Warren Constrution Group, LLC v. Leslie Reis
107 A.3d 1120
Me.2014Background
- Warren Construction entered into a contract to renovate the Reises’ Freeport home and began work in Sept. 2012.
- By Feb. 2013 Warren had received no payments, stopped work, and recorded a mechanic’s lien.
- In May 2013 Warren sued in Superior Court asserting five counts: breach of contract, quantum meruit, unjust enrichment, violation of the Prompt Payment Act (10 M.R.S. § 1113), and enforcement of the mechanic’s lien.
- Warren moved for summary judgment on three counts: breach of contract, Prompt Payment Act violation, and enforcement of the mechanic’s lien; it did not move on quantum meruit or unjust enrichment.
- The superior court granted summary judgment to Warren on the three moved counts but said nothing about the two remaining counts; no further orders disposing of those counts were entered.
- The Reises appealed; the Supreme Judicial Court dismissed the appeal as interlocutory because the unresolved counts prevented a final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the summary judgment was appealable (final judgment rule) | Reises challenged the merits of the summary judgment (sought reversal). | Warren implicitly argued the judgment on moved counts was valid; did not assert finality as disputed. | Appeal dismissed as interlocutory because two claims (quantum meruit, unjust enrichment) remained pending; no final judgment. |
| Whether an exception to the final-judgment rule justified reaching the merits | Reises did not argue or show an applicable exception on appeal. | Warren did not invoke an exception; neither party requested appellate consideration under an exception. | Court declined to consider exceptions sua sponte; burden was on parties to demonstrate an exception, which was not met. |
Key Cases Cited
- Irving Oil Ltd. v. ACE INA Ins., 91 A.3d 594 (recognizes rule that appeals require a final judgment)
- Sanborn v. Sanborn, 877 A.2d 1075 (2005) (orders disposing of fewer than all claims are nonfinal)
- O’Connor v. Counseling Servs., Inc., 951 A.2d 78 (2008) (partial summary judgment generally interlocutory)
- Me. Health Alliance v. Med. Mut. Ins. Co. of Me., 837 A.2d 135 (2003) (dismissing appeal where not all counts were resolved)
- Kinney v. Me. Mut. Grp. Ins. Co., 874 A.2d 880 (2005) (if any count remains, judgment is not final)
- Durgin v. Robertson, 428 A.2d 65 (Me. 1981) (court must raise finality issue on its own motion)