
Linda Shelley executed a note in favor of First Magnus Financial Corporation. On the same day, Linda and John Shelley executed a mortgage on certain property as security for the loan. The note was endorsed in blank and was eventually held by MTGLQ Investors, L.P. John and Linda later deed the property to Shelley Alley. After Linda died, the note went into default. Wells Fargo Bank, N.A. filed a foreclosure complaint, naming John Shelley as the defendant and Alley as a party in interest. The trial court entered a judgment of foreclosure in favor of MTGLQ. The Supreme Judicial Court held that the debtor - presumably, the Estate of Linda Shelley - was a necessary party to this foreclosure action. Because the debtor was not named as a party in this matter, and court vacated the judgment of foreclosure and remanded with instructions to dismiss the matter without prejudice. View "MTGLQ Investors, L.P. v. Alley" on Justia Law
Posted in:
Banking, Real Estate & Property Law
State v. Cummings
The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of murder, burglary of a dwelling, and theft. The judgment of conviction was entered after a trial in which the State presented the murder charge on alternative theories - intentional or knowing murder and depraved indifference murder. The Supreme Judicial Court held (1) there was sufficient evidence for the jury to find that Defendant was the person who caused the victim’s death; and (2) depraved indifference murder was properly submitted to the jury as an alternative to intentional or knowing murder, and the evidence was sufficient to support any of the alternative theories of murder. View "State v. Cummings" on Justia Law
Posted in:
Criminal Law
Mills v. Fleming
Mother appealed from a judgment of divorce entered in the district court, arguing that the provision requiring each parent to transport, or allow the other parent to transport, the parties’ children to extracurricular activities violated her constitutionally-protected liberty interest in the care, custody, and control of her children. The provision was entered after a dispute between the parents over the children’s level of involvement in a developmental soccer league. The Supreme Judicial Court affirmed, holding (1) a court order that allows one parent to make the decision on a disputed child-related issue does not violate the constitutional rights of either parent; and (2) the court did not abuse its discretion in finding that continued participation in soccer was in each child’s best interest, or in ordering the default transportation provision. View "Mills v. Fleming" on Justia Law
Posted in:
Constitutional Law, Family Law
Beckerman v. Conant
The superior court did not err in finding that Peter Beckerman had a deeded right-of-way over property owned by Ricky and Monica Conant and that the right-of-way was located over the Conants’ paved driveway. The Supreme Court affirmed the judgment of the superior court, holding (1) the trial court did not err in determining that the language of the 1978 deed was ambiguous, with the ambiguity resolvable by concluding that the deed conferred a right-of-way across the Conants’ property; and (2) the trial court did not err when it determined that the deeded right-of-way was over the existing paved driveway on the Conant lot. View "Beckerman v. Conant" on Justia Law
Posted in:
Real Estate & Property Law
Wallace v. State Farm Mutual Automobile Insurance Co.
The Supreme Judicial Court affirmed the judgment of the superior court finding that the tortfeasor who injured Appellants in a motor vehicle accident was not an underinsured driver pursuant to Maine’s underinsured motorist (UM) statute, and therefore, there was no gap in coverage requiring State Farm Mutual Automobile Insurance Company to pay UM benefits under two policies issued to Appellants. The court held that because Appellants recovered far more from the tortfeasor’s insurers than the maximum amount of UM coverage provided by the State Farm policies, they surpassed the same recovery that would have been available had the tortfeasor been insured to the same extent. Therefore, there was no UM gap that State Farm was responsible to cover. View "Wallace v. State Farm Mutual Automobile Insurance Co." on Justia Law
Posted in:
Insurance Law, Personal Injury
Portfolio Recovery Associates, LLC v. Bickford
The district court did not err in finding that Portfolio Recovery Associates, LLC (PRA) had met its burden of proof and by admitting PRA’s exhibits into evidence. The district court entered judgment in a small claims proceeding finding Max Bickford liable on debt that PRA had purchased from a prior creditor. The superior court affirmed. The Supreme Judicial Court affirmed, holding (1) the district court did not err by finding that PRA had met its burden of proof to establish its ownership of Bickford’s debt; and (2) the district court did not err by admitting PRA’s affidavits into evidence where the affidavits and other documents fell within the general grant of admissibility created in Maine Rules of Small Claims Procedure rule 6(b) and where none of that rule’s grounds for exclusion applied in this case. View "Portfolio Recovery Associates, LLC v. Bickford" on Justia Law
Posted in:
Civil Procedure, Contracts
Gessner v. State
The Supreme Judicial Court affirmed the judgment of the superior court denying Mark Gessner’s petition for release from the Riverview Psychiatric Center. On appeal, Gessner argued that the statute governing his opportunity for release from institutional inpatient residency, Me. Rev. Stat. 15, 104-A, was unconstitutionally vague as applied to him. Because Gessner did not raise the vagueness issue to the trial court, the Supreme Judicial Court reviewed for obvious error. The court held (1) considering Gessner’s history of mental illness and violence and his refusal to acknowledge his mental illness or to participate in treatment, the statute’s terms were not unconstitutionally vague for purposes of addressing the individual circumstances at issue in this case; and (2) therefore, Gessner failed to meet his burden of demonstrating that the court committed obvious error. View "Gessner v. State" on Justia Law
Goodwill v. Beaulieu
The Supreme Judicial Court affirmed the judgment of the district court finding Brian Beaulieu Jr. liable to Greg and Victoria Goodwill for having made fraudulent and negligent misrepresentations about certain amenities in a house that he sold to them and awarding damages. On appeal, Beaulieu asserted that, pursuant to Me. Rev. Stat. 14, 163, he was entitled to a setoff against the amount of damages he was ordered to pay based on the Goodwills’ settlement with the real estate agency that listed his house. The Supreme Judicial Court disagreed, holding that the district court did not err by declining to reduce the damage award by the amount of the settlement between the Goodwills and the real estate agency that listed Beaulieu’s house because Beaulieu was not entitled to the setoff as a matter of law. View "Goodwill v. Beaulieu" on Justia Law
Posted in:
Personal Injury, Real Estate & Property Law