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BAY VIEW BANK v. HIGHLAND GOLF MORTGAGEES

814 A.2d 449 (2002)

2002 ME 178

BAY VIEW BANK, N.A., v. THE HIGHLAND GOLF MORTGAGEES REALTY TRUST.

Supreme Judicial Court of Maine.

Decided: December 31, 2002.

Attorney(s) appearing for the Case

S. James Levis, Jr. (orally), Levis & Hull, P.A., Biddeford, ME, David A. Soley, Esq. (orally), Bernstein, Shur, Sawyer & Nelson, P.A., Portland, ME, for plaintiff.

Timothy H. Norton, Esq. (orally), Kelly, Remmel & Zimmerman, Portland, ME, James B. Bartlett, Esq., York, ME, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, ALEXANDER, and CALKINS, JJ.

ALEXANDER, J.

[¶ 1] The Highland Golf Mortgagees Realty Trust (the Mortgagees Trust) appeals from an entry of summary judgment by the Superior Court (York County, Fritzsche, J.) in favor of Bay View Bank (Bay View) and from an entry by the Superior Court of a final judgment of foreclosure and sale pursuant to M.R. Civ. P. 54(b). The Mortgagees Trust contends that the Superior Court erred by (1) granting Bay View's motion to strike and for protection of...

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