On July 26, 1991, Melanson filed a motion pursuant to M.R.Civ.P. Shortly thereafter, new counsel for Melanson filed their appearance. Mockus's complaint against the other defendants and all pending cross-claims in this matter were dismissed. In response to a motion for a default filed by a co-defendant, on January 30, 1991, the court issued its order dated Februreciting " s no objection has been filed, the motion for default against Larry Melanson is granted," and directing that such default be entered on any complaint, cross-claim, or third-party complaint against Melanson.Īfter a hearing on Mockus's motion for a default judgment on June 4, 1991, at which both Melanson and his counsel were present, a default judgment was entered in favor of Mockus against Melanson in the total amount of $185,000. A copy of the order was mailed to the respective counsel of the parties. On January 7, 1991, approximately fifteen months later, the court entered an order directing that on or before January 18, 1991, counsel for Melanson respond to the demand for the policy limits of any insurance coverage of Melanson, and on his failure to do so, the remaining parties could seek a default against Melanson. The record reflects the following: Approximately two and one-half years after the present action was instituted, Melanson's counsel withdrew and other counsel entered an appearance as counsel for Melanson. 1 Finding no error in the record, we affirm the judgment. Mockus cross-appeals contending the court erred in reducing the judgment by the amount of her settlement with the other defendants in this case. 60(b), to set aside the default and the default judgment because of the performance of his attorney. Melanson contends the court erred in denying his motion, pursuant to M.R.Civ.P. The defendant, Larry Melanson d/b/a Larry's Garage, appeals from the default judgment against him in favor of the plaintiff, Marilyn Mockus, individually and as the personal representative of the estate of her deceased husband Joseph Mockus, entered in the Superior Court (York County, Fritzsche, J.) on her complaint against Melanson. Friedman (orally), Karen Frink Wolf, Friedman & Babcock, Portland, for defendant.īefore WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ. McCullough, Bourque & Clegg, Sanford, for plaintiff.
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