Legal Opinion

Melder v. Carreiro

Supreme Judicial Court of Maine

Decided May 31, 1988PublishedCited by 5 opinions

1Opinion of the Court

ROBERTS, Justice.

Charlotte Melder, the plaintiff in a small claims action, appeals from the decision of the Superior Court, Oxford County, affirming that under the Maine Rules of Small Claims Procedure the District Court did not have the authority to waive the filing fee for her appeal to the Superior Court. Although we conclude that the District Court has the discretion to waive the filing fee on a small claims appeal, we affirm the judgment of the Superior Court because Melder failed to establish a likelihood of success on appeal.

Rule 2 of the Maine Rules of Small Claims Procedure provides:

R…

2Cases cited5 opinions

  1. Ortwein v. SchwabSupreme Court of the United States · 1973
  2. Ortwein v. SchwabSupreme Court of the United States · 1973
  3. Ferguson v. KeaysCalifornia Supreme Court · 1971
  4. Housing Authority v. SaylorsWashington Supreme Court · 1976
  5. Silvestro v. AlmonteSupreme Court of Rhode Island · 1984

3Cited by5 opinions

  1. Campbell v. Criterion GroupIndiana Supreme Court · 1992
  2. Thomas v. BFC Marine/Bath Fuel Co.Supreme Judicial Court of Maine · 2004
  3. Barber v. State, Department of CorrectionsAlaska Supreme Court · 2013
  4. City of Lewiston v. William VerrinderSupreme Judicial Court of Maine · 2022
  5. Levesque v. LevesqueSupreme Judicial Court of Maine · 1997

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