Safety Insurance Group v. Gawayne Dawson
116 A.3d 948
| Me. | 2015Background
- Safety Insurance obtained a New Jersey default judgment against Gawayne Dawson (original award plus attorney fees), later certified as a statewide lien that included pre- and post-judgment interest.
- Safety Insurance registered the New Jersey judgment in Maine under the Uniform Enforcement of Foreign Judgments Act and the District Court entered the foreign judgment and issued a writ of execution.
- Safety Insurance requested amendment of the writ to include post-judgment interest beginning on the Maine entry date and asked the court to apply Maine’s statutory post-judgment interest rate (6.13%).
- The District Court concluded New Jersey’s post-judgment interest rate should apply and ordered Safety Insurance to supply documentation of New Jersey’s statutory post-judgment interest rate so the writ could be finalized.
- The record does not show Safety Insurance provided the requested New Jersey documentation; instead, Safety Insurance appealed before the court finalized or entered a final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-judgment interest rate to be applied to a registered foreign judgment is governed by forum (Maine) or issuing state (New Jersey) law, and whether the District Court erred in indicating the issuing state's rate would apply | Safety Insurance: post-judgment interest is procedural; Maine law should apply (14 M.R.S. § 1602-C(1)(B)) | Dawson: (implicit) issuing-state substantive rule governing interest applies; court concluded New Jersey rate governs | Appeal dismissed as interlocutory because District Court had not entered a final judgment; court ordered Safety Insurance to supply the requested documentation so the court can enter a final judgment and then the issue may be resolved on a final appeal |
Key Cases Cited
- Irving Oil Ltd. v. ACE INA Ins., 91 A.3d 594 (Me. 2014) (final judgment rule limits appeals to final judgments)
- Carroll v. Town of Rockport, 837 A.2d 148 (Me. 2003) (definition of final judgment)
- Bond v. Bond, 30 A.3d 816 (Me. 2011) (exceptions to final judgment rule reviewed)