Kathleen L. Jellison v. Ralph E. Jellison Jr.

Summary

Kathleen L. Jellison appealed an order granting Ralph E. Jellison Jr.’s motion for relief from a divorce judgment under Maine Rule of Civil Procedure 60(b). The Maine Supreme Judicial Court held that granting relief was inconsistent with its prior mandate affirming the amended divorce judgment, because the challenged provisions had been presented on appeal and Ralph had not cross-appealed. The court vacated the order and remanded with instructions to deny the motion.

Holdings

1. The District Court erred by granting Ralph's Rule 60(b) motion because the requested relief was inconsistent with the Maine Supreme Judicial Court's mandate affirming the March 8 amended judgment.
2. Rule 60(b) may not be used as an alternative method of appellate review or to circumvent the consequences of failing to take a direct appeal or cross-appeal.

Questions Presented

1. Whether the District Court abused its discretion by granting Ralph's Rule 60(b) motion after the provisions at issue had been included in the amended judgment affirmed on appeal.
2. Whether a party that did not cross-appeal may use Rule 60(b) to challenge provisions of a judgment that were expressly or impliedly disposed of in the prior appeal.

Disposition

vacated