Illian v. Chuluda

Full title: MARK ILLIAN, Plaintiff/Appellee, v. LISA CHULUDA, Defendant/Appellant.

Court: Superior Court of Maine, Cumberland

Date published: Jul 25, 2022

No. AP-2022-23 (Me. Super. Jul. 25, 2022)

Opinion

Civil Action AP-2022-23

07-25-2022

MARK ILLIAN, Plaintiff / Appellee, v. LISA CHULUDA, Defendant / Appellant.

Plaintiff's Attorney: Neal Weinstein, Esq. of Law Offices of Neal Weinstein Defendants Attorney: Katherine McGovern, Esq. of Pine Tree Legal Assistance (pending motion to withdraw as counsel)

MaryGay Kennedy Justice

Plaintiff's Attorney: Neal Weinstein, Esq. of Law Offices of Neal Weinstein

Defendants Attorney: Katherine McGovern, Esq. of Pine Tree Legal Assistance (pending motion to withdraw as counsel)

ORDER DISMISSING APPEAL

MaryGay Kennedy Justice

This matter is before the Court on Plaintiff/Appellee Mark Illian's Motion to Dismiss Appeal and for Writ of Possession to Issue. Defendant/Appellant Lisa Chuluda failed to timely oppose the motion. "When a motion is unopposed, the court need not reach the merits of the motion because, under Rule 7(c)(3), the adverse party has waived any objection to it." Petit v. Lumb, 2014 ME 117, ¶ 8, 103 A.3d 205. Accordingly, the Court grants Illian's Motion and dismisses Chuluda's appeal.

The entry is:

Plaintiff/Appellee Mark Illian's Motion to Dismiss Appeal and For Writ of Possession to Issue is GRANTED. Defendant/ Appellant Lisa Chuluda's Appeal is DISMISSED. The writ of possession may issue pursuant to 14 M.R.S. § 6005.

The Clerk is directed to incorporate this Decision and Order into the docket by reference pursuant to Maine Rule of Civil Procedure 79(a).