Hancock Construction Financing, LLC v. Purser

Opinion

STATE OF MAINE SUPERIOR COURT CUbBERLAND, ss C M L ACTION

HANCOCK CONSTRUCTION FINANCING, LLC

Plaintiff

ORDER

FRANK PURSER, Defendant

Plaintiff's motion for an attachment in the amount of $ 57,162.61 is based on an affidavit that states that defendant Frank Purser personally guaranteed certain obligations of Windemere Homes, LLC in the total amount of $545,000, that Windemere defaulted, and that Purser owes $57,162.61. No explanation is offered in the affidavit as to how the $57,162 figure was arrived at.

The complaint in t h s case does contain an explanation as to how the $57,162.61 figure was calculated. However, the court construes M.R.Civ.P. 4A(i) as requiring that the specific facts supporting an attachment must be set forth in the supporting affidavit.

See Lindner v. Barry, 2003 ME 91 ¶5, 828 A.2d 788, 790. Because the defect appears to be purely techmcal, the court will deny plaintiff's motion without prejudice to renewal if

based upon a sufficient affidavit.

The entry shall be:

Plaintiffs motion for an attachment is denied without prejudice. The clerk is directed to incorporate h s order in the docket by reference pursuant to Rule 79(a).

Dated: October _Lf_, 2005

Thomas D. Warren

Justice, Superior Court

' COURTS nd County 3x 287 le 041 1 2 - ~ 2 8 7

JOHN MCVEIGH, ESQ.

PO BOX 9546

PORTLAND, ME 04112-9546

'COURTS ,

ld County lx 287 e 041 12-0287

WENDY PARADIS, ESQ.

PO BOX 9729

PORTLAND, ME 04104'5029