Covillion v. Covillion

• Court: Superior Court of Maine
• Decided: July 5, 2000
• Docket: SOMap-00-001
• Status: Unpublished

Opinion

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STATE OF MAINE SUPERIOR COURT

SOMERSET, ss. CIVIL ACTION Docket No. AP-00-001 _

EAG-SoM- 7]s jacee ANNE COVILLION, - Plaintiff, DONALD L. GARBRECHT . LAW LIBRARY v. ORDER

GUL 10 2000 JOSEPH COVILLION,

Defendant. 4

Anne Covillion filed a Complaint for Divorce against her husband of eleven

years on March 24, 1999. Throughout the subsequent proceedings, she was

represented by Attorney John Alsop. Mr. Covillion filed his appearance, pro se, on

March 17, 1999. He did not retain an attorney, and was either unwilling or unable to secure the services of an attorney through the Volunteer Lawyers Project.

A contested divorce hearing was scheduled on November 1, 1999. Plaintiff was present with her attorney. Defendant was present, but declined to participate in the proceedings, asserting that he had a "right to an attorney." Based upon the evidence presented, the court issued a Judgment on November 8, 1999. In response,

Mr. Covillion requested further findings of fact and conclusions of law, and filed a timely Notice of Appeal. Judge MacMichael denied that request in an Order dated November 19, 1999.

In his 25-page brief, Mr. Covillion alleged no error by the trial court. All of his arguments are aimed at Attorney Alsop's actions, and are based upon his misunderstanding of the Canons of Judicial Conduct as applied to Probate Judges

and/or a general misunderstanding of the role of an attorney. Error by the court was

only asserted by Mr. Covillion in the reply he filed to Ms. Covillion's brief. However, the evidence presented at trial more than adequately supports the findings and conclusions reached by the trial judge. The information Mr. Covillion now wishes to present is information he should have presented during the trial.

The trial court's findings of fact cannot be set aside unless clearly erroneous, and its holdings must be affirmed unless the court has violated some positive rule of law or reached a result that is plainly and unmistakably unjust. Harding v. Murray, 623 A.2d 172 (Me. 1993) Based upon the record provided and the arguments presented, the District Court judgment is affirmed, and Mr. Covillion’s appeal is _ denied.

This Order is to be incorporated into the docket by reference, in accordance with M.R.Civ.P. 79(a).

DATED: July 5, 2000

s

Date Filed 01/14/00 Somerset Docket No. AP-00-001

County > Action __District Court Appeal -— Divorce BONALD L. GARB’ CHT EE 10 oe Anne Covillion Vs. Joseph Covillion Plaintiff’s Attorney Defendant’s Attorney, cam aes John Alsop, Esq. Joseph Covillion, Pro Se PO Box 417 Route 15 Norridgewock ME 04957 Jackman ME 04945 Tel: #634~-2800 Bar: #3174 Date of = Entry

01/27/00 The following documents were received and filed 01/14/00 under Notice : of Appeal from the 12th District Court:

- Complaint for Divorce with Complaint Suinmmary Sheet

2 - Family Matter Summons and Preliminary Injunction

3 — Court Alternative Dispute Resolution Service

4 - Domestic Relations Pre-Trial Order

5 - Letter from Joseph Covillion filed 09/28/99

_

- Divorce Judgment - Order on Defendant's Motion for Findings of Fact - Transcript Order 9 - Applications to Proceed without Payment of Fees 10 - Notice of Appeal 11 - Defendant's Motion for Finding of Fact 12 - Notice of Mediation 13 - Entry of Appearance 14 - Notice of Hearing 15 - All Correspondence 16 - Plaintiff's Financial Statement 17 - Exhibits 18 - District Court Docket Entries 19 - Original Transcript of Deposition of November 1, 1999

Notice and Briefing Schedule forwarded to John Alsop, Esq. and Joseph Covillion, Pro Se on this day.

02/15/00 | Brief of Appellant received and filed 02/15/00.

03/17/00 Motion for Extension of Time:in which to file Brief received and filed 03/15/00.

) 03/27/00 Appellant's Response to Appellee's Motion for Extension of Time to File Brief received and filed 03/22/00.

Order filed. Over defendant/appellant's objection, the motion is granted and time for filing enlarged to 04/17/00. 03/27/00 /s/ Kirk Studstrup, JSC. cc: John Alsop, Esq. and Joseph Covillion, Pro Se.

were

Date of

AP-00-001 (P2) .

Entry Docket No. 04/05/00 | Brief of Appellee Anne Covillion received and filed 04/04/00. 04/26/00 |-Reply Brief of Appellant received and filed 04/19/00. © 07/07/00 District Court Appeal scheduled for hearing on July 5, 2000 before

the Hon. Ellen A. Gorman. Electronic Recording Tape No. #169, Index

| No. #843-877. John Alsop, Esq. present for the Plaintiff and addressed

court, Joseph Covillion as Defendant present and addressed court. Case taken under advisement.

Order filed. Based upon the record provided and the arguments presented, the District Court judgment is affirmed, and Mr. Covillion's appeal

is denied. This Order is to be incorporated into the docket by reference, in accordance with M.R.Civ.P. 79(a). DATED: July 5, 2000 /s/ Ellen

Av -Gortidn, JSC. cc: John Alsop, Esq., Joseph Covillion, Pro Se. Certified copy of Order and Docket entries forwarded to District Court, Ms. Deborah Firestone, The Donald Garbrecht Law Library, and Goss Data Services.