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Daud v. Abdullahi

Supreme Judicial Court of Maine

May 5, 2015

HUDA D. DAUD
v.
BADAL H. ABDULLAHI

Submitted on Briefs February 26, 2015.

Judgment affirmed.

On the briefs:

Christopher R. Causey, Esq., Law Offices of Christopher R. Causey, Portland, for appellant Badal H. Abdullahi.

Brittany Sawyer, Stud. Atty., and Deirdre M. Smith, Esq., Cumberland Legal Aid Clinic, Portland, for appellee Huda D. Daud.

Panel: ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 78

HJELM, J.

[¶1] Badal H. Abdullahi appeals from a protection from abuse order entered by the District Court (Lewiston, Carlson, J. ) limiting his contact with Huda D. Daud and their two minor children. Abdullahi argues that the court erred by denying his motion to continue the hearing, which he made orally at the hearing after the attorney he reportedly retained did not appear. Because the trial court acted within its discretion when it denied the motion, we affirm the judgment.

I. BACKGROUND

[¶2] On April 24, 2014, Daud filed a complaint seeking a protection order against Abdullahi for herself and their two children. The court ( Lawrence, J. ) issued a temporary order that day, see 19-A M.R.S. § 4006(5) (2014), and scheduled a

Page 79

hearing for May 9, 2014. Abdullahi was served with the complaint and the temporary order, which contained notice of the hearing, on May 1, 2014.

[¶3] Both Daud and Abdullahi attended the hearing, and Daud was represented by counsel. At the beginning of the hearing, Abdullahi requested a continuance because his attorney was not present. See M.R. Civ. P. 40. He explained that he had talked to an attorney two days earlier and expected the attorney to meet him at the courthouse for the hearing. Daud objected to the continuance, arguing that Abdullahi was served with the complaint eight days before the hearing and had sufficient time to secure counsel. The ...


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