The Patterson Companies, LLC v. Jackson
This text of The Patterson Companies, LLC v. Jackson (The Patterson Companies, LLC v. Jackson) 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 YORK, SS. Civil Action Docket No. AP-16-0027
THE PATTERSON COMPANIES, LLC,
Plaintiff/ Appellee
v. ORDER
JACOB JACKSON, Defendant/ Appellant
This small claims appeal involves an action against a former tenant, Mr.
Jackson, for damages arising out of the tenancy. Final hearing was held in Springvale
District Court on June 16, 2016. Mr. Jackson failed to appear. The court issued a
default judgment in the amount of $3,788.79. On July 12, 2016 Jackson filed a notice of
appeal requesting a jury trial de novo in Superior Court. The appeal is dismissed for
two reasons. A defendar,t who fails to appear for the small claims trial in the District
Court waives his right to a jury trial de nova in Superior Court. H & H Oil Co., Inc v.
Dineen, 557 A.2d 604, 605 (Me. 1989). And, appellant has not filed an affidavit in
support of his request that complies with the rules. See M.R.S.C.P. ll(d)(2); M.R. Civ.
P. 80L(c)(l), M.R. Civ. P. 56(e). To the extent appellant has any remedies, they lie in
the District Court.
Accordingly, it is hereby ORDERED and the entry is: Appeal is DISMISSED.
Case is remanded to District Court for entry of final judgment.
The clerk may incorporate this order upon the docket by reference
Rule 79(a) of the Maine Rules of Civil Procedure.
DATE: September 26, 2016 AP-16-27
ATTORNEYS FOR PLAINTIFF: ANNA POLKO CLARK BOURQUE & CLEGG PO BOX 1068 SANFORD ME 04073
DEFENDANT PRO SE: JACOB JACKSON 1149 SOUTH WATERBORO ROAD LYMAN ME 04002
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