Taylor v. Walker

2017 ME 218, 173 A.3d 539
CourtSupreme Judicial Court of Maine
DecidedNovember 28, 2017
DocketDocket: And-17-16
StatusPublished

This text of 2017 ME 218 (Taylor v. Walker) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Walker, 2017 ME 218, 173 A.3d 539 (Me. 2017).

Opinions

Majority: SAUFLEY, C.J., and MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

Concurrence/Dissent: ALEXANDER, J.

JABAR, J.

[¶ 1] Fred and Eleanor Taylor appeal from a judgment of the Superior Court (Androscoggin County, MG Kennedy, J.) vacating the District Court’s (Lewiston, Oram, J.) order denying Mark Walker’s motion to set aside a small claims judgment entered in the District Court (Ende, J.). Although the appeal is interlocutory, given the legislative direction that small claims matters proceed expeditiously, see 14 M.R.S. § 7481 (2016); M.R.S.C.P. 1, we address the appeal pursuant to the judicial economy exception and remand for further proceedings.

I. BACKGROUND

[¶ 2] The following facts are set forth in the record. See M.R. Civ. P. 76F(a). The Taylors are homeowners residing in Auburn. Walker is the president of an insulation installation company. In the spring of 2015, the Taylors contracted with Walker’s company to install foam insulation in their home. The Taylors allege that the job was done unsatisfactorily and that the method Walker’s company used to install the insulation damaged the home’s roof and siding. The Taylors subsequently initiated a small claims action in the District Court against Walker seeking damages of $4,256 plus costs. A hearing on the Taylors’ statement of claim was scheduled for July 5, 2016.

[¶ 3] On the day of the hearing, Walker failed to appear, and the court (Ende, J.) entered a default judgment in favor of the Taylors. Later that same day, Walker submitted to the court a letter in which he alleged that he had appeared at the wrong courthouse, and when he realized his mistake, he made efforts to get to the hearing in a timely fashion. In his letter, Walker alleged that he finally arrived at the correct location approximately two-and-a-half-hours after the hearing was scheduled to begin. The District Court accepted the letter as a motion to set aside the default judgment1 and in a handwritten order, without conducting a hearing, the court (Oram, J.)2 denied that motion. The court’s order states in pertinent part, “After considering the filings, [Walker’s] motion to set aside default is denied.”

[¶4] Walker subsequently appealed to the Superior Court. See M.R.S.C.P. 11(a). The Superior Court vacated the District Court’s order denying Walker’s motion to set aside the default judgment. It made factual findings, entered an order setting aside the default, and remanded the matter to the District Court for a hearing on the Taylors’ underlying claims. In its judgment, without hearing from Walker and the Taylors, the Superior Court made various factual findings and credibility determinations, found that the circumstances described in Walker’s motion to set aside the default judgment constituted excusable neglect, ■ and therefore concluded that the District Court abused its discretion in denying his motion. M.R.S.C.P. 9; M.R. Civ. P. 60(b). The Taylors then filed a motion for reconsideration, which the Superior Court denied. See M.R. Civ. P. 59(e). They now appeal from the order setting aside the default.

II. DISCUSSION

A. Process for Appealing Small Claims Judgments

[¶ 5] The Superior Court has limited and specific authority when a small claims matter is appealed. See 4 M.R.S. § 105(3)(B)(2) (2016); 14 M.R.S. § 7484-Ad) (2016); M.R.S.C.P. 11(d). If a defendant appeals and seeks a trial of the facts, the defendant must include a jury trial request and pay the required fee for a jury trial in the Superior Court. See M.R.S.C.P. 11(d)(2); Revised Court Fees Schedule and Document Management Procedures, Me. Admin. Order JB-Ó5-26 (as amended by A. 7-16), § 1(A)(3) (effective July 29, 2016). However, a plaintiff, having chosen the small claims forum, may appeal only on questions of law and cannot appeal and request another trial of the facts. See M.R.S.C.P. 11(d)(1).

[¶ 6] A party may appeal a small claims order to the Superior Court to raise issues of law or, as is the case here, to challenge an exercise of discretion not related to the court’s factual findings on the substance of a motion. See M.R.S.C.P. ll(d)(l)-(2). Thus, although the Superior Court may' not decide facts in a small claim appeal when acting in a purely appellate capacity, the court may review challenges to the District Court’s application of the law or, in rare circumstances, the Superior Court may review the District Court’s exercise of discretion in a making a determination that is not related to the trial of facts on the merits of the claim. See id

B. Final Judgment Rule

[¶ 7] Here, Walker appealed from the District Court’s exercise of discretion in denying his motion to set aside the default. Thus, the Superior Court’s authority was purely on questions of law. Nonetheless, it made independent factual findings, vacated the District Court’s order, and remanded the matter for a trial on the substance of the complaint.

[¶8] The matter is not yet final because there is further action to be taken in the District Court. Griswold v. Town of Denmark, 2007 ME 93, ¶ 17, 927 A.2d 410. Therefore, the appeal to us is interlocutory and is not ripe for appellate review unless an exception to the final judgment rule applies. See Doggett v. Town of Gouldsboro, 2002 ME 175, ¶ 8, 812 A.2d 256 (“We have regularly held that appeals from court orders remanding a matter to another court ... for further action are interlocutory appeals ....”); Aubry v. Town of Mt. Desert, 2010 ME 111, ¶ 5, 10 A.3d 662; Fiber Materials, Inc. v. Subilia, 2009 ME 71, ¶¶ 12-13, 974 A.2d 918. “A party urging that we reach the merits of an otherwise interlocutory appeal has the burden of demonstrating to us that one of th[e] exceptions to the final judgment rule justifies our reaching the merits of the appeal.” Sanborn v. Sanborn, 2005 ME 95, ¶ 6, 877 A.2d 1075.

[¶ 9] Because the Superior Court’s authority did not extend to deciding the facts related to the motion to set aside default, and because of the unique and expedited nature of a small claims matter, see 14 M.R.S. § 7481; M.R.S.C.P. 1, we conclude that the judicial economy exception applies. Accordingly, rather than simply dismissing the matter without comment, we address the ' authority of the Superior Court and the process on remand.

C. Superior Court Authority and Remand

[¶ 10] As noted above, the Superior Court vacated the District Court’s order denying Walker’s motion to set aside the default judgment and entered judgment in Walker’s favor on that motion. In doing so, the Superior Court made certain factual findings that exceeded its authority and vacated an exercise of the District Court’s discretion based on the facts that it found independently, ■ without the authority for fact finding or a record upon which to review the facts. The District Court was authorized to deny the motion without a hearing upon concluding that the facts alleged in Walker’s motion, even if proved, did not constitute excusable neglect -for the purposes of M.R. Civ. P. 60(b). See Laurel Bank & Tr. Co. v. Burns, 398 A.2d 41, 45 (Me.

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Related

Sanborn v. Sanborn
2005 ME 95 (Supreme Judicial Court of Maine, 2005)
Laurel Bank and Trust Co. v. Burns
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2009 ME 71 (Supreme Judicial Court of Maine, 2009)
Suzman v. Commissioner, Department of Health & Human Services
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Doggett v. Town of Gouldsboro
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Pettinelli v. Yost
2007 ME 121 (Supreme Judicial Court of Maine, 2007)
Griswold v. Town of Denmark
2007 ME 93 (Supreme Judicial Court of Maine, 2007)
Sheepscot Land Corp. v. Gregory
383 A.2d 16 (Supreme Judicial Court of Maine, 1978)
Smith v. Rideout
2010 ME 69 (Supreme Judicial Court of Maine, 2010)
Aubry v. Town of Mount Desert
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Cite This Page — Counsel Stack

Bluebook (online)
2017 ME 218, 173 A.3d 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-walker-me-2017.