Simon v. Simon

Annotate this Case

Download PDF

STATE OF MAINE DISTRICT COURT Location: CI\Rmou UOCKET NO. CARDC-SA-16-60 AROOSTOOK, ss ROGER SIMON PLAINTIFF vs. RONALD SIMON DEFENDANT ) ) ) ) ) ) ORDER REGARDING COMPLIANCE WITH 14 M.R.S. §6008 On November 18, 2016 Ronald Simon (hereafter Ronald) filed a Notice of Appeal and Affidavit pursuant to 14 M.R.S. § 6008. Ronald was the Defendant in a forcible entry and detainer action iniliated by Roger Simon (hereafter Roger) regarding property at 357 Thibodeau Road, Woodland, Maine. On November 8, 2016, Roger, as Plaintiff: wns grnntedjudgment for possession of the aforesaid premises. ln his Notice of Appeal, Ronald incorrectly identified hin1sclf as the Plaintiff. The Notice of Appeal and Affidavit form contains the following statement: IF YOU ARE THE DEFENDANT, YOU MUST PAY YOUR CURRENT MONTH'S RENT OR THE RENT ARREARAGE, WHICHEVER IS LESS, BEFORE THE FILING OF THIS APPEAL. 14 M.R.S. § 6008(2) To respond to tlrnl statement, (he appeal form has three alternative responses regarding the payment of rent pending appeal. Ronal checked off the third box which states "Not applicable, I am the Plaintiff." On November 23, 2016, Roger tiled with the court an Objection to Ronald Simon's Improper Nolice or Appeal, and asked thal the nppeal be dismissed for failure to follow the l'cquircmcnts of Title 14 M.R.S. § 6008 or alternatively that the stay be removed an<l that a Writ of Possession issue. With the Objection, the 21 day Notice was given, specifically advising Ronald "Matter in opposition to this Motion must be filed with the Court nol later than 21 <lays aHer filing of th.is Motion. Failure to file timely opposition will be deemed a waiver of objection to the Motion which may he granted without further notice or hearing." 14 M. R.S. 6008(2) and (6) state: l. Appear by defendant; record; stay. When lhe defendant appeals, the defendant slwll pay to the plaintiff or. if there is n dispute ahou! the rent, to the District Courl, any unpnid portion of the current month's rem or the rent arrearage, whichever is less. The District Court slmll promptly trnnsmi.t the record and any such payments to the Superior Court without waiting fc:w (he 1>reparntio11 of a transcript of recorded testimony. The Superior Court may stHy the issuance of a writ of possession pending disposition of the appeal. 6. Aftidal'it required. A notice or appeal filed by the de fondant must be nccompnnicd by an affidavi1 staling the defendant has complied with the requirements of subsection 2 regarding the payment of rent. Although Ronald identified himself as the Plaintiff in the Notice of Appeal, he clc,ll'ly was the Defendant, and was properly identified as such tlu-oughout the proceedings. I lis incorrectly idet\ti fying himsel ras Plaintiff may have been an i.&mocent mistake due to unfamiliarity with the forms and legalese. But again, the appeal form contains the following instruction, in bold: IF YOU ARE THE DEFENDANT, YOU MUST PAY YOUR CURRENT MONTH'S RENT OR THE RENT ARREARAGE, Wl IICf lEVER IS LESS, BEFORE THE FILING OF TfllS APPEAL. 14 M.R.S. § 6008(2). Any reading of this instruction clearly puts the reader on notice that rent needs lo be paid or otherwise addressed before filing the appeal. To the extent Ronald may have been unclear of his responsjbilitics to address rent with the filing of his appeal, he was bluntly put on notice of his erl'Or by the Objection filed by Roger which scl forth the requirements of §6008(2), alleged that Ronald did in fact owe rent and alleged Ronald's failure to comply with §6008(2). Allhough put on notice of his potential error of not complying with§ 6008(2), Ronald did not address his error, did not ask the com1 for leave or additional time, and did not otherwise address the rent. In addition, Ronald <lid not timely respond lo the Objection despite the 21 day notice. Failure to comply wilh 14 M.R.S. § 6008 (2) and (6) is grounds for dismissal of the appeal. Sec Perkins v. Lizotte,.201 '.l Me. Unpub. LEXIS 42 and also Portland Stage Co. v. Bad Habits Live, 2001 ME 110. IIowever the court remains concerned of the possibility thnt Ronald was innocently mistaken of his responsibilities to comply with §6008 at the time he filed his notice of appeal. Therefore, it is ordered that Ronald comply with § 6008{2) and (6) within 21 days of this Order. His failure to do so may result in dismissal of the appeal or vacating of the stay of the issuance of the Writ of Possession. Action by the Court on Ronald's request for a transcript or audio recording of the underlying proceedings is deferred until compliance with this Order. The Clerk shall incorporate this Order into the docket by reference pursuant.t M.R.Civ.P. 79(a). Dated: January I0, 2016 Appeal Date Filed 11/18/2016 Aroostook Docket No. CARSC-AP-2016-006 Defendant Ro2:erSimon Attorney Theodore M. Smith, Esq. - Countv Action FE&DAppeal Plaintiff Ronald Simon Attorney Pro Se vs. Date of Entry 01/06/2017 Original File received from Caribou District Court on 12/28/2016. 01/06/2017 Notice of Appeal and Affidavit filed by Ronald Simon on 11/18/2016. 01/06/2017 Transcript and Audio Order Form filed by Ronald Simon on 11/21/2016 together with Motion for Transcript at State Expense. 01/06/2017 Objection to Ronald Simon's Improper Notice ofAppeal for Forcible Entry and Detainer with Motion to Set Aside Stay with Request for Writ of Possession filed by Theodore Smith on 11/29/2016. 01/10/2017 Order Regarding Compliance with 14 M.R.S. §6008 "ordered that Ronald comply with §6008(2) and (6) within 21 days of this Order. His failure to do so may result in dismissal of the appeal or vacating the stay of the issuance of the Writ of Possession. Action by the Court on Ronald's request for a transcript or audio recording of the underlying proceedings is deferred until compliance with this Order." entered by Justice Harold Stewart on 01/10/2017.

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.