592 A.2d 1077 | Me. | 1991
Larry Sites appeals from an order of the Superior Court (Penobscot County, Beau-lieu, J.) denying his M.R.Civ.P. 60(b) motion for relief from judgment. We affirm.
Merrill/Norstar Bank foreclosed a mortgage it held on real estate in Bangor owned by Sites, and sold the property at public auction. See 14 M.R.S.A. §§ 6321-6324 (Supp.1990).
Subsequently, Sites made a motion for relief from the court’s order based on additional evidence. The court properly treated the motion as a M.R.Civ.P. 60(b)(1) motion for relief from judgment.
As the party making the Rule 60(b)(1) motion for relief from judgment, Sites had the burden of showing why he was justified in failing to avoid the mistake, inadvertence or neglect. Pederson v. Cole, 501 A.2d 23, 25 (Me.1985). Sites’s failure to provide in the record on appeal a transcript of the hearing before the Superi- or Court on his Rule 60(b) motion prevents us from adequately reviewing whether the court erred in denying the motion. See Ramsey v. Board of Appeals of Town of York, 451 A.2d 651, 651-52 (Me.1982); Maiorino v. Morris, 367 A.2d 1038, 1040
The entry is:
Judgment affirmed.
All concurring.
. The bank held a public sale after Sites failed to redeem the property within 90 days from the date of the judgment of foreclosure and sale. See 14 M.R.S.A. §§ 6322-6323.
. As a lienholder on the mortgaged property, EMMC was named as a party in interest in Merrill/Norstar's foreclosure action. See 14 M.R.S.A. § 6321 (Supp.1990). Merrill/Norstar recovered from the proceeds of the sale all amounts due and payable on the mortgage together with interest, and did not participate in this appeal.
.M.R.Civ.P. 60(b)(1) provides:
(b) Mistakes: Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect[.j