Opinion

Sawyer v. Walker

  • 593 A.2d 210
  • 1991 Me. LEXIS 77
Court
Supreme Judicial Court of Maine
Filed
Apr 3, 1991
Status
Published
On the bench
Brody, Collins, Glassman, McKusick, Wathen
Cited by
0 cases
Authority
More cited than 19.4%

The opinion

PER CURIAM.

Oscar Walker filed a notice of appeal from an order entered by the Superior Court (Penobscot County, Browne, J.) denying his post-trial motion for relief from an order entered on August 31, 1990 and imposing sanctions against Walker pursuant to M.R.Civ.P. 11. The August 31, 1990 order was entered by mandate of this court and awarded prejudgment interest to the plaintiff, Patricia Sawyer, pursuant to 14 M.R.S.A. § 1602(1) (Supp.1990) in connection with a judgment in her favor entered on March 31,1989. See Sawyer v. Walker, 572 A.2d 498 (Me.1990). On appeal, Walker makes no reference to the order from which he has appealed and, instead, contends that he is entitled to relief from the March 31, 1989 judgment pursuant to M.R. Civ.P. 60(b). 1 We find no merit in any of Walker’s contentions on appeal and we affirm.

By any objective standard, Walker’s appeal is frivolous. Under circumstances such as these, M.R.Civ.P. 76(f) authorizes the imposition of sanctions. See Murphy v. Daley, 582 A.2d 1212, 1213 (Me.1990). To deter abuse of the appellate process, we impose Rule 76(f) sanctions of treble costs and $350 in attorney fees.

The entry is:

Order affirmed. It is further ordered that appellant Oscar Walker pay to the appellee Priscilla M. Sawyer treble costs and $350 toward attorney fees.

All concurring.

. We note that Walker never presented a Rule 60(b) motion to the Superior Court and, thus, the issues raised on appeal are not properly before this court. Had such a motion been presented, it would have been properly dismissed as untimely.

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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