Fitzgerald v. Bilodeau, 2006 ME 122

Summary

The Maine Supreme Judicial Court dismissed Daniel R. Bilodeau’s appeal from the denial of his motion to dismiss a child-custody modification proceeding on forum non conveniens grounds. The court held that, absent extraordinary circumstances, such a denial under the Uniform Child Custody Jurisdiction and Enforcement Act is interlocutory and not immediately appealable.

Holdings

1. Absent extraordinary circumstances, the denial of a motion to dismiss for forum non conveniens under the UCCJEA is interlocutory rather than a final judgment and is not immediately appealable.
2. None of Maine's recognized narrow exceptions to the final judgment rule—the judicial economy, collateral order, or death knell exceptions—applied to this appeal.

Questions Presented

1. Whether the denial of a motion to dismiss for forum non conveniens under the Uniform Child Custody Jurisdiction and Enforcement Act is a final judgment immediately appealable under Maine's final judgment rule.
2. Whether any exception to the final judgment rule permitted immediate appellate review of the denial of Bilodeau's forum non conveniens motion.

Disposition

dismissed