121 A.3d 109
Me.2015Background
- LOKC sued Blanchard for $39,945.22 in unpaid attorney fees, costs, and late fees in Oct 2014.
- LOKC moved for attachment and trustee process against Blanchard’s real and personal property under Rule 4A/4B with supporting affidavit.
- Affiant alleged likelihood of judgment equal to or greater than attachment, no insurance to satisfy, and no other property available.
- Blanchard filed a brief, nonconforming objection; court found waiver and ruled without a hearing.
- In Nov 2014 the court ordered attachment and trustee process; findings supported attachment.
- On appeal, the court affirmed; notes a minor typographical error and discusses fee arbitration rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attachment and trustee process were properly supported by the affidavits | LOKC contends likelihood of recovery supports attachment. | Blanchard argues no valid basis to attach without hearing. | Yes; affidavits support attachment. |
| Whether the court properly found no insurance to satisfy the judgment | LOKC shows no insurance available to cover the claim. | Blanchard challenges the sufficiency of insurance absence evidence. | Findings supported no available insurance. |
| Whether the procedural handling of Blanchard's objection was proper | LOKC maintains waiver and court could proceed without hearing. | Blanchard’s brief objection did not require a hearing. | Court correctly treated objection as waived and proceeded. |
Key Cases Cited
- Lindner v. Barry, 2003 ME 91 (Me. 2003) (abuse of discretion standard for attachments)
- Wilson v. DelPapa, 634 A.2d 1252 (Me. 1993) (affidavits and likelihood standard)
- S. Me. Props. Co. v. Johnson, 724 A.2d 1255 (Me. 1999) (no hearing required for attachment motions)
- Clearwater Artesian Well Co. v. LaGrandeur, 912 A.2d 1252 (Me. 2007) (self-represented litigants no special procedural privilege)
- First Citizens Bank v. M.R. Doody, Inc., 669 A.2d 743 (Me. 1995) (treatment of fee disputes; arbitration option)
- Mitchell v. Lavigne, 770 A.2d 109 (Me. 2001) (appealability of attachment orders)
- Centrix Bank & Trust v. Kehl, 40 A.3d 942 (Me. 2012) (collateral order exception to final judgment rule)