Sharp v. Sharp

1 Citing case

  1. Warren v. Waterville Urban Renewal Authority

    259 A.2d 364 (Me. 1969)   Cited 9 times
    In Warren v. Waterville Urban Renewal Authority, 1969, Me., 259 A.2d 364, we reviewed the procedural legal activity carried on by the plaintiff in an effort to prevent the Court's decree of December 12, 1968 from operating as an adjudication upon the merits mandated by the provisions of Rule 41(b) (3), M.R.C.P. The plaintiff's attempt to secure a reconsideration of the Superior Court's ruling on the motion to dismiss and obtain a reinstatement of her amended complaint failed on appeal by reason of the untimeliness of her motion to vacate and/or modify the judgment of dismissal.

    We conclude that plaintiff's motion to vacate and/or modify the judgment of dismissal in the instant case, ostensibly used as a means to obtain reconsideration of a judgment, decree or order finally disposing of the action before trial under Rule 12(b) (6) is within the coverage of Rule 59(e) and, if served not later than 10 days after entry of the judgment, decree and order, terminates under Rule 73(a) the running of the appeal time. Woodham, supra; Sharp v. Sharp, 1966, 196 Kan. 38, 409 P.2d 1019; 3 Barron Holtzoff, Federal Practice and Procedure, ยง 1308. The denial of her motion on April 21, 1969 by the second justice on grounds of intracourt policy did not aggrieve the plaintiff as the motion was subject to dismissal for untimeliness, since the service of her motion had been made on January 10, 1969, a date much beyond 10 days after the dismissal judgment of December 12, 1968.