Bank of America v. Connors
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STATE OF MAINE CUMBERLAND, SS SUPERIOR COURT CIVIL ACTION DOCKET NO. RE-14-142 BANK OF AMERICA, N.A., Plaintiff v. ORDER CHARLENE CONNORS, et al, Defendants The court understands that defendant Charlene Connors eventually did appear for a judicial settlement CE)nference, that a settlement was not reached, and that settlement efforts have continued since the conference, but those have been unsuccessful. Before the court, therefore, is plaintiffs motion to dismiss its foreclosure action without prejudice, which is opposed by defendant, who seeks a dismissal with prejudice. Based on the Law Court's ruling in Homeward Residential Inc. v. Gregor, 2015 ME 108 ~ 24, 122 A.3d 947, the plaintiffs foreclosure action is dismissed without prejudice. However, the court previously allowed Connors to assert a counterclaim for breach of contract. See order dated July 14, 2014. As far as the court can tell, (1) that counterclaim would survive as a counterclaim for a declaratory judgment that the plaintiffs breach forecloses it from pursuing a foreclosure action and (2) there is still a live dispute between the parties on that issue. Accordingly, while the complaint is dismissed without prejudice, this action shall proceed on the counterclaim. The court intends to set the counterclaim for trial at its next civil term. STATE OF MAINE Cumberland. ss. Clerk's Office JUN 17 2016 RECEIVED The entry shall be: Plaintiff's motion to dismiss its foreclosure complaint without prejudice is granted. The remaining claim to be resolved in this action is defendant's counterclaim for breach of contract. The Clerk is directed to incorporate this order in the docket by reference pursuant to Rule 79(a). Dated: June---1..b_, 2016 Thomas D. Warren Justice, Superior Court 2
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