MacLeod v. Edwards

MEMORANDUM OF DECISION.

By pretrial order, this action involving an alleged right of way over plaintiffs’ land in Nobleboro was tried as a declaratory judgment action. The entire order of judgment issued by the Superior Court justice reads as follows:

ORDERED, ADJUDGED AND DECREED that Judgment be entered in favor of the Defendants, Donald T. Edwards and Frances T. Edwards, upon the Plaintiffs Complaint, and for their costs.

Further ORDERED that the Defendants Counterclaim is dismissed as being Moot.

As we explicitly declared in York Mutual Insurance Co. v. Mooers, Me., 415 A.2d 564, 566 (1980),…