MMSets/Mjets V. Livingsocial Inc.

Annotate this Case

Download PDF

STATE OF MAINE CUMBERLAND, ss SUPERIOR COURT CIVIL ACTION Docket No. AP-1~];3~ / AIf\1 ~-~cum- 1y.:2 ~ 2yft '5 MMSETS/MJETS, c/o EVA SZILLERY, Plaintiff v. DECISION AND ORDER LIVINGSOCIAL, INC., Defendant Before the Court is the plaintiff's appeal from a judgment in Small Claims Court requiring the parties to arbitrate plaintiff's claim. For the following reasons, the appeal is dismissed. PROCEDURAL HISTORY On April 22, 2013, plaintiff filed a statement of claim against defendant and alleged a breach of contract. Prior to the hearing date, counsel for defendant filed a letter on May 16, 2013 and requested that the court dismiss the case in favor of arbitration as required by the contract. On May 30, 2013, the Small Claims Judge granted the defendant's request to dismiss the case and stated that the claims must be arbitrated. On June 28, 2013, plaintiff filed an appeal of the decision. M.R.S.C.P. 11. DISCUSSION The defendant argues that the Superior Court lacks jurisdiction to entertain plaintiff's appeal. Under the Uniform Arbitration Act, "the court's grant of the motion to compel arbitration is an interlocutory order that is not now appealable." Creamer v. Bishop, 2006 ME 95 ~ 2, 902 A.2d 838. The Law Court has held that the Uniform Arbitration Act provides an exclusive list of "what decisions concerning arbitration may be appealed." State v. Phillip Morris, Inc., 2007 ME 90, <JI 19, 928 A.2d 782. The Act does not provide for an appeal from an order granting a motion to compel arbitration. See 14 M.R.S.A. § 5945(1). The entry is The Plaintiff's Appeal is DISMISSED. Dated: November 21, 2013 Nancy Mills Justice, Superior Court Date Filed 6/28/13 CUMBERLAND AP-13-34 Docket No. _ _ _ _ _ _ _ ___, County Action DISTRICT COURT APPEAL (SMALL CLAIM) LIVINGSOCIAL INC MMSETS/MJETS vs. Plaintiff's Attorney c/o EVA SZILLERY 19 LEXINGTON ORONO MAINE 04473 PRO-SE Date of Entry Defendant's Attorney c/o CORPORATION SERVICE CO 1090 VERMONT NORTHWEST WASHINGTON DC 20005 PRO-SE EBEN ALBERT-KNOPP ESQ PO BXO 9729 PORTLAND ME 04104-5029

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.