331 A.3d 456
Me.2025Background
- Pat Doe obtained a temporary, then a permanent, protection from harassment order on behalf of her two minor children against John Costin, following two aggressive encounters near their high school.
- The initial August 2023 order barred Costin from certain conduct but did not award attorney fees nor protect Doe herself; no timely appeal or fee motion was filed at that time.
- In September 2023, Doe moved to modify the order due to concerns over an expiring school-issued no-trespass notice, seeking additional restrictions on Costin.
- After a February 2024 hearing (thanks to counsels’ offers of proof, not live testimony), the District Court granted new restrictions and awarded Doe $6,500 in attorney fees—fees that included time spent on earlier (initial) proceedings.
- Costin appealed both the modification and attorney fee award; by the time the Supreme Judicial Court heard the case, the modified order had expired, raising mootness arguments.
- The appellate court ultimately found the underlying order moot but reviewed and vacated the attorney fee award, remanding for recalculation limited to fees actually incurred in connection with the motion to modify.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of appeal over expired protection order | N/A | The appeal is not moot due to the attorney fee controversy. | The merits on the order are moot; only fee issue is live. |
| Propriety of modifying harassment protection | Modification needed after no-trespass | Modification was frivolous; no-trespass was set to expire as all parties knew. | Not addressed due to mootness except as context for fees. |
| Award of attorney fees for both proceedings | Fees appropriate as awarded | Fees covered unrelated or previous proceedings; should be limited to modification. | Award vacated; only fees tied to the modification may issue. |
| Timeliness of fee application for initial order | N/A | Initial order fees untimely and not appealable. | Court lacked power to award fees on initial order. |
Key Cases Cited
- Allen v. Rae, 206 A.3d 902 (Me. 2019) (standards for drawing facts from the record)
- Jefts v. Dennis, 931 A.2d 1055 (Me. 2007) (standard for review of attorney fee awards)
- Haskell v. Haskell, 160 A.3d 1176 (Me. 2017) (defining abuse of discretion review)
- Villas by the Sea Owners Ass’n v. Garrity, 774 A.2d 1115 (Me. 2001) (factors in awarding attorney fees)
- Ten Voters of Biddeford v. City of Biddeford, 822 A.2d 1196 (Me. 2003) (definition of mootness for appeals)