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