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Northeast Bank of Lewiston Auburn v. Murphy

Supreme Judicial Court of Maine
Apr 22, 1988
540 A.2d 1114 (Me. 1988)

Opinion

Argued March 22, 1988.

Decided April 22, 1988.

Appeal from the Superior Court, Androscoggin County.

Jeffrey Rosenblatt, Paul F. Macri, (orally), Berman, Simmons Goldberg, Lewiston, for plaintiff.

Daniel J. Murphy (orally), Lewiston, pro se.

James A. McCormack (orally), Richardson Troubh, Portland, for Fireman's Fund Ins. Co.

Before NICHOLS, WATHEN, GLASSMAN and CLIFFORD, JJ.


MEMORANDUM OF DECISION.

Defendant Daniel J. Murphy appeals from a Superior Court, Androscoggin County, order denying his September 17, 1987, motion brought under M.R.Civ.P. 60(a) for correction of a November 13, 1986, judgment assessing prejudgment interest on an award of attorney fees running against him. Since the assessment of prejudgment interest on the award of counsel fees resulted from a deliberate decision on the part of the Superior Court and clearly was not a clerical error, a Rule 60(a) motion was an inappropriate vehicle to obtain relief from the judgment, and the motion was properly denied. See Davis v. Bruk, 411 A.2d 660, 666-67 (Me. 1980); 2 Field, McKusick Wroth, Maine Civil Practice § 60.2 (2d ed. 1970 Supp. 1981). Nor would it have been appropriate for the Superior Court to have considered the motion as one made under M.R.Civ.P. 60(b) since the court had previously denied a Rule 60(b) motion filed by Murphy and directed at the same November 13, 1986, judgment.

The entry is:

Judgment affirmed.

All concurring.


Summaries of

Northeast Bank of Lewiston Auburn v. Murphy

Supreme Judicial Court of Maine
Apr 22, 1988
540 A.2d 1114 (Me. 1988)
Case details for

Northeast Bank of Lewiston Auburn v. Murphy

Case Details

Full title:NORTHEAST BANK OF LEWISTON AUBURN v. Daniel J. MURPHY and Fireman's Fund…

Court:Supreme Judicial Court of Maine

Date published: Apr 22, 1988

Citations

540 A.2d 1114 (Me. 1988)