167 A.3d 1258
Me.2017Background
- Rowland S. Whittet appealed a Superior Court judgment granting a permanent injunction and authorizing sale of disputed Rockport real estate via a special master (orders of Dec. 15 and 22, 2016).
- The Court of Appeals’ review was limited to those December 2016 orders and Daniel C. Whittet’s motion for appellate sanctions.
- Rowland failed to provide transcripts or adequate substitute materials necessary for appellate review.
- Rowland raised untimely challenges to earlier trial-court decisions and did not brief or argue why the December 2016 orders were erroneous.
- The court found Rowland persisted in previously rejected, meritless claims that delayed enforcement of a 2013 judgment and had litigated the same property disputes in multiple prior appeals.
- The court affirmed the judgment and awarded Daniel appellate sanctions: $4,517 in attorney fees plus treble costs, totaling $4,733.24.
Issues
| Issue | Plaintiff's Argument (Whittet) | Defendant's Argument (Daniel) | Held |
|---|---|---|---|
| Adequacy of appellate record | The appeal should proceed despite lack of transcripts; underlying factual findings are contestable | Record is inadequate for review; appellant failed to supply transcripts or substitutes | Court accepted the trial court’s factual findings and affirmed due to inadequate record |
| Timeliness/preservation of issues | Challenges to earlier court decisions are part of the appeal | Earlier decisions were not timely appealed and therefore are not properly before the court | Court refused to consider untimely/challenged prior rulings |
| Merits of December 2016 orders | Whittet did not meaningfully brief error in the Dec. 2016 orders | Orders are supported by prior proceedings and findings; no persuasive argument shown | Court affirmed the Dec. 2016 orders for lack of argument and inadequate record |
| Sanctions under M.R. App. P. 13(f) | Whittet opposed sanctions (late opposition; raised irrelevant allegations) | Sanctions sought: attorney fees and costs for meritless, delay-causing appeal conduct | Court found conduct culpably careless and vexatious, awarded $4,733.24 in fees and treble costs |
Key Cases Cited
- Springer v. Springer, 984 A.2d 828 (Me. 2009) (when record is inadequate, appellate court accepts trial court’s factual findings)
- Holland v. Sebunya, 759 A.2d 205 (Me. 2000) (failure to raise an issue in brief/argument is treated as abandonment or failure to preserve)
- Estate of Dimen, 904 A.2d 417 (Me. 2006) (sanctions appropriate where party seeks relief with no reasonable likelihood of prevailing)
- Lincoln v. Burbank, 147 A.3d 1165 (Me. 2016) (frivolousness requires culpable carelessness; sanctions standards explained)
- Hardman v. Border Tr. Co., 842 A.2d 1266 (Me. 2004) (sanctioning duplicative or vexatious litigation intended to harass or delay)