Battryn v. Indian Oil Co., Inc.

McKUSICK, Chief Justice.

For the parties themselves, this lawsuit ended when plaintiff voluntarily dismissed his action in the Superior Court (Cumberland County) prior to the parties’ completion of discovery. Before that dismissal, however, the Superior Court had ordered plaintiff’s counsel to pay $500 to defendant’s counsel as a sanction under M.R.Civ.P. 37(b), in view of plaintiff’s failure to respond to interrogatories either within the time prescribed by M.R.Civ.P. 33 or before the later deadline specifically set by the Superior Court. Plaintiff’s counsel has taken a timely appeal to this…