Key Bank, N.A. v. Mott

LIPEZ, Justice.

[¶ 1] Stanley W. Mott, Jr. and Cheryl C. Mott appeal from the judgment entered in the Superior Court (Penobscot County, Mead, J.) granting Key Bank, N.A.’s motion for a summary judgment on the Bank’s foreclosure action pursuant to 14 M.R.S.A. § 6321-6325 (1980 & Supp.1997). On appeal the Motts argue that the existence of genuine issues of material fact precluded the entry of a summary judgment; and that the court exceeded the bounds of its discretion by failing to rule on their motions to amend their answer before ruling on the Bank’s motion for a summary judgment. Because we…