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City of Lewiston v. Cloutier Realty Download as PDF Back to the Opinions page 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