Narrative Opinion Summary
The case involves an appeal by Michael Solomon against a Superior Court judgment, primarily on the basis of being denied a jury trial. The dispute originates from a family conflict over the management and inheritance of Brooklawn Memorial Park, Inc., a cemetery owned by Solomon's mother. Solomon filed claims for unjust enrichment and breach of contract after being excluded from his mother's will, while the defendants counterclaimed for debts owed by Solomon. Procedurally, Solomon's attorneys withdrew, and he failed to meet the deadline for filing a pretrial scheduling statement, leading the court to accept the defendants' statement, which did not request a jury trial. Solomon's delayed objection to the pretrial order and failure to demand a jury trial led the court to proceed with a nonjury trial. The trial court awarded Solomon $30,000 but also ruled on the counterclaim in favor of the defendants, resulting in a net judgment against him of $82,467. The court determined that Solomon's neglect resulted in the waiver of his right to a jury trial, affirming the original judgment. Solomon did not appeal a related summary judgment favoring his grandmother's estate. The judgment was upheld with concurrence from all justices.
Legal Issues Addressed
Pretrial Scheduling and Waiver Implicationssubscribe to see similar legal issues
Application: The failure to file a pretrial scheduling statement with a demand for a jury trial resulted in Solomon waiving his right to such a trial, as per the Administrative Order incorporated into Rule 16.
Reasoning: Prior to February 15, 1988, an Administrative Order stipulated that failing to demand a jury trial in the pretrial scheduling statement resulted in a waiver of that right.
Right to Jury Trial under Maine Rules of Civil Proceduresubscribe to see similar legal issues
Application: The court found that Solomon waived his right to a jury trial by failing to comply with procedural requirements, specifically not demanding a jury trial in the pretrial scheduling statement.
Reasoning: The court found that Solomon's failure to timely demand a jury trial was due to his own neglect, thus affirming the judgment.
Waiver of Jury Trial Rightssubscribe to see similar legal issues
Application: Solomon's request to add his case to the jury trial list was denied because he did not object to the pretrial order or demand a jury trial in a timely manner as required by procedural rules.
Reasoning: The court acted within its discretion by denying Solomon's request to add his case to the jury trial list after he had waived his right to a jury trial.