Opinion
Civil Action CV-13-206
06-27-2017
PAUL LEVESQUE, et al, Plaintiffs v. DANIEL G. LILLEY, ESQ., et al, Defendants
ORDER
THOMAS D. WARREN JUSTICE.
Before the court is a motion dated May 22, 2017 to substitute Annette Lilley, as Personal Representative of the Estate of Daniel G. Lilley, for Daniel G. Lilley. At this point, the motion appears to be unnecessary because the court has previously ruled that the remaining counterclaims belong to Daniel G. Lilley Law Offices P.A. and can be pursued by the co-receivers of the Lilley Law Office. See September 2, 2016 order at 5 n.2.
Nevertheless, the court sees no reason not to allow substitution in the event that there are any future proceedings involving claims held by Daniel G. Lilley personally. The court has considered the opposition filed by party in interest John Flynn and declines his invitation to reconsider its prior rulings that the Lilley Law Office can pursue claims of unjust enrichment and quantum meruit in light of the Law Court's recent decision in Knope v. Green Tree Servicing LLC, 2017 ME 95.
Theoretically these could involve an appeal of the court's ruling that the remaining counterclaims belong to the Lilley Law Office as opposed to Lilley personally.
The entry shall be:
The May 22, 2017 motion to substitute Annette Lilley, as Personal Representative of the Estate of Daniel G. Lilley, for Daniel G. Lilley is granted. The Clerk is directed to incorporate this order in the docket by reference pursuant to Rule 79(a).