CUMcv-24-266
Me. Super. CtOct 21, 2024Background
- Sandra K. Goddard filed a civil complaint against Benjamin P. Campo, Esquire, and David J. Marchese, Esquire, on June 24, 2024.
- Goddard was granted a fee waiver for filing the complaint.
- The record indicates attempts at service on Defendant Marchese, but proof of proper service was lacking for both defendants.
- Goddard sought default judgment of $300,000 against Marcheese, alleging failure to respond.
- Attorney for Marchese informed the court he was not properly served under Maine Civil Rules.
- The court reviewed compliance with service and filing requirements pursuant to Maine Rules of Civil Procedure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper service on defendants | Goddard alleges service was completed | Marchese asserts no proper service | Service requirements not met |
| Timeliness of proof of service | Service was attempted and documented | Proof is procedurally deficient | Proof of timely, proper service lacking |
| Default/default judgment | Sought default for failure to respond | Response predicated on improper service | Default judgment denied |
| Dismissal for lack of service | No request for enlargement yet | No timely or proper service filed | Case to be dismissed if not remedied |
Key Cases Cited
- Jackson v. Borkowski, 627 A.2d 1010 (Me. 1993) (court considers length of delay and other relevant factors before dismissing for lack of timely service)
- Qualey v. Secretary of State, 628 A.2d 1035 (Me. 1993) (whether complaint is frivolous is relevant to dismissal analysis)
- Town of Ogunquit v. Dept. of Public Safety, 767 A.2d 291 (Me. 2001) (failure to timely serve defendant may deprive court of personal jurisdiction)