Luchetti v. Luchetti
| Decision Date | 24 May 1982 |
| Citation | 445 A.2d 675 |
| Parties | Carol J. LUCHETTI v. Edward D. LUCHETTI. |
| Court | Maine Supreme Court |
Carol Luchetti, pro se.
Conte, Growe, Lunn & McCue, Carl D. McCue (orally), William W. Conte, Bangor, for defendant.
Before McKUSICK, C. J., GODFREY, NICHOLS, ROBERTS, VIOLETTE and WATHEN, JJ., and DUFRESNE, A.R.J.
On June 27, 1977, the District Court (Piscataquis) entered a divorce judgment dissolving the marriage of Edward and Carol Luchetti, and awarding Mrs. Luchetti custody of their three minor children. The divorce decree further provided that Mr. Luchetti was to pay his former wife $15.00 per week per child for the support of the children. In January 1981, the defendant, Mr. Luchetti, filed a motion in District Court to alter the divorce decree seeking custody of the three children and money for their support from his former wife. Mrs. Luchetti then filed a motion for arrearages. After a hearing in District Court, judgment was entered denying the motion for arrearages and granting the motion to alter the divorce decree. The judgment amended the divorce decree to reflect the award of custody of the three children to Mr. Luchetti, and Mrs. Luchetti's obligation of support in the amount of $5.00 per week per child. The defendant appealed the judgment, on the issue of the amount of support his former wife was obligated to pay, pursuant to D.C.Civ.R. 73(a) to the Superior Court, Piscataquis County. The plaintiff, Mrs. Luchetti cross-appealed the denial of her motion for arrearages. After a hearing, the Superior Court entered the following judgment:
The appeal by the defendant is hereby denied.
The cross-appeal by the plaintiff is hereby affirmed and the case is remanded to the District Court for further proceedings in accordance with this order.
The defendant is the only party who has appealed the judgment of the Superior Court. The defendant raises two claims of error on appeal (1) that the amount of support awarded in the District Court reflects an abuse of discretion by the presiding judge; and (2) that the Superior Court erred in sustaining plaintiff's appeal on arrearages and remanding that issue to the District Court for further proceedings.
We dismiss the appeal because it is taken from an interlocutory judgment, rather than a final judgment, in circumstances inappropriate for an interlocutory appeal.
Rule 73(a) of the District Court Civil Rules which became effective in 1976, governs appeals to the Superior Court in domestic relations cases. In a 1976 Advisory Committee note, the Committee stated:
...
To continue reading
Request your trial
-
Thompson v. Rothman
...remands a case to the District Court for further action, the judgment is not final for purposes of appeal. See Luchetti v. Luchetti, 445 A.2d 675, 676 (Me.1982) (per curiam); MacDougall v. MacDougall, 403 A.2d 783, 784 (Me.1979). Here, however, the only action left to the District Court und......
-
Duffy v. Duffy
...a new trial would support similar contentions. See Bernat v. Handy Boat Service, Inc., Me., 239 A.2d 651 (1968); cf. Luchetti v. Luchetti, Me., 445 A.2d 675 (1982) (Superior Court remand to District Court is an interlocutory order and therefore not appealable); Hanley v. Evans, Me., 443 A.2......
-
Harris Baking Co. v. Maine Employment Sec. Com'n
...Court, remanding the case to the administrative agency for further proceedings, was interlocutory and not appealable. Cf. Luchetti v. Luchetti, 445 A.2d 675 (Me.1982) (Superior Court order remanding case to District Court for further proceedings not appealable); Bernat v. Handy Boat Service......
-
MacKerron v. MacKerron
...an interlocutory judgment, rather than a final judgment, in circumstances inappropriate for an interlocutory appeal. Luchetti v. Luchetti, 445 A.2d 675, 676 (Me.1982); MacDougall v. MacDougall, 403 A.2d 783, 784 The entry is: Appeal dismissed. All concurring. ...