Laprel v. Going
2014 ME 84
| Me. | 2014Background
- Going’s father sold land to Laprel and Smith after Going’s parents held the land in joint tenancy.
- Going sent an email accusing Laprel of theft and indicating authorities would review her loan documents.
- Going sent a demand notice with abusive language toward Laprel and Smith and later recorded a $550,000 lien against their property.
- Laprel and Smith filed suit asserting slander of title, libel, declaratory relief to invalidate liens, and other claims; Going later recorded a second $600,000 lien.
- The court granted partial summary judgment invalidating both liens; trial proceeded non-jury; verdict favored Laprel and Smith on slander of title and libel, with nominal damages and costs; Going appealed and Laprel/Smith cross-appealed.
- Going challenged the superior court justices’ jurisdiction, arguing lack of commissions; the court rejected that challenge and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the justices lacked jurisdiction due to not having commissions | Going contends commissions were required under Me. Const. art. IX, § 3. | Laprel/Smith argue judges are appointed, not commissioned, so commissions are not required. | Jurisdiction affirmed; commissions not required for Maine state judges. |
| Whether the declaratory judgment summary judgment properly resolved the liens | Going disputes the lien validity and trial posture. | Court properly granted summary judgment showing no lien entitlement against Laprel/Smith. | Court correctly granted summary judgment on the declaratory relief. |
| Whether the slander of title claim should have been dismissed without prejudice | Going asserts dismissal pretrial or without prejudice should apply. | Laprel/Smith did not move for voluntary dismissal; no prejudice dismissal given. | Court did not err in addressing the slander of title claim; no prejudice dismissal required. |
| Whether denial of Going’s motions to dismiss was proper | Going argues dismissal due to procedural or substantive defects. | Court properly denied dismissal for lack of legal basis and supported claims. | Court properly denied motions to dismiss. |
| Whether the non-jury trial verdict on slander and libel was supported | Going contends findings were unsupported or erroneous. | Evidence supported the findings; verdict for Laprel/Smith on slander and for Laprel on libel. | Findings and verdict upheld; trial court did not err. |
Key Cases Cited
- Ramsey v. Baxter Title Co., 2012 ME 113 (Me. 2012) (denial of dismissal when basis for dismissal not shown)
- Estate of Lewis v. Concord Gen. Mut. Ins. Co., 2014 ME 34 (Me. 2014) (summary judgment standard in light of favorable view to moving party)
- Butler v. Supreme Judicial Court, 611 A.2d 987 (Me. 1992) (jury trial denial standards under Civ. P.)
- Kirkpatrick v. City of Bangor, 1999 ME 73 (Me. 1999) (due process considerations in civil proceedings)
- Greaton v. Greaton, 2012 ME 17 (Me. 2012) (assumption about transcript in appellate review)