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U.S. BANK N.A. v. SAWYER

Docket No. Cum-13-472.

95 A.3d 608 (2014)

2014 ME 81

U.S. BANK, N.A. v. David SAWYER et al.

Supreme Judicial Court of Maine.

Decided: June 24, 2014.

Attorney(s) appearing for the Case

John P. McVeigh, Esq. , and Jonathan G. Mermin, Esq. , Adam Shub, Esq. (orally), Preti Flaherty Beliveau & Pachios, LLP, Portland, on the briefs, for appellant U.S. Bank, N.A.

Thomas A. Cox, Esq. , Portland, argued and on the briefs, for appellees David Sawyer and Debra Sawyer.

Panel: ALEXANDER, SILVER, MEAD, GORMAN, and JABAR, JJ.

MEAD, J.

[¶ 1] U.S. Bank N.A. (Bank) appeals from the judgment of the Superior Court (Cumberland County, Mills, J.) dismissing the Bank's foreclosure complaint with prejudice. The Bank contends that the court abused its discretion in dismissing the complaint because there was no evidence of bad faith or of prejudice to the mortgagor, and because the sanction it imposed is too severe. We affirm the judgment.

I. BACKGROUND

[¶ 2] The...

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