DelRosso v. DeSanctis
DelRosso v. DeSanctis
Opinion of the Court
Julio V. DeSanctis, III appeals from a judgment entered in the Superior Court (Pe-nobscot County, Marsano, J.) dismissing his appeal from the judgments entered in the District Court (Bangor, Mead, J.) in small claims actions. The District Court found for Thomas DelRosso, Robert Harby, Scott Stevens, James Germani and Scott Spence [hereinafter plaintiffs] on their theories of breach of contract and negligence. We
The plaintiffs were five college students who entered into a lease agreement with DeSanetis to rent his building for the term of September 1, 1990 to August 31, 1991. On January 17, 1991 there was an electrical fire in the building. The local code enforcement officer immediately declared the building uninhabitable, and the interior of the apartment and appliances were subsequently damaged by unknown individuals.
DeSanetis appealed to the Superior Court and requested a jury trial de novo pursuant to M.R.Civ.P. 80L. On review of the affidavits and the entire record, the court found that issues of triable fact existed. The court also found, however, that the parties had entered into a lease agreement waiving then-right to a jury trial. The relevant portion of the lease reads:
Lessor and Lessees agree that any dispute relative to the obligations of either party to this Lease shall be resolved as follows:
Informal discussion by the parties with a good faith effort to resolve the dispute. Non-binding Mediation in good faith with a District Court Mediator (the cost of said Mediator to be shared equaly [sic] by the parties) Legal action in the Maine District Court in Bangor, Maine Appeal on issues of Law to the Superior Court, Penobscot County Either party may appeal any adverse decision of the Superior Court to the Supreme Judicial Court.
Lessor and Lessee agree that pending the outcome of such dispute resolution as outlined above that rent continues to be due and payable. In the event the rent has not been paid or is in arrears by 14 days or more the parties agree that Mediation may be dispensed with and both parties agree to submit themselves to the jurisdiction of the Maine District Court for the factual resolution of any dispute regarding this Lease. Said factual resolution to be binding except for the right of appeal on issues of Law.
Concluding that this waiver language was binding on DeSanetis, the landlord/lawyer who drafted the lease, the court dismissed his appeal.
DeSanetis submits that the court erred in raising sua sponte the issue of the lease. In considering an appeal from the District Court in a small claims action,
The entry is:
Judgment affirmed.
All concurring.
. DeSanetis argued that the plaintiffs were responsible for the damage because they were the only individuals with keys, the windows had been boarded up, and the building was otherwise inaccessible. The District Court found that the evidence did not show by a preponderance of the evidence that the plaintiffs or their agents had any responsibility for the damage. This issue has not been raised on appeal.
. DeSanetis also contends that the lease called for resolution in the District Court and that the action in "small claims court” does not meet this requirement. This assertion is unfounded. 14 M.R.S.A. § 7481 (Supp. 1993) states:
There is established a small claims proceeding for the purpose of providing a simple, speedy and informal court procedure for the resolution of small claims. It shall be an alternative, not an exclusive, proceeding. The District Court shall have jurisdiction of small claims actions....
There is no formal entity designated "the small claims court.” There are only small claims actions in the District Court.
Reference
- Full Case Name
- Thomas E. DelROSSO v. Julio V. DeSANCTIS, III
- Status
- Published