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Schwartz v. Nemon
STATE OF MAINE SUPERIOR COURT CIVIL ACTION CUMBERLAND, ss. Docket No. AP-05-006 - ,/' ;, 2 . .- : :'', :!2 ;---, j \ 7 2: 1q ,?, . .- / AP-05-051 , .. ;
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- \olrbi 05 STEPHEN J. SCHWARTZ, Trustee of, 1 ,,:.,.::,l ' .-'\>::pj# .' ...
The TOBY L. NEMON TRUST, :.v r a III& Plaintiff,
ORDER a, AL SCHLTLMAN and JULIE NEMON,
Defendants.
Defendants have appealed judgments in favor of the Plaintiff Stephen J. Schwartz, Trustee of the Toby L. Nemon Trust, granting h m possession of real estate at 75 Bartley Avenue, Portland, Maine (judgment dated December 17, 2004 in Docket No. POR-SA-04-1040) and granting h m possession of a 1999 Dodge Caravan and a 1995 Mercury Sable (judgment dated July 21, 2005 in Docket No. FOR-SA-05-683). Defendants have not sought a jury trial de novo pursuant to M.R.Civ.P. 80D(f)(2) and therefore &us appeal is on issues of law only.
On appeal, the defendants have failed to establish in POR-SA-04-1040 that the trial judge did not correctly apply the law or made findings of fact that were not supported by competent evidence.
In POR-SA-05-683 judgment was entered by default against Julie Nemon Schulman after an unrecorded hearing against both defendants.
Without a record, this court is unable to review the correctness of the District Court's decision. " . . . the appellant has the burden of providing . . . a sufficient record that allows adequate consideration of h s arguments." Tennev v. Benson, 741 A.2d 454 (Me. 1999).
Therefore, the entry is:
Appeal in AP-05-006 DENIED.
Appeal in AP-05-051 DENIED.
Cases are remanded to the District Court. DATED: October 26,2005
overt E. Crowley Justice, Superior Court
Date Filed 0 1 / 3 1 / 0 5 CUMBERLAND Action APPEAL FROM LOWER COURT
STEPHEN J . SCHWARTZ, ESQ., TRUSTEE OF THE AL AND J U L I E SCHULMAN AND ALL OTHER TOBY L. NEMON TRUST OCCUPANTS
VS.
Plaintiff's Attorney Defendant's Attorney DAVID P . CHAMBERLAIN, ESQ. -WWN-G.-SEGA-,--ESQ. withdrew 6-6-05 7 OCEAN STREET 4%--SFHWF SOUTH PORTLAND, ME 04106 -FawMWhy-*Q6WH AL & J U L I E SCHULMAN (PRO SE) 7 5 BARTLEY S T PORTLAND ME 04103
Date of Entry