ESTATE OF STEVEN SUMMERS et al.
Argued: April 7, 2016
County Superior Court docket number CV-2014-487
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
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
F. Hallett, Esq., for appellant Estate of Steven Summers
Michael K. Martin, Esq., for appellee Estate of Ashley E.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM,
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.
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 ...