Recent decisions from the Supreme Court and Maine Law Court remind appellate jockeys of some important points when determining when a judgment is final and appealable.
Let’s start with Maine, and a decision about Rule 54 certification: Kittery Point Partners, LLC v. Bayview Loan Servicing, LLC, 2018 ME 35. This case involved one suit against three defendants. Two of the three defendants moved for summary judgment. The Superior Court (Douglas, J.) granted their motion, and in doing so said that the judgment was final as to the claims between the plaintiff and these two parties, and there was no just reason for delay in entering final judgment as to them. The plaintiff appealed.
Not so fast, said the SJC. A judgment isn’t final until all the claims against all the parties are decided. A trial court can certify appeal of a partial final judgment under Me. R. Civ. P. 54(b)(1) The