Brown v. Habrle, 2006 ME 115

Summary

The Maine Supreme Judicial Court held that Maine Rule of Civil Procedure 53(e)(1) requires the clerk, rather than the referee or counsel, to mail parties notice of the filing of a referee’s report. Because the clerk failed to provide that notice, the ten-day period for filing objections did not begin to run, and the District Court abused its discretion by denying Habrle’s motion to vacate the divorce judgment. The judgment was vacated and the matter was remanded for further proceedings.

Holdings

1. Notice from a referee or counsel is not an adequate substitute for the clerk's mandatory obligation to mail the parties notice of the filing of a referee's report.
2. When the clerk fails to mail notice of the filing of the referee's report, the ten-day period for filing written objections under Rule 53(e)(2) does not begin to run.
3. The District Court exceeded the bounds of its discretion by denying Habrle's motion to vacate the divorce judgment because Habrle was entitled to the opportunity to file objections after receiving the Rule 53(e)(1) notice.

Questions Presented

1. Whether notice from a referee or counsel can satisfy Maine Rule of Civil Procedure 53(e)(1)'s requirement that the clerk mail the parties notice of the filing of a referee's report.
2. Whether the ten-day period for filing objections under Maine Rule of Civil Procedure 53(e)(2) begins to run when the clerk fails to provide the required notice of filing.
3. Whether the District Court abused its discretion by denying Habrle's motion to vacate the divorce judgment.

Disposition

vacated