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City of Lewiston v. Cloutier Realty
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MAINE SUPREME JUDICIAL COURT
Decision: 2002 ME 72
Docket: And-01-742
Submitted
on Briefs: April 18, 2002
Decided: April 26, 2002
Panel: SAUFLEY, C.J., and RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY, JJ.
CITY OF LEWISTON
v.
CLOUTIER REALTY, INC.
PER CURIAM
Cloutier Realty, Inc. appeals from a judgment entered in the District
Court, (Lewiston, Mullen, J.) finding it in civil contempt of a prior order
directing it to correct fire code violations at its apartment building. Cloutier
Realty failed to file an appendix in conformity with M.R. App. P. 8 (a). The
Maine Rules of Appellate Procedure provide for the dismissal of an appeal as a
sanction for failure to comply with rules governing appendices. M.R. App. P. 8
(j). Cloutier Realty also raises no substantive issues on appeal nor provides
legal authority for its assertions. We therefore find its appeal frivolous and
assess sanctions of $500 and costs and attorney fees pursuant to 30-A M.R.S.A
§ 4452 (3) (D) (1996).
The entry is:
Appeal dismissed with sanctions against
the appellant in the amount of $500.
Remand to the District Court for it to
assess reasonable attorney fees and
expenses against appellant.
Attorney for plaintiff:
David C. Pierson, Esq.
Hark · Andrucki
P O Box 7120
Lewiston, ME 04243-7120
For defendant:
Fernand L. Cloutier
13 Ventura Street
Lewiston, ME 04240
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