Petit v. LumbAnnotate this Case
Plaintiff filed a lawsuit against Defendant, alleging breach of fiduciary duty, fraud, conversion, and related claims. Defendant filed a motion to dismiss pursuant to Me. R. Civ. P. 12(b)(6). Plaintiff filed an opposition to the motion to dismiss, but the copy she filed had a photocopied rather than an original signature. By rule, Plaintiff was deemed to have waived all objections to the motion, and Defendant’s motion to dismiss Plaintiff’s complaint was granted. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in dismissing the complaint because Plaintiff’s tendered objection did not have legal effect, and therefore, the trial court was authorized to grant Defendant’s motion to dismiss without reaching the merits of the motion.