Hilaire v. International Paper Realty Corp.

Supreme Judicial Court of Maine
Hilaire v. International Paper Realty Corp., 528 A.2d 446 (Me. 1987)
1987 Me. LEXIS 749
Clifford, Glassman, McKusick, Nichols, Scolnik

Hilaire v. International Paper Realty Corp.

Opinion of the Court

PER CURIAM.

The Plaintiff, Clement A. St. Hilaire, appeals from a summary judgment entered for the Defendant, International Paper Realty Corporation, in Superior Court (Oxford County) in his action asserting that the Defendant breached a contract between them and, while resurveying a certain lot on Garland Pond, in Byron, committed a trespass against him as well. He further alleged that the Defendant violated a stay of this action.

Upon the record before it, the Superior Court could properly conclude that there was no contract between the parties that denied the Defendant a right to resurvey, that the Defendant did not trespass and that no stay of proceedings had been ordered by any court whatsoever.

We conclude, therefore, that the Plaintiff’s appeal is frivolous. Accordingly, we impose sanctions upon him pursuant to M.R.Civ.P. 76(f) because the Plaintiff’s appeal has increased the cost of, and delayed, this litigation while also serving to dissipate the time and resources of this Court.

The entry is:

Judgment affirmed.

Treble costs awarded to the Defendant.

All concurring.

Reference

Full Case Name
Clement A. ST. HILAIRE v. INTERNATIONAL PAPER REALTY CORPORATION
Cited By
2 cases
Status
Published