15 results for 'judge:"Stanfill"'.
J. Stanfill finds that the lower court properly convicted defendant of OUI pursuant to a conditional plea of guilty. On appeal, defendant contends that the seizure was unlawful, because it occurred in his home's curtilage without a warrant. However, the argument was not properly preserved, and the court does not find obvious error in the proceeding. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: April 18, 2024, Case #: 2024ME29, Categories: Criminal Procedure, Dui
J. Stanfill finds the lower court improperly overturned a ruling in a small claims action for the purchasers of a used car, a 2011 Volvo, that allegedly had problems with the catalytic converters. It is unclear the evidence could not support a finding that the dealer breached the warranty of inspectability. Accordingly, the matter is remanded to affirm the small claims judgment. Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: March 7, 2024, Case #: 2024ME18, Categories: Vehicle, Product Liability, Warranty
J. Stanfill finds that the lower court improperly set aside a partial settlement agreement in this partition case dividing certain real property. The court concludes that the settlement agreement at issue "was valid and enforceable." Accordingly, the matter is remanded "to determine the meaning of the agreement and partition the property accordingly." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 31, 2024, Case #: 2024ME14, Categories: Civil Procedure, Real Estate
J. Stanfill finds that the lower court judgment should be vacated and the appellants' petition for judicial review dismissed based on a lack of jurisdiction. The petition sought review of an email from the mining coordinator of the Department of Environmental Protection, but the email being challenged is not "a final agency action." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 30, 2024, Case #: 2024ME10, Categories: Civil Procedure, Environment
J. Stanfill finds that the lower court improperly determined the father's child support obligation in this case concerning parental rights and responsibilities. The father argues that the lower court erred by including "his employer's cost of providing health insurance to him in his gross income." The court agrees, noting that an in-kind payment can be included "only to the extent that the payment actually reduces a parent's personal living expenses." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 25, 2024, Case #: 2024ME9, Categories: Civil Procedure, Family Law
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J. Stanfill finds that the lower court properly granted summary judgment in favor of the university system in this suit alleging that it failed to timely pay an employee's wages and should be subject to penalties. The employee, who taught certain law classes, is exempt from the statutory requirements at issue, as he is "compensated on a fee basis." Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 25, 2024, Case #: 2024ME8, Categories: Education, Employment
J. Stanfill finds that the lower court properly denied the appellant's motion for relief from judgment under Rule 60(b) after her "complaint for protection from harassment" was dismissed. The appellant's appeal was timely as to the denial of the motion, but she fails to develop an argument "in connection with that appeal." Accordingly, the court considers her challenge to be waived. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: December 28, 2023, Case #: 2023ME78, Categories: Civil Procedure, Restraining Order
J. Stanfill finds that the lower court properly terminated the mother's parental rights to her two children. On appeal, the mother contends that she received ineffective assistance of counsel, but the record does not show that the attorney was deficient. The record indicates that the mother had a "chronic drinking problem" and that she was imprisoned at the time of the hearing. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: December 19, 2023, Case #: 2023ME76, Categories: Evidence, Family Law
J. Stanfill finds that the lower court's judgment must be vacated and the matter remanded back to the Portland Planning Board for findings of fact, in this case concerning the proposed construction of a multi-unit residential building. The board's findings were "insufficient to enable meaningful appellate review." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: August 22, 2023, Case #: 2023ME57, Categories: Civil Procedure, Real Estate
J. Stanfill finds that the lower court improperly dismissed the bank's complaint for foreclosure following a bench trial. The debtor or debtor's estate was not a necessary party to the action. When the foreclosure does not involve a claim for a deficiency judgment, "any mortgagor or successor in interest is a necessary party but a deceased debtor is not." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: July 18, 2023, Case #: 2023ME38, Categories: Civil Procedure, Real Estate, Foreclosure
J. Stanfill finds that the lower court improperly calculated the amount of child support in its amended divorce judgment because it imputed an income to the wife "that was higher than her actual income." The issue should be remanded for further proceedings. Vacated in part.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: July 11, 2023, Case #: 2023ME37, Categories: Evidence, Family Law
J. Stanfill and the participating justices of the Maine Supreme Court answer certain questions propounded by the Maine Senate and the Maine House of Representatives in connection with four citizen-initiated measures. The transmittal of a measure by the secretary of state constitutes presentation to the legislature, and the Maine Constitution does not preclude its being carried over for consideration in a special session. Further, if a measure is enacted without change, then the identical measure in a proclamation by the governor must "not go to a referendum vote."
Court: Maine Supreme Court, Judge: Stanfill, Filed On: June 9, 2023, Case #: 2023ME34, Categories: Civil Procedure, Constitution, Government
J. Stanfill finds that the lower court improperly reversed the tax assessor's decision to deny a local property tax exemption to a nonprofit organization. The lower court had jurisdiction over the case, but it erred in determining that the nonprofit organization is a "scientific institution." The record indicates that the organization is primarily educational, as opposed to scientific. Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: May 30, 2023, Case #: 2023ME33, Categories: Civil Procedure, Tax, Jurisdiction