Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Estate of Summers v. Nisbet

Supreme Court of Maine

June 7, 2016

ESTATE OF STEVEN SUMMERS et al.
v.
GREGORY NISBET

          Argued: April 7, 2016

         Cumberland County Superior Court docket number CV-2014-487

         On the briefs:

          John S. Campbell, Esq., Campbell & Associates, P.A., Portland, and Thomas F. Hallett, Esq., The Hallett Law Firm, Portland, for appellant Estate of Steven Summers

          Michael K. Martin, Esq., and Ryan C. Almy, Esq., Petruccelli, Martin & Haddow, LLP, Portland, for appellee Estate of Ashley E. Thomas

          Robert H. Furbish, Esq., Berman & Simmons, P.A., Lewiston, for appellee Estate of David R. Bragdon

          Gregory Nisbet, the Estate of Nicole Lyn Finlay, and the Estate of Christopher Conlee did not file a brief

         At oral argument:

          Thomas F. Hallett, Esq., for appellant Estate of Steven Summers

          Michael K. Martin, Esq., for appellee Estate of Ashley E. Thomas

          Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

          GORMAN, J.

         [¶1] The Estate of Steven Summers appeals from an order entered in the Superior Court (Cumberland County, Mills, J.) dissolving the attachment that it had received on an ex parte basis in connection with its complaint against Gregory J. Nisbet in December of 2014 and granting a new attachment after a hearing. The Estate of Summers contends that the court erred by concluding that the Estates of Ashley E. Thomas, Nicole Lyn Finlay, David R. Bragdon, and Christopher Conlee had standing to challenge its attachment order, and by dissolving the December 2014 attachment order and issuing a new attachment order. We affirm the court's confirmation of the attachment held by the Estate of Summers, but vacate the order to the extent that it dissolved the attachment issued after ex parte process and declined to effectuate that attachment as of its original date of entry.

         I. BACKGROUND

         [¶2] This consolidated matter stems from multiple complaints filed against Nisbet, the owner of an apartment building where several people died in a fire on November 1, 2014. Between November of 2014 and January of 2015, the estates of five of the people who died in the fire filed complaints in the Superior Court: (1) on November 21, 2014, Ashley Summers filed, individually and on behalf of her children and the Estate of Steven Summers; (2) on January 6, 2015, Nikki J. Thomas and Louis W. Thomas Jr. filed on behalf of the Estate of Ashley E. Thomas; (3) on January 20, 2015, Lisa Leconte Mazziotti filed on behalf of the Estate of Nicole Lyn Finlay; (4) on January 21, 2015, David R. Bragdon Sr. and Pamela B. Rhodus filed on behalf of the Estate of David R. Bragdon; and (5) on January 30, 2015, Kathleen Conlee filed on behalf of the Estate of Christopher Conlee. All five complaints allege various causes of action for wrongful death and pain and suffering based on similar facts-that the property was in a state of general disrepair, there were no ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.