Burns v. Smith

I respectfully dissent. It is, of course, true that this Court gives great deference to the substantive decision of the Superior Court as to whether the plaintiff has shown “that there is a reasonable likelihood that the plaintiff will recover judgment ... in an amount equal to or greater than the amount of the attachment_” M.R. Civ.P. 4A; see DiPietro v. Casco Northern Bank, 490 A.2d 215, 218 (Me.1985); Herrick v. Theberge, 474 A.2d 870, 874 (Me.1984). But the occasion for that deference exists only where the Superior Court properly exercised its discretion.

Rule 4A(h) states that,…