Opinion
AP-16-0027
09-26-2016
THE PATTERSON COMPANIES, LLC, Plaintiff / Appellee v. JACOB JACKSON, Defendant/Appellant
ATTORNEYS FOR PLAINTIFF: ANNA POLKO CLARK DEFENDANT PRO SE: JACOB JACKSON
ATTORNEYS FOR PLAINTIFF: ANNA POLKO CLARK
DEFENDANT PRO SE: JACOB JACKSON
ORDER
Wayne R. Douglas Justice
This small claims appeal involves an action against a former tenant, Mr. Jackson, for damages arising out of the tenancy. Final hearing was held in Springvale District Court on June 16, 2016. Mr. Jackson failed to appear. The court issued a default judgment in the amount of $3, 788.79. On July 12, 2016 Jackson filed a notice of appeal requesting a jury trial de novo in Superior Court. The appeal is dismissed for two reasons. A defendant who fails to appear for the small claims trial in the District Court waives his right to a jury trial de novo in Superior Court. H & H Oil Co., Inc v. Dineen, 557 A.2d 604, 605 (Me. 1989). And, appellant has not filed an affidavit in support of his request that complies with the rules. See M.R.S.C.P. 11(d)(2); M.R. Civ. P. 80L(c)(1), M.R. Civ. P. 56(e). To the extent appellant has any remedies, they lie in the District Court.
Accordingly, it is hereby ORDERED and the entry is: Appeal is DISMISSED. Case is remanded to District Court for entry of final judgment.
The clerk may incorporate this order upon the docket by reference pursuant to Rule 79(a) of the Maine Rules of Civil Procedure.