Brengelmann v. Land Resources of New England & Canada, Inc.

In this appeal appellant Spickler claims:

1. The court erred in dismissing his counterclaim and

2. The damages filed against him were excessive.

It appears that a pre-trial conference was held by a justice other than the justice who presided at the trial. At the conclusion of the pre-trial conference the pre-trial justice entered an order. This order unfortunately was ambiguous. The justice who presided at the trial read the pre-trial order entered by the pre-trial justice and concluded it was determined by that order that appellant Spickler’s counterclaim had been abandoned.

We have scrutinized…