Autowerks Maine, Inc. v. Imported Motor Cars LTD

• Court: Superior Court of Maine
• Decided: May 11, 2017
• Docket: SAGap-15-03
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT SAGADAHOC, SS. CIVIL ACTION Docket No. AP-2015-03

AUTOWERKS MAINE Inc. , ) Plaintiff, ) ) ) V. ) ORDER ON MOTION FOR ) RECONSIDERATION ) IMPORTED MOTOR CARS LTD, ) Defendant. )

The Defendant's Motion for Reconsideration is DENIED. Court rules and this court's March 9, 2016 order regarding the need for a transcript are clear and unambiguous. The Defendant's claimed confusion is not an excuse for failing to comply with court rules and this court's order. See Lightfoot v. State of Maine Legislature, 583 A.2d 694, 695 (Me. 1990) (A prose litigant "is not entitled to preferential treatment or to judicial accommodation greater than that afforded to a litigant appearing by legal counsel.")

The Clerk is directed to incorporate this Order by reference into the docket for this case, pursuant to Rule 79(a), Maine Rules of Civil Procedure.

Dated: May 11, 2016 STATE OF MAINE SUPERIOR COURT SAGADAHOC, SS. CIVIL ACTION Docket No. AP-2015-03

AUTOWERKS MAINE Inc., ) Plaintiff, ) ) ) V. ) DISMISSAL ) ) IMPORTED MOTOR CARS LTD,) Defendant. )

The Defendant's appeal is DISMISSED with prejudice because the Defendant failed to pay the fee for production of a transcript by March 18, 2016 as required by this court's March 9, 2016 order 1•

The Clerk is directed to incorporate this Order by reference into the docket for this case, pursuant to Rule 79(a), Maine Rules of Civil Procedure.

Dated: March 24, 2016 ~ ---:: ~>

ERIORCOURT

1 The Defendant did pay for a copy of an electronic recording but a recording is not a transcript as required by court rules and this Court's previous order. The court also told the Defendant a transcript was required during a hearing on March 8, 2016. STATE OF MAINE SUPERIOR COURT SAGADAHOC, SS. CIVIL ACTION Docket No. AP-2015-03

AUTOWERKS MAINE Inc., ) Plaintiff, ) ) ) v. ) ORDER ) ) I11PORTED MOTOR CARS LTD, ) Defendant. )

The Defendant's request for a jury trial de nova has been waived because no affidavit was filed as required by Rule ll(d)(2) of the Maine Rules of Small Claims Procedure.

The Defendant is given until March 18, 2016 to pay the fee for production of a transcript. If the fee is not paid by that date, the appeal will be dismissed.

The Clerk is directed to incorporate this Order by reference into the docket for this case, pursuant to Rule 79(a), Maine Rules of Civil Procedure.

Dated:March 9,2016 M / ~~~ ~o~