[¶1] Leslie and Nancy Niedner appeal from a judgment entered in the Superior Court (Kennebec County, Marden, J.) finding that David E. Hamlin obtained title to a disputed parcel of land by either acquiescence or adverse possession. The Niedners argue that the court's findings are contradictory and are not supported by the record. Because the findings are contradictory and there is insufficient evidence to support a finding of either title by adverse possession or title by acquiescence, we...  

[¶1] Yim K. Cheung appeals and Wing Ki Wu and Cindy Wu cross-appeal from a judgment of the District Court (Augusta, Studstrup, J.), entered on remand from this Court.1 Cheung argues that the court abused its discretion by awarding him only $10,000 in attorney fees and that the court erred by improperly applying M.R. Civ. P. 37(c) and failing to award any legal fees under that Rule. The Wus argue that the court erred when it improperly imposed interest on the underlying judgment without...  

[¶1] Pending before the Court1 is Herbert Hoffman's motion for stay of the mandate in the above-captioned matter. Hoffman seeks the stay in order to obtain a review of our opinion by the United States Supreme Court. We have received Hoffman's motion; the opposition of John Knutson; an affidavit from Julie L. Flynn, Deputy Secretary of State; and Hoffman's supplemental statement in support of his motion for a stay... [¶2] By rule, the Court's mandate would have issued fourteen days...  

[¶1] The City of South Portland appeals from a summary judgment entered in the Superior Court (Cumberland County, Cole, J.), in favor of the Maine Municipal Association (MMA). The court entered summary judgment after concluding that MMA had no duty under the policy it issued to the City to indemnify the City for a judgment the City had paid to Joseph Frustaci pursuant to 23 M.R.S. § 3029 (2007), for damages resulting from the City's discontinuance of two public roads that abutted...  

[¶1] Robin Anderson appeals from an order granting her son's paternal grandparents' motion to intervene in the parental rights and responsibilities case brought by her son's father, Jeffrey A. Davis, entered in the District Court (West Bath, Field, J.). Anderson contends that: (1) her interlocutory appeal should be heard because it meets the death knell exception to the final judgment rule; (2) the court erred in granting the grandparents' motion; and (3) 19-A M.R.S. § 1653(2)(B)...  

[¶1] Katherine M. Webber appeals from a judgment of the District Court (Wiscasset, Tucker, J.) that included an award of attorney fees and costs in favor of Ernest W. Marshall, her former tenant, in a post-eviction personal property dispute following a trial and a later hearing on damages. Although Webber contests the factual findings of the court, she has not supplied a transcript of either hearing as part of the record on appeal. See M.R. App. P. 5(b)(2)(A) (requiring a transcript of all...  

[¶1] Kelly DeCambra appeals from a judgment entered in the Superior Court (York County, Brennan, J.) granting Kimberly and Samantha Carson's motion for summary judgment on DeCambra's complaint alleging their negligence in the wrongful death of DeCambra's son.1 We affirm the judgment... I. FACTS AND PROCEDURE... [¶2] The following facts are undisputed, except where noted. At all pertinent times, Kelly DeCambra has been the personal representative of the estate... ... ... of her son,...  

[¶1] We are presented with two questions in this challenge by John Knutson to the potential nonparty candidacy of Herbert J. Hoffman for the office of United States Senator. Both are questions of first impression... [¶2] The first question is as follows: when petitions in support of a prospective candidate are circulated for signatures, must the circulator have direct personal contact with potential signors and observe the signatures, or is it sufficient that the circulator be in some...  

[¶1] The State appeals a judgment entered in the Superior Court (Knox County, Marden, J.) ordering that: (1) the Department of Corrections (DOC) immediately deliver Michael J. James to the custody of the Commissioner of the Department of Health and Human Services (DHHS) for placement in a treatment facility for the mentally ill in accordance with an order resulting from a determination of not criminally responsible in one criminal matter; and (2) James's pre-existing prison sentence...  

[¶1] In this appeal, we are asked to determine whether the entry of a provisional order that reinstates voluntarily paid benefits pending a ruling on a petition for review is an "order or award of compensation or compensation scheme" that (1) is governed by 39-A M.R.S. § 205(9)(B)(2) (2007), and (2) requires continued payments until the dispute resolution process had been completed, pursuant to section 205(9)(B)(2). We determine that such a provisional order is not governed by...  

[¶1] John Barretto appeals from a judgment of conviction of aggravated assault (Class B), 17-A M.R.S. § 208(1)(B), (2) (2007), entered in the Superior Court (Aroostook County, Hunter, J.) upon a jury verdict of guilty. Barretto argues that, in addition to the court's instruction on the use of deadly force in self-defense, an instruction on the use of nondeadly force in self-defense was generated by Barretto's testimony that he was defending himself from attack when he used a knife...  

[¶1] Lorne Melvin appeals from a judgment of conviction for operating with a false logbook (Class E), 29-A M.R.S. § 558(1-B)(A) (2007), entered on his conditional guilty plea in the District Court (Millinocket, Stitham, J.). Melvin contends that the court erred in denying his motion to suppress evidence obtained during a warrantless search of his tractor-trailer. We affirm the judgment... I. BACKGROUND... [¶2] On the morning of May 26, 2006, while driving north on Interstate 95,...  

[¶1] Nicholas Webster appeals from a judgment of the Superior Court (Cumberland County, Gorman, J.) of conviction of attempted gross sexual assault (Class B), 17-A M.R.S. § 253(1)(B) (2007), 17-A M.R.S. § 152(1)(B) (2007), and solicitation of a child by computer (Class D), 17-A M.R.S. § 259(1-A) (2007), upon a jury verdict finding him guilty. On appeal, Webster argues that the statutory provisions of criminal attempt and gross sexual assault are inconsistent and in conflict...  

[¶1] John and Westie Krysa appeal from a judgment of the Superior Court (York County, Brennan, J.), entered after a non-jury trial, concluding that the Weeks and Hutchinson families (the Weekses) established title to an undeveloped, waterfront lot by adverse possession. The Krysas argue that the court erred in concluding that the Weekses' use and possession of the disputed parcel satisfied the elements of adverse possession. Because the evidence in the record, construed most favorably to...  

[¶1] Rangeley Crossroads Coalition (Coalition) appeals, pursuant to 12 M.R.S. § 689 (2007) and M.R. Civ. P. 80C, from a judgment of the Superior Court (Franklin County, Jabar, J.) affirming a decision of the Land Use Regulation Commission (LURC) to authorize Nestle Waters North America, Inc.'s (Nestle) proposed water extraction facility in Dallas Plantation, Franklin County. The Coalition argues that (1) LURC's decision was arbitrary, capricious, legally erroneous, and unsupported by...  

[¶1] The State appeals from a judgment of the Superior Court (Kennebec County, Mills, J.) granting Dwayne Stevens's motion to dismiss with prejudice his indictment for operating under the influence (Class C), 29-A M.R.S. § 2411(1-A)(D)(2) (2005).1 On appeal, the State contends that (1) it timely filed its motion to amend the indictment in accordance with the pertinent court order, and (2) the Superior Court's granting of Stevens's motion to dismiss with prejudice was without legal...  

DECISION ON CERTIFICATION OF NOMINEE... [¶1] The Deputy Secretary of State has notified the Clerk of the Supreme Judicial Court that, at the conclusion of the recount in the 2008 Democratic Party Primary Election between Melissa Walsh Innes and Kimberly A. McLaughlin for House District 107, there were enough disputed ballots to affect the outcome of that primary race, and those disputes must be resolved. We exercise our jurisdiction over the matter, see 21-A M.R.S. § 737-A(10) (2007);...  

[¶1] Camden National Bank appeals from the judgment of the Superior Court (Penobscot County, Mead, J.) entered following a jury trial held in connection with Anne Morrow's counterclaims for negligence and breach of fiduciary duty brought against Camden National Bank in response to the Bank's complaint against Morrow and Crest Construction, Inc. for foreclosure. The jury found in favor of Morrow on those counterclaims and the court subsequently denied the Bank's M.R. Civ. P. 50(b) motion...  

[¶1] Timothy O'Connor, the personal representative of the Estate of his late wife, Tracy O'Connor, appeals a partial summary judgment entered on his claims of professional negligence and wrongful death in the Superior Court (York County, Fritzsche, J.) in favor of Brendan Kirby, M.D., Theresa Dube, LCPC, and Counseling Services, Inc. (CSI). O'Connor argues that: the Superior Court erred in applying the Maine Tort Claims Act; Maine recognizes a duty to warn third parties of a foreseeable...  

[¶ 1] Daniel P. Roberts appeals from a judgment of conviction entered in the Superior Court (Androscoggin County, Wheeler, J.) on a jury verdict finding him guilty of murder, 17-A M.R.S. § 201(1)(A) (2007). Roberts raises numerous contentions with regard to the admission or exclusion of evidence at trial, including that the court erred by: (1) admitting evidence of vandalism to the victim's and other person's vehicles; (2) admitting two photographs of the victim and her daughter; (3)...