# Cates v. Donahue

> Supreme Judicial Court of Maine · March 1, 2007 · 916 A.2d 941

URL: https://www.frixlaw.com/law-library/cases/9704152

## Case

- **Full name:** Nichole CATES v. William J. DONAHUE Sr.
- **Court:** Supreme Judicial Court of Maine
- **Decided:** March 1, 2007
- **Citations:** 916 A.2d 941; 2007 ME 38; 2007 Me. LEXIS 34
- **Precedential status:** Published
- **Opinion:** Dissent by Dana
- **Judges:** Saufley, Clifford, Dana, Alexander, Calkins, Levy, Silver
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9704152

## How later opinions describe it (automated extraction)

- noting that it was “good practice” for “[t]he court [to] review[ ] [appellant’s] statement of the evidence, ma[k]e some modifications and additions to it based on its recollection of the proceedings, and approve[ ] the statement as modified.”
- noting with approval the appellant and the court’s implementation of Rule 5(d)
- noting an example of proper implementation of M.R.App. P. 5(d)

## Opinion text

DANA, J.,
dissenting.
[¶ 16] I respectfully dissent.
[¶ 17] The law authorizes the peaceful repossession of an automobile when the debtor is behind in his payments. 32 M.R.S. § 11017(1) (2006); 4 James J. White & Robert S. SummeRS, Uotform Commercial Code § 34-8 at 384-86 (5th ed. 2002). In order to accomplish a peaceful repossession, it is usually necessary to locate the vehicle when the debtor is not behind the wheel. Although a fact-finder might conclude that the creditor here caused the spouse of the debtor to be intimidated and fearful, in my view, such a fact-finder could not conclude that that was the creditor’s intent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9704152. Public record. Not legal advice.