First Franklin Financial Corporation v. Jason L. Gardner, 2013 ME 3

Maine Supreme Judicial Court granted Gardner's sanctions-ward against First Franklin following foreclosure mediation resulting in a proposed loan modification.
Mediation report dated November 4, 2010, referenced as the basis for granting a loan modification on terms agreed during mediation.
First Franklin challenged the interlocutory sanctions ruling; Gardner sought sanctions on appeal as well.
Court addressed whether the mediation produced a binding agreement requiring First Franklin to offer a loan modification to Gardner.
Court applied Maine contract and settlement standards to determine if terms were definite enough to bind the parties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the death knell or judicial economy exceptions apply.	Gardner	First Franklin	Merits reached; exceptions apply.
Whether the mediation created a binding loan-modification agreement.	Gardner argues a binding agreement existed requiring offer of modification.	First Franklin contends terms were indefinite/conditional.	Binding commitment found; terms sufficiently definite to require offer.
Whether sanctions against First Franklin were proper.	Gardner	First Franklin	Sanctions upheld for lack of good-faith mediation.
Whether sanctions on appeal were warranted.	Gardner seeks appeal-level sanctions.	First Franklin	Sanctions on appeal denied.

Fiber Materials, Inc. v. Subilia, 2009 ME 71 (Me. 2009) (death knell exception to final judgment rule)
Barr v. Dyke, 49 A.3d 1280 (Me. 2012) (circumstances under which a settlement is binding)
Muther v. Broad Cove Shore Ass’n, 968 A.2d 539 (Me. 2009) (existence of binding contract is a fact question)
Coastal Ventures v. Alsham Plaza, LLC, 1 A.3d 416 (Me. 2010) (contract term definiteness; contract interpretation standards)
Sullivan v. Porter, 861 A.2d 625 (Me. 2004) (definiteness of terms; no unaddressed elements)
Gauthier v. Gauthier, 931 A.2d 1087 (Me. 2007) (sanction decision review for abuse of discretion)