Portland Museum of Art v. GermainAnnotate this Case
The Supreme Judicial Court vacated the order denying Appellant's motion to dissolve an ex parte attachment entered by the superior court, holding that the court applied an incorrect standard of proof in its order on the motion to dissolve.
The Portland Museum of Art (PMA) filed a complaint against Appellant alleging tortious interference with expected inheritance and undue influence and requesting an accounting. The PMA then filed an ex parte motion for attachment and trustee process, which the superior court granted. Thereafter, Appellant unsuccessfully filed a motion to dissolve the attachment and trustee process. The court denied the motion to dissolve, ruling that there was a reasonable likelihood that PMA would recover judgment. The Supreme Judicial Court vacated the order denying the motion to dissolve attachment, holding (1) the court unambiguously articulated the incorrect standard of proof in its order on the motion to dissolve; and (2) the misstatement of the standard was not harmless.