Alden v. Iffert

• Court: Superior Court of Maine
• Decided: May 6, 2022
• Docket: CUMcv-21-330
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION DOCKET NO. CV-21-330 /

JAMES H. ALDEN,

Plaintiff

v.

WILLIAM J. IFFERT and GAIL A. CUOMO,

Defendants

Defendants filed a motion to dissolve the temporary restraining order, which was granted

without notice based on plaintiff's representations filed under oath. Based on defendants' response

and counsel's representations in the motion to dissolve (Mot. at 1-2), several of plaintiff's

representations were unsupported. Plaintiff filed no response to the defendants' motion to

dissolve.

In its order granting the motion to dissolve, the court requested an affidavit of attorney's

fees incurred by defendants in filing the motion to dissolve. See Baker v. Manter, 2001 ME 26,,

14,765 A.2d 583. Defendant's filed an affidavit outlining reasonable fees incurred in responding

to plaintiff's motion. See Brandis v. Brandis, 489 A.2d 1110, 1112 (Me. 1985) ("It should be clear

to the Bar by this time that an award of attorney's fees will not survive a challenge in the absence

of at least an affidavit attesting to the defendant's fee arrangement with her lawyer, counsel's

customary hourly rate, and other such facts necessary to allow the court to make a valid calculation

as to what amounts to reasonable counsel fees."); see also Department of Human Services v. Hulit,

524 A.2d 1212, 1216 (Me. 1987); Poussard v. Commercial Credit Plan, Inc., 479 A.2d 881, 884

(Me. 1984).

I The entry is

Within 30 days of the date of this order, plaintiff shall pay to the firm of Ainsworth, Thelin

& Raftice the sum of $1,866.75 as reimbursement for rea nable attorney's fees incurred by

' Date: May 6, 2022 Nancy Mills Active Retired Judge