Dufour v. Silsby
| Decision Date | 14 September 1979 |
| Citation | 405 A.2d 737 |
| Parties | Roger DUFOUR v. William S. SILSBY, Jr., et al. |
| Court | Maine Supreme Court |
Lester T. Jolovitz (orally), Jolovitz & Niehoff, Waterville, for plaintiff.
Silsby & Silsby, Raymond L. Williams (orally), Ellsworth, for defendant.
Weeks, Hutchins, Frye & Welch by Roger A. Welch (orally), Waterville, for Sheridan Corp.
Before McKUSICK, C. J., and POMEROY, WERNICK, GODFREY, NICHOLS and GLASSMAN, JJ.
This is an appeal from what purports to be a judgment of the Superior Court in Kennebec County. The action, referred to a Referee by agreement of the parties, sought a money judgment and the enforcement of a lien on defendants' land and building to secure payment of the money damages. The Superior Court Justice, after modifying the report of the Referee, accepted it as modified. After further consideration, the Superior Court Justice entered an amended order purporting to dismiss Count II of the complaint and the third-party complaint.
The original order signed by the Presiding Justice read as follows:
It is ORDERED, ADJUDGED and DECREED that the Referee's Report is hereby modified to state as a finding of fact that in addition to the sum of $11,262.25 which the Defendant Silsbys admit they are indebted to the Plaintiff, the Plaintiff is entitled to $6,000.00 due him because the excavated fill could not be used for backfill and that new gravel backfill had to be provided. This finding is consistent with the evidence adduced. As modified, the Court hereby accepts and enters JUDGMENT on the Report of the Referee.
The Clerk merely entered the order verbatim into the docket.
The amended order signed by the Presiding Justice stated:
Pursuant to M.R.Civ.P. 53(e)(2), the Court, after further consideration, further modifies the Referee's report and hereby DISMISSES count II of the Complaint and DISMISSES the Third-Party Complaint. This action relieves the Court from ruling on the crossclaim of Sheridan Corp. v. Silsby.
Accordingly, the Court reaffirms judgment on the Report of the Referee.
So Ordered.
The Clerk made the following docket entry:
Amended order filed, accordingly, the Court reaffirms judgment on the report of the referee: s/ Justice.
We dismiss the appeal because no appealable judgment has been entered.
Rule 58, M.R.Civ.P., by its terms mandates that when the court directs that a party recover only money or costs or that all relief be denied, judgment shall be entered by the Clerk forthwith upon receipt by him of the direction. However, when the court directs entry of judgment for other relief, The court shall promptly settle or approve the form of the judgment and direct that it be entered by the Clerk.
The Referee's conclusions that the defendants are indebted to the plaintiff and that the plaintiff is entitled to a security lien on the judgment are only recommendations. As this Court noted in Adams v. Alley, Me., 308 A.2d 568, 571 (1973):
It could have no mandatory force against the Defendants, even after the acceptance of the Report, until it had been adopted by the Court if the Court saw fit to choose that method of palliating the wrong the Referee found was done . . . and incorporated into a judgment.
The notation of a judgment in the civil docket constitutes the entry of judgment. M.R.Civ.P. Rule 58.
The plaintiff in the action below sought both a money judgment and a lien against the defendants. Under the provisions of Rule 58, therefore, the Justice in his original order should have settled or approved...
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Murphy v. Maddaus
...the land and buildings to which the lien attaches," to be sure judgment is properly entered in accordance with Rule 58. Dufour v. Silsby, 405 A.2d 737, 739 (Me.1979). When a court amends a previous judgment and the docket merely reads, "[a]mended Divorce Judgment signed by J.L. Batherson, J......
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In re Estate of Libby
...an effective entry of judgment, see Town of Freeport v. Ocean Farms of Me., Inc. , 600 A.2d 402, 403 (Me. 1991) ; Dufour v. Silsby , 405 A.2d 737, 739 (Me. 1979), in this case we conclude that the court intended to "reflect[ ] an adjudication of the dispute[s] before the court" when it adop......
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S. H. Nevers Corp. v. Husky Hydraulics, Inc.
...report. For there to be a final judgment as to Nevers' claim against Canaan, a judgment must in fact be entered. Dufour v. Silsby, Me., 405 A.2d 737, 738 (1979); Adams v. Alley, Me., 308 A.2d 568, 571 (1973). Moreover, an entry of judgment on Nevers' claim alone would not be a final judgmen......
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