Carey v. Indian Rock Corp.

Opinion

STATE OF MAINE CUMBERI 2 geil SUPERIOR COURT

u, CUMBERLAND, ss. CLERK'S OFFice CIVIL ACTION . = DOCKET NO. AP200-089/, res 28 [2 oo PH 0] REC - PUM o/awee

DAVID A. CAREY, Plaintiff VS. ORDER ON APPEAL INDIAN ROCK CORPORATION,

Defendant

Defendant Indian Rock Corporation has appealed from an order of the District Court dated July 27, 2000 and docketed on July 28, 2000.

That order granted plaintiff's motion for default and dismissed defendant's counterclaim unless the plaintiff took certain specified action within 30 days. The order did not grant final judgment to the plaintiff.

An order of judgment is final if '1) the trial court's action fully decides and disposes of the whole matter leaving nothing further for the consideration and judgment of the trial court, and 2) no subsequent proceedings in the case

will render the appellate court's decision immaterial.’

Ford New Holland, Inc. v. Thompson Machine, Inc., et al, 617 A.2d 540 (Me. 1992).

The entry is: The case is remanded to the district court for further proceedings consistent

with this order.

Dated: February LY, 2001 LELL_

Robeft E. Crowley Justice, Superior Court

Date Filed

10-27-00

CUMBERLAND Docket No.

AP _ 00-089

Action

APPEAL FROM DC_- CONTRACT

County

DAVID A. CAREY

INDIAN ROCK CORPORATION

VS.

Plaintiff's Attorney

EDWARD S. DAIGLE, ESQ 773-7818 31 EXCHANGE ST. PORTLAND ME 04101

Defendant’s Attorney

RUSSELL BURGESS PRO SE INDIAN ROCK OUTFITTERS PO BOX 5445

OQUOSSOC, ME 04964

Date of Entry 2000 Oct. 30 Received 10-27-00: Defendant's Notice of Appeal filed. All paperwork received from 9th District Court, Division of Southern Cumberland (POR CV 00-447). Nov. 1 On 11-1-00. Briefing schedule mailed. Appellant's brief due 12-6-00. Dec. 7 Received 12-6-00.. - Petitioner's brief filed Dec. 27 Received 12/27/00: Plaintiff/Appellee's Brief filed. " " Plaintiff's Motion to Dismiss Appeal filed. " " Plaintiff's Request for Hearing filed. 2001 Jan 10 Received 01/10/01: Defendant's Motion in Opposition to Plaintiff's Motion to Dismiss Appeal filed. Feb. 27 On 2-27-01. Oral argument on appeal scheduled as well as Plaintiff's Motion to Dismis Appeal. Court hears Plaintiff's Motion to Dismiss Appeal. Court dismisses appeal; order to be filed by the court. Crowley, J. Presiding, Electronic Recording, Tape No. 1963, Index Nos. 2518-2795, Edward Daigle, Esq. for Plaintiff and Russell Burgess appears pro se. March 1 Received 2-28-01.

Order on Appeal, filed. (Crowley, J.)

The case is remanded to the district court for further proceedings consistent with this order.

Copies mailed Edward Daigle, Esq. and Russell Burgess on 3-1-01.