12 results for 'judge:"Jabar"'.
J. Jabar finds that the lower court improperly terminated the mother's parental rights to her older child. The lower court's findings fail to address certain "important issues that must be answered" before establishing whether the mother is unfit. Specifically, the record does not show that "the mother would be unfit even if the Department had met its legal duty" to provide skilled nursing care for the child. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 31, 2024, Case #: 2024ME16, Categories: Civil Procedure, Family Law, Health Care
J. Jabar finds that the lower court improperly ordered the discharge of a mortgage. The right-to-cure notice was defective, but there was not a counterclaim for declaratory judgment. Accordingly, the lower court erred "by declaring the effect of its judgment." Vacated in part.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 30, 2024, Case #: 2024ME13, Categories: Civil Procedure, Real Estate
J. Jabar finds that the lower court properly convicted defendant of theft by misapplication of property following a jury trial. Defendant contends that he was entitled to an acquittal based on a statute of limitations defense and that the evidence did not support his conviction. The court notes that the parties "effectively" treated the limitations defense as waived, and the evidence shows that defendant had "a fiduciary obligation to safeguard and distribute the settlement funds" at issue. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 25, 2024, Case #: 2024ME6, Categories: Theft, Property
J. Jabar finds that the lower court properly convicted defendant of kidnapping with a dangerous weapon, aggravated assault and other charges. Contrary to defendant's argument on appeal, the evidence sufficiently supports the conviction. The events at issue were recorded on a video surveillance system at defendant's home, and the recordings were admitted at trial. The lower court could have concluded that defendant "restrained the victim for a substantial period." Also, he allegedly disconnected a truck battery to keep the victim from leaving. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: December 14, 2023, Case #: 2023ME74, Categories: Assault, Domestic Violence, Kidnapping
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J. Jabar finds that the lower court properly entered a summary judgment approving the state tax assessor's method of calculating the appellants' tax liability. Although the lower court "applied an improper legal standard" for two of the counts, the appellants' argument that there is an issue of material fact preventing summary judgment lacks merit. Instead, summary judgment was still appropriate. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: November 7, 2023, Case #: 2023ME68, Categories: Tax
J. Jabar finds that the lower court properly imposed consecutive license suspensions stemming from a traffic accident, in which a driver "became drowsy and crossed the double-yellow line, striking three pedestrians." The court did not err by considering the accident "as three separate violations of the statute permitting three separate penalties." Based on the language of the statute, and because the incident "resulted in the deaths of three people," the driver committed three separate civil violations. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: September 12, 2023, Case #: 2023ME63, Categories: Civil Procedure, Vehicle
J. Jabar finds that the lower court properly entered a judgment allocating the parties' parental rights and responsibilities. The father argues on appeal that the lower court erred by "imposing a time limit on his trial presentation," which prevented him from cross-examining the guardian ad litem. But any error was harmless, however, as the "enforcement of the time limits" did not affect the judgment. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 15, 2023, Case #: 2023ME50, Categories: Civil Procedure, Family Law
J. Jabar finds that the lower court properly terminated the parental rights of the mother and the father to their children. Contrary to the parents' argument on appeal, the termination of their rights was in the best interests of the children. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 15, 2023, Case #: 2023ME49, Categories: Civil Procedure, Family Law
J. Jabar dismisses this appeal from probate court as interlocutory. The appellant challenges a ruling that a certain document was not a "valid holographic will." However, the lower court did not address all of the issues raised in the appellant's counter-motion. Accordingly, the order was not a final judgment, and the appeal is due to be dismissed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 3, 2023, Case #: 2023ME44, Categories: Civil Procedure, Wills / Probate
J. Jabar finds that the lower court improperly affirmed a decision of a city's zoning board of appeals that dismissed an appeal for lack of standing. The board of appeals erred when it determined that the nonprofit lacked standing to appeal the issuance of certain permits related to an aquaculture project. Specifically, the board failed "to consider the entire record" when making the standing determination. Also, the facts in the record show that the nonprofit was an aggrieved party. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 3, 2023, Case #: 2023ME43, Categories: Administrative Law, Civil Procedure, Environment
J. Jabar finds that the lower court properly convicted defendant for aggravated assault and other charges but improperly sentenced him to "five years in prison with all but twenty-four months suspended, followed by three years of probation." The court finds that two of the counts should be merged as being duplicative and the case remanded for resentencing based on the merged counts. Also, defendant argues that he was penalized during sentencing for going to trial, and the lower court's comments on the decision to stand trial were "at the very least, ambiguous," rendering the sentence invalid. Vacated in part.
Court: Maine Supreme Court, Judge: Jabar, Filed On: May 25, 2023, Case #: 2023ME32, Categories: Sentencing, Assault