Department of Human Services v. Lowatchie

CLIFFORD, Justice.

The defendant, Victor G. Lowatchie, appeals from the denial of a motion for summary judgment entered in the Superior Court (Cumberland County, Fritzsche, J.) in this paternity action brought by the Department of Human Services (Department).1 Lowatchie contends that an earlier paternity action brought against him by the Department that was dismissed in 1981 for want of prosecution pursuant to M.R.Civ.P. 41(b)(1), precluded the filing of this identical second suit. The Department maintains that this appeal is interlocutory and must be dismissed. The Department also contends…