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D'Amico v. Childs

Supreme Judicial Court of Maine
Dec 7, 1993
634 A.2d 1271 (Me. 1993)

Opinion

Argued November 2, 1993.

Decided December 7, 1993.

Appeal from the Superior Court, Androscoggin County, Delahanty, C.J.

Kathleen Kienitz (orally), Clifford, Clifford Stone, Lewiston, for plaintiff.

Naomi Honeth (orally), Portland, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, COLLINS, RUDMAN and DANA, JJ.


MEMORANDUM OF DECISION.

Lori D'Amico appeals from a judgment denying her motion to reconsider and rescind pursuant to M.R.Civ.P. 60(b)(1) the dismissal of her claim against John W. Childs entered in the Superior Court (Androscoggin County, Delahanty, C.J.) because of her prior attorney's failure to file a report of conference of counsel, as required by M.R.Civ.P. 16(c)(1). Contrary to her contention, following repeated warnings as to the consequences of failing to file the report, it was not an abuse of discretion for the court to dismiss the underlying claim, Terjelian v. Concord Group Ins. Co., 606 A.2d 197 (Me. 1992), nor was it an abuse of discretion to refuse to rescind its prior order, Allen v. Allen, 603 A.2d 482, 483 (Me. 1992).

The entry is:

Judgment affirmed.

All concurring.


Summaries of

D'Amico v. Childs

Supreme Judicial Court of Maine
Dec 7, 1993
634 A.2d 1271 (Me. 1993)
Case details for

D'Amico v. Childs

Case Details

Full title:Lori D'AMICO v. John W. CHILDS

Court:Supreme Judicial Court of Maine

Date published: Dec 7, 1993

Citations

634 A.2d 1271 (Me. 1993)