Arnott v. Arnott

• Court: Superior Court of Maine
• Decided: October 12, 2000
• Docket: CUMap-00-031
• Status: Unpublished

Opinion

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mee NO USPC: DOCKET NO. AP-00-031 Ger 12 10 42 AN "gg NM-Cum- io /:2) sooo

MARYJANE ARNOTT,

Plaintiff VS. DECISION AND ORDER ALAN A. ARNOTT, Boke ce te Defendant a

OCT 32 2n00 The defendant Alan Arnott appeals the divorce judgment dated 3/8/00. The defendant argues that he was denied the right to obtain evidence... voce - . The defendant contested that irreconcilable differences existed between the parties. See Interim Order dated 1/18/00 at 1; Transcript of 3/6/00 Divorce Hearing at 10. The record supports the District Court's finding of irreconcilable marital

differences. See Transcript of 3/6/00 Divorce Hearing at 14-36, 87; Mattson v.

Mattson, 376 A.2d 473, 476 (Me. 1977).

”“

Neither the Case Management Officer nor the District Court erred in denying discovery requests, which the defendant's counsel admitted were extraordinary. See Transcript of 1/12/00 Hearing before Case Management Officer at 4; Interim Order at 1-2; Transcript of 3/6/00 Divorce Hearing at 45-46; M.R. Civ. P. 80(g).

The court does not consider the defendant's argument regarding the new evidence attached to his brief.

The entry is

The Defendant's Appeal is DENIED.

The Decision of the District Court is AFFIRMED.

The case is REMANDED to the District Court for consideration of a motion by Plaintiff for counsel fees on appeal.

Dated: October 10, 2000 [deg Me

Nanty Mills Justice, Superior col,

CUM-AP-00-031

Date Filed 4-13-00 ___.____ CUMBERLAND. —-—s: Docket No. _APOQO=-31 County

Action APPEAL FROM DISTRICT COURT

MARY JANE ARNOTT ALAN A. ARNOTT

VS.

te

Plaintiff's Attorney Defendant’s Attorney

Judy Berry Esq GS Bt Alan Arnott 28 State Street ~ 27 Pinecrest Avenue Gorham, Maine 04038 Cd Windham, Maine 04062

ea

Date of sow