Boyer v. Boyer

[¶ 1] Defendants, James Boyer, Wendy Boyer, and Julia O’Leary appeal from the judgment entered in the Superior Court (Kennebec County, Hjelm, J.), affirming an order of the District Court (Waterville, Mullen, J.), denying a M.R. Civ. P. 60(b)(4) motion to set aside a judgment which ordered a partition of real property in Belgrade to be carried out by a sale. They contend that the order of partition by sale entered by the District Court, at the request of Constance Boyer, should be set aside for lack of subject matter jurisdiction. Because we agree that the District Court lacks statutory and…