Opinion
CARSC-AP-2018-01
03-22-2018
M & S REALTY INC PLAINTIFF v. ELIZABETH A. ROVITO DEFENDANT
Appellant: Elizabeth Alessandra Rovito Pro Se Appellee: M & S Realty Inc. Attorney Richard Solman, Esq. Solman & Hunter, PA
Appellant: Elizabeth Alessandra Rovito Pro Se
Appellee: M & S Realty Inc. Attorney Richard Solman, Esq. Solman & Hunter, PA
ORDER IN RESPONSE TO DEFENDANT'S LETTER FILED MARCH 22, 2018 291 W. MAIN STREET, APT. 202, FORT FORT KENT, MAINE
On March 22, 2018 Defendant filed with the Court a letter in which she challenges the Court's Order Regarding Stay Pending Appeal dated March 19, 2018. In short, Defendant asserts she should not be ordered to pay rent pending the appeal. As the Court stated in its prior order, per Maine statute a stay of issuance of the writ of possession pending the appeal shall be conditioned upon payment of rent.
Defendant also complains about the hearing being held by conference call. The hearing on the stay was properly set and noticed by the Court. The Notice was dated and issued on March 7, 2018, indicating the hearing was set for March 19, 2018. The Court allowed Defendant to participate by telephone as an accommodation to her when she contacted the Court the morning of the hearing and stated she had just received the Notice of Hearing and could not get herself to Caribou.
In her letter Defendant also raises for the first time issues of habitability. The Court notes that Plaintiff initiated this eviction pursuant to a seven (7) Notice to Quit. Defendant not vacating the premises, Plaintiff served the Defendant and filed with the District Court a Complaint for Forcible Entry and Detainer, but Defendant failed to appear for the hearing. Accordingly, the District Court found the Defendant failed to appear and entered judgment by default for Plaintiff. In her Notice of Appeal, Defendant indicated she was appealing questions of law related to due process and service, flab stability has never been properly raised as an issue.
Accordingly, any requests for relief being made by Defendant in her letter dated March 22, 2018 are denied, and the Court's Order dated March 19, 2018 remains in full force and effect The entry is:
1. Defendant's requests for relief in her letter filed with the Court on March 22, 2018 are denied.
2. The Clerk is directed to incorporate this Order into the docket by reference pursuant to M.R.Civ, P.79(a).