Worrey v. Fournier

[¶ 1] Wayne B. Worrey appeals from an order entered in the Superior Court (Cumberland County, Cole, J.) dismissing his action against Mark C. and Sandra L. Fournier for want of prosecution pursuant to M.R. Civ. P. 41(b)(1). Worrey contends that the court erred in dismissing the case because it had been less than two years since a trustee filed its disclosure under oath pursuant to M.R. Civ. P. 4B(e). We affirm the judgment and, because the appeal is frivolous, award a sanction plus treble costs.

[¶ 2] In March 1994, Worrey filed a complaint against Mark Fournier, alleging that Fournier owed…