The Law Court’s decision in Fournier v. Flats Industrial, Inc., issued last week, provides a stark reminder of the importance of attention to the deadlines for filing an appeal of a final judgment. The Law Court treats the deadline as jurisdictional, and requires “strict compliance”—even when, as in Fournier, the trial court may not have yet resolved all pending motions before entry of final judgment.
In Fournier, after the Superior Court granted a motion to dismiss two of three counts in the plaintiffs’ complaint, the plaintiffs filed a stipulation voluntarily dismissing the final count together with a motion for a protective order to preserve the confidentiality of certain documents. The Superior Court granted the motion for protective order four days after the stipulation and motion were filed. Nineteen days later—importantly, more than 21 days after filing the stipulation of dismissal—the plaintiffs filed a notice of appeal relating to the two counts previously dismissed by the