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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

DIVERSIFIED CREDIT EXTENSION CORP., in its alleged capacity as successor of New Maine National Bank,
Plaintiff
v.
      Civil No. 91-42-P-C
DAVID H. COOK, et al.,
Defendants
MEMORANDUM OF DECISION AND ORDER ON DEFENDANT
DAVID H. COOK'S MOTION FOR RELIEF FROM JUDGMENT (Docket No. 52)

Before the Court for action on the papers, and after hearing oral argument of counsel, is Defendant David H. Cook's Motion for Relief From Judgment (Docket No. 52).  At issue is the interpretation of this Court's Judgment, entered herein on December 10, 1991 (Docket No. 26), in respect to the amount of interest the Court intended to accrue on the amount of the Judgment.  This judge is the one who signed that Judgment. It was a Judgment proposed by counsel for signature by the Court. At the time of its proposal, no situation was brought to the attention of the Court that would indicate that the Judgment presented any situation that was out of the usual course for issuance of such a judgment.1
The Judgment contains a finding as to the amount of the Judgment, consisting of the total amount of the principal due on the underlying promissory note ($2,274,053.31) and the interest accrued thereon to the date of judgment ($162,397.30).  The Judgment then makes a finding, "Additional interest is accruing at the rate of $607.45 per day." (Emphasis added.) Judgment on Guarantees and Judgment of Foreclosure and
Sale (Docket No. 26) at 2,

Download GC_06262002_2-91cv042_Diversi_Cred_v_Cook.pdf

Maine Law