E. H. Parent, Inc. v. Aroostook Trust Co.
E. H. Parent, Inc. v. Aroostook Trust Co.
Opinion of the Court
MEMORANDUM OF DECISION.
In an action for damages filed in the Superior Court, Androscoggin County, de
An order on a motion for transfer of venue is interlocutory and not appealable. It is not a final judgment nor does it fall within the “collateral order” exception to the final judgment rule. 2 Field, McKusick & Wroth, Maine Civil Practice § 73.1 (2d ed. 1970). Accord, 16 Wright, Miller, Cooper & Gressman, Federal Practice & Procedure § 3931 (1977); 9 Moore’s Federal Practice ¶ 110.13[6] (1975).
A presiding Justice of the Superior Court may, upon obtaining agreement of the parties, transfer any civil action or proceeding from the Superior Court in one county to the Superior Court in another county in the judicial region in which the case originated. We do not express any opinion whether the Superior Court as a court of general statewide jurisdiction has a common law power to change venue for good cause, regardless of the parties’ agreement. See 1 Field, McKusick and Wroth, Maine Civil Practice § 0.8, at 6 (1977 Supp.), and authority there cited.
The entry must be:
Appeal dismissed.
. 14 M.R.S.A. § 508 (Supp. 1978) reads in part as follows:
Reference
- Full Case Name
- E. H. PARENT, INC. v. AROOSTOOK TRUST COMPANY
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