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1999 Me. 150

Thibodeau v. Cole

Supreme Judicial Court of Maine

Decided October 26, 1999

Supreme Judicial Court of Maine · decided 1999-10-26

Cited by 5 later decisions — most recently March 2019

5 state decisions

Relies on Kelly v. Michaud's Insurance Agency, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1999-10-26

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CLIFFORD, J.,

¶1dissenting.

¶2[¶ 8] Because in my view the trial court should have granted Gary Thibodeau’s motion to amend his complaint prior to addressing summary judgment, I respectfully dissent.

When faced with both a motion for a summary judgment and a Rule 15(a) motion to amend pleadings, considerations of finality and judicial economy suggest that a court should dispose of the pending Rule 15(a) motion prior to entertaining a summary judgment.

¶3*43Kelly v. Michaud’s Ins. Agency, Inc., 651 A.2d 345, 346 (Me.1994).

¶4[¶ 9] I would vacate the judgment and remand to the Superior Court to allow Thibodeau to amend his complaint.

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