Schwartz v. Nemon

Opinion

STATE OF MAINE SUPERIOR COURT CIVIL ACTION

CUMBERLAND, ss. Docket No. AP-05-006 - ,/'

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AP-05-051

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STEPHEN J. SCHWARTZ, Trustee of, 1 ,,:.,.::,l

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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