From Casetext: Smarter Legal Research

General Electric Credit Corp. v. Smith

Supreme Judicial Court of Maine
Jun 13, 1967
230 A.2d 414 (Me. 1967)

Opinion

June 13, 1967.

Appeal from the Superior Court, Cumberland County.

Robert A. Cohen, Portland, for appellant.

Robert C. Robinson, Portland, for appellee.

Before WILLIAMSON, C.J., and WEBBER, TAPLEY, MARDEN, and DUFRESNE, JJ.


This is on appeal from the denial of motion by plaintiff for summary judgment.

The denial was an interlocutory ruling which is reviewable by this Court only upon report under the provisions of Rule 72(c) M.R.C.P.

Only final judgments are reviewable on appeal. Rule 73 M.R.C.P.; Section 73.1 Maine Civil Practice; Burt Co. v. Burrowes Corporation, 158 Me. 237, 182 A.2d 481; Hazzard v. Westview Golf Club, Inc., 217 A.2d 217 (1)-(4) 222 (Me. 1966). Rationale for our rule is given in Fidelity Casualty Company v. Bodwell Granite Company, 102 Me. 148, 152, 66 A. 314, 316.

The appeal must be dismissed as improvidently taken. Burt Co. supra, at page 239 of 158 Me., 182 A.2d 481.

So ordered.

WEATHERBEE, J., did not sit.


Summaries of

General Electric Credit Corp. v. Smith

Supreme Judicial Court of Maine
Jun 13, 1967
230 A.2d 414 (Me. 1967)
Case details for

General Electric Credit Corp. v. Smith

Case Details

Full title:GENERAL ELECTRIC CREDIT CORP. v. Raymond E. SMITH d/b/a Smith Roofing Co

Court:Supreme Judicial Court of Maine

Date published: Jun 13, 1967

Citations

230 A.2d 414 (Me. 1967)

Citing Cases

Polley v. Atwell

We first must determine whether the trial court's denial of a motion for a summary judgment can be…

Phillips v. Fuller

See M.R.Civ.P. 13(i), 42(b). By well-established law, the denial of a motion for summary judgment is an…