Legal Question in Civil Litigation in Maine

if iam being sued in maine an live in ny. an lose can i appeal it in ny.

4yrs ago me and my mother bought a house in new york we were supose to split the cost she lived in maine.there were we had a oral agreement no contracts signd she had agreed to everything.i started to gut the the house an rebuild acording to her wishes . then two mounths after buying it she changed her mind and said she wanted to live in ct. by my sister. she told me to take the house an shove it.at that time i had a open permit tore the house apart contracts sign materials orderd an no money.iasked her to buy the house she had the money refused to.at that time in order for me to give her money back i would have to get a loan give it to her an would have had to file bankrupsy i didn,t think that was right me an my wife had given up our house an everything we owned now she is sueing me in maine it is very hard for me i have proven that everything she said is a lie but she wants to go to trial all my witnesses live in ny.an have to drive 500 mi. an take time off from work.i cannot get a loan i owe more money on the house then it is worth.an will end up filing bankrupsey my question is can i appeal any decision in maine in ny where i feal i will get a fare trial.


Asked on 5/21/06, 8:00 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: if iam being sued in maine an live in ny. an lose can i appeal it in ny.

After reviewing your submitted question, I am unclear as to exactly what your mother would be suing you for and why Maine would have jurisdiction over such a lawsuit.

However, in response to your question, assuming that Maine is the proper initial forum and the case cannot be transferred on jurisdictional grounds to NY before a Judgment is reached, you could not appeal an adverse Maine Court Ruling in any Court except for the Maine Supreme Court. If a Maine Judgment is obtained against you, it will later need to be recognized by a NY Court to be enforceable in NY, and you would have the potential to fight it at that level. In such a limited fight you would not be able to fight the merits of the Maine Judgment (ie- how much it is for), you would only be able to challenge it on the basis of proper notice of the Maine lawsuit and due process grounds to Defend it in Maine.

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Answered on 5/22/06, 9:16 am


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