Schwartz v. Nemon
This text of Schwartz v. Nemon (Schwartz v. Nemon) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF MAINE SUPERIOR COURT CIVIL ACTION CUMBERLAND, ss. Docket No. AP-05-006 - ,/' ;, 2 . .- : :'', :!2 ;---, j \ 7 2: 1q ,?, . .- / AP-05-051 , .. ;
. , . 7 ) ,',. ?:.?.+;;-$; QEC -i I
- \olrbi 05 STEPHEN J. SCHWARTZ, Trustee of, 1 ,,:.,.::,l ' .-'\>::pj# .' ...
The TOBY L. NEMON TRUST, :.v r a III& Plaintiff,
ORDER a, AL SCHLTLMAN and JULIE NEMON,
Defendants.
Defendants have appealed judgments in favor of the Plaintiff Stephen J.
Schwartz, Trustee of the Toby L. Nemon Trust, granting h m possession of real estate at
75 Bartley Avenue, Portland, Maine (judgment dated December 17, 2004 in Docket No.
POR-SA-04-1040) and granting h m possession of a 1999 Dodge Caravan and a 1995
Mercury Sable (judgment dated July 21, 2005 in Docket No. FOR-SA-05-683).
Defendants have not sought a jury trial de novo pursuant to M.R.Civ.P. 80D(f)(2) and
therefore &us appeal is on issues of law only.
On appeal, the defendants have failed to establish in POR-SA-04-1040 that the
trial judge did not correctly apply the law or made findings of fact that were not
supported by competent evidence.
In POR-SA-05-683 judgment was entered by default against Julie Nemon
Schulman after an unrecorded hearing against both defendants.
Without a record, this court is unable to review the correctness of the District
Court's decision. " . . . the appellant has the burden of providing . . . a sufficient record that allows adequate consideration of h s arguments." Tennev v. Benson, 741 A.2d 454
(Me. 1999).
Therefore, the entry is:
Appeal in AP-05-006 DENIED.
Appeal in AP-05-051 DENIED.
Cases are remanded to the District Court.
DATED: October 26,2005
overt E. Crowley Justice, Superior Court Date Filed 0 1 / 3 1 / 0 5 CUMBERLAND
Action APPEAL FROM LOWER COURT
STEPHEN J . SCHWARTZ, ESQ., TRUSTEE OF THE AL AND J U L I E SCHULMAN AND ALL OTHER TOBY L. NEMON TRUST OCCUPANTS
VS.
Plaintiff's Attorney Defendant's Attorney DAVID P . CHAMBERLAIN, ESQ. -WWN-G.-SEGA-,--ESQ. withdrew 6-6-05 7 OCEAN STREET 4%--SFHWF SOUTH PORTLAND, ME 04106 -FawMWhy-*Q6WH AL & J U L I E SCHULMAN (PRO SE) 7 5 BARTLEY S T PORTLAND ME 04103
Date of Entry
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