Summary
The Maine Supreme Judicial Court affirmed a divorce judgment and the denial of Dusty Haskell’s motions for a new trial and relief from judgment. The court held that Dusty’s failure to update his mailing address, monitor proceedings, attend hearings, and file a financial statement did not establish excusable neglect, misconduct, or a due-process violation. The court also upheld the award of $6,000 per month in spousal support as supported by the evidence and within the trial court’s discretion.
Holdings
- The District Court did not abuse its discretion in denying relief from the divorce judgment because Dusty failed to establish fraud, misrepresentation, misconduct, mistake, surprise, excusable neglect, or another reason justifying relief.
- The District Court did not abuse its discretion in awarding Pamela $6,000 per month in spousal support because the judgment was supported by competent evidence, referenced the applicable statutory factors, and produced an award within the bounds of reasonableness.
Questions Presented
- Whether the District Court abused its discretion by denying Dusty's motion for relief from the divorce judgment under Maine Rule of Civil Procedure 60(b) based on lack of notice, mistake, surprise, fraud, misrepresentation, misconduct, or excusable neglect.
- Whether the spousal-support award was improper because the evidence admitted at the final divorce hearing did not sufficiently establish Dusty's ability to pay.
Disposition
affirmed
Cases Cited (9)
- Ringuette v. Ringuette, 594 A.2d 1076, 1078 (Me. 1991)(followed)
- Wooldridge v. Wooldridge, 2008 ME 11, ¶ 7, 940 A.2d 1082(followed)
- McLeod v. Macul, 2016 ME 76, ¶ 6, 139 A.3d 920(followed)
- Foley v. Adam, 638 A.2d 718, 719 (Me. 1994)(followed)
- Ezell v. Lawless, 2008 ME 139, ¶ 22, 955 A.2d 202(followed)
- Portland Pipe Line Corp. v. Environmental Improvement Commission, 307 A.2d 1, 15 (Me. 1973)(followed)
- Bank of America, N.A. v. Camire, 2017 ME 20, ¶ 8, 155 A.3d 416(followed)
- Dube v. Dube, 2016 ME 15, ¶ 10, 131 A.3d 381(followed)
- Guardianship of Hailey M., 2016 ME 80, ¶ 15, 140 A.3d 478(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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