Opinion
Civil Action CARSC-RE-15-032
04-09-2018
U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, a banking company duly organized and existing having a place of business in St. Paul, MN, Plaintiff v. Megan L. Carney, of Washburn, Aroostook County, Maine, Defendant And Cary Medical Center, of Portland, Maine, Party-In-Interest
ORDER REGARDING ATTORNEY FEES
TITLE TO REAL ESTATE IS INVOLVED
Before the Court is Defendant's Motion for Award of Legal Fees. For the following reasons, Defendant's motion is denied.
The Decision and Order that Plaintiffs Complaint for Foreclosure be dismissed with prejudice was entered and docketed January 17, 2018. That order made no provision for attorney fees, nor was the issue of fees reserved, as Defendant had not previously made a request for an award of fees. There was no evidence at trial regarding Defendant's fees nor was there any mention of requesting fees in Defendant's written post-trial arguments. Furthermore the Court has not found any pre-judgment pleadings in which Defendant was making a request for an award of fees. 14 MRS A §6101 does allow for an award of attorney fees in favor of a prevailing mortgagor, and the Defendant clearly prevailed in this action. Section 6101 does not however provide any procedural guidance for the making of such awards. M.R.Civ. P. 54(2) states: In an action in which there is a claim for attorney fees, a judgment entered on all other claims shall be final as to those claims unless the court expressly finds that the claim for attorney fees is integral to the relief sought.
As stated, Defendant did not make a claim for attorney fees, so the judgment is final. Assuming however a claim had been made or otherwise reserved, pursuant to M.R.Civ.P. 54(3), , .an application for the award for attorney fees shall be filed within 60 days after entry of judgment if no appeal has been filed. No appeal was filed in this case. The judgment was docketed January 17, 2018. Hence the deadline to apply for fees was March 19, 2018. Defendant's Motion (Application) for Fees was filed with the Court on March 26, 2018. Being untimely, and again no prior request for an award of attorney fees being made, the Defendant's motion for an award of attorney fees is denied.
Pursuant to M.R.Civ.P. 79(a) the clerk shall incorporate this Order by reference in the docket.