Bank of New York v. Richardson
15 A.3d 756
| Me. | 2011Background
- Bank of New York, as Trustee, foreclosed against Richardsons' Berwick property and filed a complaint in the District Court on May 27, 2009.
- Richardsons answered with counterclaims including breach of contract, unfair trade practices, promissory estoppel, misrepresentation, declaratory relief, and various others.
- Mediation under Foreclosure Diversion Program was ordered; Bank failed to appear at the first mediation, prompting a motion to dismiss.
- Mediation was rescheduled; Bank again failed to appear, mediator filed noncompliance, and Richardsons moved to dismiss the foreclosure complaint.
- The District Court dismissed the foreclosure complaint with prejudice, ordered sanctions, and allowed Richardsons to pursue counterclaims.
- Bank appealed the dismissal as an interlocutory order, but the appellate court dismissed the appeal for lack of a final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is proper before final judgment. | Bank argues finality not required for interlocutory appeal. | Richardsons contend no final judgment; appeal improper. | Appeal dismissed; no final judgment. |
| Are any exceptions to the final judgment rule applicable here? | Bank relies on exceptions to permit appeal now. | Richardsons contend none apply given ongoing counterclaims. | No exception applies; dismissal affirmed. |
| Do death knell, collateral order, or judicial economy exceptions apply to permit review? | Bank asserts urgency of appeal to avoid irreparable harm. | Richardsons argue the actions are not separable or final. | None apply; appeal dismissed. |
Key Cases Cited
- Aubry v. Town of Mount Desert, 2010 ME 111 (Me. 2010) (discusses final judgment rule and sua sponte consideration)
- E. Perry Iron & Metal Co. v. City of Portland, 2006 ME 52 (Me. 2006) (final judgment rule and exceptions analysis)
- Bruesewitz v. Grant, 2007 ME 13 (Me. 2007) (death knell exception for irreparable loss of substantial right)
- Dairyland Ins. Co. v. Christensen, 1999 ME 160 (Me. 1999) (death knell applicability and irreparable harm consideration)
- In re Motion to Quash Bar Counsel Subpoena, 2009 ME 104 (Me. 2009) (final judgment rule and related procedural principles)
- E. Perry Iron & Metal Co. (additional reference), 2006 ME 52, 896 A.2d 958 (Me. 2006) (explanation of collateral order and final judgment framework)