James Vogt v. Nancy Churchill
Case Date: 01/07/1997
Court: Supreme Court
Docket No: 1997 ME 5
|
Download as WP3.x Download as PDF Back to Opinions page MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 1997 ME 5 Docket: LIN-96-318 Submitted on briefs December 20, 1997 Decided January 7, 1997 PANEL: ROBERTS, GLASSMAN, RUDMAN, DANA, and LIPEZ, JJ. WATHEN, C.J. and CLIFFORD, J. did not participate JAMES VOGT v. NANCY CHURCHILL, et al. PER CURIAM [¶1] James Vogt appeals from the decision of the Superior Court (Lincoln County, Brodrick, J.) denying his motion for joinder of claims, and from the entry of a summary judgment (Fritzsche, J.) in favor of his ex-wife, Nancy Churchill, and her attorney, Elizabeth Scheffee, after he sued them for defamation. The trial court did not err in finding that the defendants were entitled to an absolute privilege for statements made in the course of a judicial proceeding, Dineen v. Daughan, 381 A.2d 663, 664-65 (Me. 1978), and a conditional privilege which was not abused for statements made outside the judicial proceeding, Rippett v. Bemis, 672 A.2d 82, 87 (Me. 1996). Further, the court did not abuse its discretion in treating Vogt's motion for a joinder of claims as a motion to amend his complaint and denying the motion as untimely. Smith v. S.A.D. No. 58, 582 A.2d 247, 249 (Me. 1990).<p> [¶2] Because Vogt's appeal is frivolous or instituted primarily for the purpose of delay, we impose sanctions pursuant to M.R. Civ. P. 76(f). We order Vogt to pay treble costs to both Churchill and Scheffee, and we further order him to pay each party $1000 towards their attorney fees. The entry is: Judgment affirmed. James Vogt ordered to pay treble costs and attorney fees of $1000 to each defendant. Plaintiff: James W. Vogt, Pro Se RR1 - 95A Alfred, Maine 04002 Attorneys for Defendants: David L. Herzer, Jr., Esq. Mark G. Lavoie, Esq. NORMAN, HANSON & DeTROY 4l5 Congress Street P. O. Box 4600 Portland, Maine 04112-4600 Thomas R. McKeon, Esq. RICHARDSON, WHITMAN, LARGE & BADGER 465 Congress Street P. O. Box 9545 Portland, Maine 04112-9545 |