Hatch v. Baston

• Court: Superior Court of Maine
• Decided: April 12, 2010
• Docket: YORap-09-052
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT CIVIL ACTION YORK, ss. DOCKET NO. AP-09-052 p~ Y:_- 'iO 12. --'-j i ';.-, '--c

RICHARD HATCH and RODNEY HATCH d/b/ a HIGHPINE MOBILE HOME PARK,

Plaintiffs

v. ORDER

SCOTT BASTON,

Defendant

HISTORY

Mr. Baston is the owner of a mobile home and rents a lot in the plaintiffs' mobile

home park in Wells. The defendant was given a notice to quit and a complaint for

forcible entry and detainer was brought alleging non-payment of rent and violation of

the park rules by sub-renting of the mobile home.

After a hearing in the District Court (York, Douglas, J.) a judgment of forcible

entry and detainer was entered on September 16, 2009 with a writ of possession to issue

on November 16,2009.

On November 13, 2009 the defendant filed a motion for relief from judgment

alleging that a new tenancy had been created by the acceptance of rent after the

judgment was entered on September 16, 2009. That motion was denied on November

30, 2009. The defendant also filed on November 13, 2009 a motion for temporary

restraining order and motion to quash writ of possession which was denied on

November 30,2009. Mr. Baston filed a notice of appeal on December 7, 2009 stating that, "Plaintiff

clearly stated that tenancy will be reinstated if all filing fees, process fees and arrears are

paid in full before the writ of possession issues. These terms have been met. The

presiding judge has made an error by dismissing or not taking into consideration the

plaintiff's statement."

TIMELINESS OF APPEAL

Pursuant to 14 M.R.S.A. §6008, "The time for filing an appeal of the judgment of

the District Court expires upon the issuance of the writ of possession pursuant to

section 6005 or 30 days from the time the judgment is entered, whichever first occurs."

The appeal of the September 15, 2009 judgment was untimely. Also see Housing

Authority of the City of Bangor v. Maheux, 2000 ME 60, fJI4, 748 A.2d 474, 476.

Even if Rule 76D M.R.Civ.P. applied and excusable neglect existed to extend the

appeal deadline by an additional period "not exceeding 30 days ... " the appeal would

still be late.

As the appeal is untimely the Superior Court does not have jurisdiction on

appeal to review the District Court's decision.

The entry is:

Appeal dismissed. Writ of possession to issue May 28,2010.

Dated: April 12, 2010

~~~ ATTORNEY FOR PLAINTIFF: JONATHAN M. GOODMAN, ESQ. DRUMMOND WOOD SUM & MACMAHON 84 MARGINAL WAY SUITE 600 PORTLAND ME 04101 Justice, Superior Court

DEFENDANT PRO SE: SCOTT BASTON 2196 SANFORD ROAD, #18 WELLS ME 04090