Opinion

A.G. Edwards & Sons, Inc. v. Epstein

Court
Superior Court of Maine
Filed
Jul 15, 2003
Status
Unpublished
On the bench
Jeffrey L. Hjelm
Cited by
0 cases
Authority
More cited than 34.1%

The opinion

STATE OF MAINE SUPERIOR COURT

PENOBSCOT, SS. CIVIL ACTION

Docket No. CV- 03- 6

~ Pe! ~ 7) 15 is.03

A.G. Edwards & Sons, Inc. et al.,

Petitioners

Vv. Order

PE NOSECO COUNTY

DONALD L. GARPRECHT

Ruth F. Epstein, LAW LIBRARY

Respondent

AUG 5 ong

After the petitioners commenced this proceeding to confirm an arbitration award

pursuant to 14 M.R.S.A. § 5937, the court issued a procedural ordér | setting a 21 day time

period, commencing from the date of that order (April 19, 2003), in which the respondent

would be permitted to file an objection, opposition or other response to the petitioners’

application. On May 12, Bernard A. Kansky filed a limited appearance on behalf of the

respondent. Kansky also filed a motion to dismiss and a supporting written argument.

Kansky filed this material on behalf of “Ruth F. Epstein, Pro Se” in his stated capacity as

“Her Durable Power of Attorney-In-Fact.” The petitioners note in their response to

Kansky’s submissions that he is an attorney. He is not, however, licensed to practice in

the State of Maine, as the Board of Bar Overseers has confirmed. Thus, Kansky has not

purported to appear — and, under the present circumstances, in fact cannot appear ~ in the

Maine state courts as an attorney at law.

Further, the Law Court has held squarely that one person may not represent

another as an “attorney in fact.” Haynes v. Jackson, 2000 ME 11, { 13, 744 A.2d 1050,

1053. Any submissions filed by an “attorney in fact” on behalf of a named party “can be

given no effect.” Id., 15,744 A.2d at 1054. Therefore, Kansky’s entry of a limited

appearance and his substantive filings cannot be considered in Opposition to the

petitioners’ application. Consequently, the application will be granted.

The entry shall be:

For the foregoing reasons, the court strikes all material filed on behalf of the

respondent. The court will grant the petitioners’ application to confirm the arbitration

award. Counsel for the petitioners shall file a proposed confirmation order.

Dated: July 15, 2003 ch My

Justice, Main Superior Court

Jeffrey L. Hjelm

A G EDWARDS AND SONS INC - PLAINTIFF

Attorney for: A G EDWARDS AND SONS INC

PATRICIA PEARD

BERNSTEIN SHUR SAWYER & NELSON

100 MIDDLE ST

PO BOX 9729

PORTLAND ME 04104-5029

Attorney for: A G EDWARDS AND SONS INC

RONALD SCHNEIDER

BERNSTEIN SHUR SAWYER & NELSON

100 MIDDLE ST

PO BOX 9729

PORTLAND ME 04104-5029

BETSY P CHAPMAN - PLAINTIFF

Attorney for: BETSY P CHAPMAN

PATRICIA PEARD

BERNSTEIN SHUR SAWYER & NELSON

100 MIDDLE st

PO BOX 9729

PORTLAND ME 04104-5029

Attorney for: BETSY P CHAPMAN

RONALD SCHNEIDER

BERNSTEIN SHUR SAWYER & NELSON

100 MIDDLE ST

PO BOX 9729

PORTLAND ME 04104-5029

HARRY W MOSES - PLAINTIFF

Attorney for: HARRY W MOSES

PATRICIA PEARD

BERNSTEIN SHUR SAWYER & NELSON

100 MIDDLE ST

PO BOX 9729

PORTLAND ME 04104-5029

Attorney for: HARRY W MOSES

RONALD SCHNEIDER

BERNSTEIN SHUR SAWYER & NELSON

100 MIDDLE ST

PO BOX 9729

PORTLAND ME 04104-5029

VS

RUTH F EPSTEIN - DEFENDANT

103 ALETHA

NEEDHAM MA 02492

Filing Document: APPLICATION

Filing Date: 01/10/2003

Page

1

of

Minor Case Type:

3

SUPERIOR COURT

PENOBSCOT, ss.

Docket No BANSC-CV-2003-00006

DOCKET RECORD

ARBITRATION AWARDS

Printed on:

07/16/2003

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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