O'Connor v. Counseling

2 Citing cases

  1. Warren Constr. Grp., LLC v. Reis

    107 A.3d 1120 (Me. 2014)   Cited 1 times

    In particular, “[a] court order that adjudicates less than all the claims ... does not terminate the action as to any of the claims ...,” Sanborn v. Sanborn, 2005 ME 95, ¶ 4, 877 A.2d 1075, and “an appeal taken from entry of a partial summary judgment is generally interlocutory and nonappealable.” O'Connor v. Counseling Servs., Inc., 2008 ME 114, ¶ 3, 951 A.2d 78; see also Me. Health Alliance v. Med. Mut. Ins. Co. of Me., 2003 ME 144, ¶ 8, 837 A.2d 135 (dismissing an appeal from summary judgment that did not address all of the counts in a complaint). Although neither party has challenged the finality of the judgment, “we are obliged to raise the issue on our motion.”

  2. Irving Oil Ltd. v. Ace Ina Ins.

    2014 Me. 62 (Me. 2014)   Cited 18 times

    [¶ 9] Because the entry of a partial summary judgment “does not dispose of all issues in controversy,” Norton v. Town of Long Island, 2003 ME 25, ¶ 6, 816 A.2d 59, “[w]e ... recognize[ ] that [it] is not a judgment on the whole case and that an appeal taken from entry of a partial summary judgment is generally interlocutory and nonappealable.” O'Connor v. Counseling Servs., Inc., 2008 ME 114, ¶ 3, 951 A.2d 78. Accordingly, we will dismiss this interlocutory appeal unless an exception to the final judgment rule applies. See id.;Norton, 2003 ME 25, ¶ 6, 816 A.2d 59.