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CHASE HOME FINANCE LLC v. HIGGINS

Docket: Yor-07-650.

953 A.2d 1131 (2008)

2008 ME 96

CHASE HOME FINANCE LLC v. John H. HIGGINS et al.

Supreme Judicial Court of Maine.

Decided: June 10, 2008.

Attorney(s) appearing for the Case

Mark A. Kearns, Esq., Springvale, ME, for John and Valarie Higgins.

Paul E. Thelin, Esq., Geoffrey S. Smith, Esq., Ainsworth, Thelin, Chamberlain & Raftice, P.A., South Portland, ME, for Chase Home Finance LLC.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, and MEAD, JJ.

SAUFLEY, C.J.

[¶ 1] John H. and Valarie A. Higgins appeal from a judgment of foreclosure and order of sale entered by the Superior Court (York County, Fritzsche, J.) upon Chase Home Finance LLC's motion for summary judgment. Among other things, the Higginses contend that it was improper for the court to certify the summary judgment as a final judgment when their counterclaims were yet to be resolved. Because we agree that the judgment is not final, we...

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