Anctil v. Cassese
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The Supreme Judicial Court affirmed the judgment of the district court dismissing Appellant's complaint for protection from harassment against Gladys Cassese, holding that Me. Rev. Stat. 5, 4654(1) does not always preclude the court from adjudicating a protection from harassment complaint without first holding a hearing.
On appeal, Appellant argued that the court was required to hold a hearing before adjudicating his complaint and that, alternatively, the court erred when it dismissed his complaint for failure to state a claim. The Supreme Judicial Court affirmed, holding (1) a court is not prohibited in all circumstances from dismissing a protection from harassment complaint without first holding a hearing; and (2) the trial court did not err in dismissing Appellant's complaint for failure to state a claim upon which relief could be granted.
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