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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Mulholland v. Poole, 866 A.2d 122 (2005)

Citation
Mulholland v. Poole, 866 A.2d 122 (2005)
Parent Document
Mulholland v. Poole, 866 A.2d 122 (2005)
Jurisdiction
Maine (state)
Effective Date
2005-01-26

Full Text

945 chars
*124[¶ 5] Poole appealed and demanded a jury trial. In that appeal, the only question of material fact he raised was whether Mulholland was motivated by retaliation in evicting him. Poole then moved to stay the issuance of the writ of possession. At that point, for the first time, Poole raised the issue of the fair market value of the mobile home, stating that “due to the poor condition of the rental unit, the fair market rental value is much less than $400.00 per month.” He did not, however, assert that he had made repairs and was entitled to an offset. Poole requested a hearing on the value of the mobile home “prior to the Court authorizing payments to the [landlord].” The Superior Court granted the motion to stay on the condition that Poole pay $400 per month into the Pine Tree Legal Assistance client trust account pending the appeal,2 and indicated that a hearing on the. fair market value of the rental unit would be held later.