Nadine R. Aubuchon v. Franklin D. Blaisdell Jr.

Summary

The Maine Supreme Judicial Court affirmed a divorce judgment that incorporated a mediated settlement agreement and added provisions addressing post-mediation conduct. The court held that Blaisdell received a meaningful opportunity to be heard and that the additional provisions did not violate a positive rule of law or constitute an apparent injustice. The court also imposed treble costs and attorney fees under M.R. App. P. 13(f) because the appeal was frivolous and contumacious.

Holdings

1. Blaisdell was not denied procedural due process because the District Court provided him a meaningful opportunity to be heard at a status hearing and through a subsequent written filing, and he did not request a trial on the merits before judgment was entered.
2. The District Court did not exceed its discretion by adding provisions addressing post-mediation defamatory, bad-faith, and disparaging conduct because the added language merely confirmed the limited scope of the parties' settlement and did not substantively alter the agreement.
3. Blaisdell's appeal was frivolous and contumacious, warranting an award of treble costs and reasonable attorney fees under M.R. App. P. 13(f).

Questions Presented

1. Whether Blaisdell was denied procedural due process when the District Court entered the final divorce judgment without holding a trial.
2. Whether the District Court exceeded its authority or discretion by including additional provisions in the final divorce judgment beyond the terms of the parties' mediated agreement.
3. Whether Blaisdell's appeal was frivolous and contumacious such that sanctions under M.R. App. P. 13(f) were warranted.

Disposition

affirmed