Opinion
SUPERIOR COURT CIVIL ACTION Docket No. CV-13-366
11-14-2013
DUNG V. HO, Plaintiff v. TAI X. HUYNH, Defendant
STATE OF MAINE
CUMBERLAND, ss
ORDER
By order dated 8/20/13, the court granted the plaintiff's motion for ex parte attachment and trustee process. On 10/9/13, the defendant moved to dissolve the attachment. The plaintiff responded on 10/30/13. On 11/1/13, the court granted the defendant's motion to dissolve the attachment.
The plaintiff now moves for findings of fact and conclusions of law and for a temporary stay of the court's order dissolving the attachment.
Findings of fact and conclusions of law are not required for an order dissolving attachment. M.R. Civ. P. 52(a). Further, the plaintiff has not "indicate[d] the conclusions on which additional fact-finding is desired and . . . [has not] suggeste[d] particular facts to be found that are supported by the record and are relevant to the conclusion at issue." Wandishin v. Wandishin, 2009 ME 73, ¶ 18, 976 A.2d 949.
After reviewing the submissions of both parties, the court does not conclude it is more likely than not that the plaintiff will recover judgment. The parties have very different accounts of the history of their relationship. For example, the defendant has produced a partnership agreement that the plaintiff denies having seen prior to this lawsuit. (Def.'s Aff. ¶ 3 & Ex. A; Pl.'s Aff. ¶ 5.) Credibility determinations will be important at trial.
The entry is
The Plaintiff's Motion for Findings of Fact and Conclusions of Law is DENIED.Date: November 14, 2013
The Plaintiff's Motion for Temporary Stay of the Order Dissolving the Attachment is DENIED.
/s/_________
Nancy Mills
Justice, Superior Court