Moore v. Porter
Court: Supreme Judicial Court of Maine; February 5, 1990; Maine; State Supreme Court
Cynthia Moore appeals a decision from the Superior Court affirming the District Court's denial of her petition for attorney fees after she successfully sued for illegal eviction. The District Court had found that an illegal eviction occurred and awarded her $100 in damages. Following the judgment, Moore's attorneys sought attorney fees under 14 M.R.S.A. § 6014(2)(B), but the District Court denied this request, stating that the award of $100 encompassed all evidence presented at trial. The Superior Court upheld this decision, concluding that Moore waived her claim for attorney fees by failing to present evidence or preserve the issue during the trial. Under § 6014, attorney fees can be awarded, but the court confirmed that without proof or a reservation of the issue for later consideration, Moore did not establish her entitlement to such fees. The judgment was affirmed with all justices concurring.