MIDWEST FINANCIAL ACCEPTANCE CORP. Panel: WATHEN, …

MAINE SUPREME JUDICIAL COURT

Reporter of Decisions Decision No. Mem 00-146 Docket No. Sag-00-252

MIDWEST FINANCIAL ACCEPTANCE CORP.

v.

KEITH A. FRASER et al.

Submitted on Briefs October 26, 2000 Decided November 28, 2000

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

MEMORANDUM OF DECISION Keith A. Fraser appeals from a summary judgment entered in the

Superior Court (Sagadahoc County, Studstrup, J.) in favor of Midwest Financial Acceptance Corp. on Midwest's complaint for foreclosure. Contrary to Fraser's contentions, the Superior Court did not err in concluding that there was no genuine issue of material fact regarding whether Midwest was a holder of the notes and regarding the amounts Fraser owed on the notes. Kenny v. Dep't of Human Servs., 1999 ME 158, ? 3, 740 A.2d 560, 561-62; Haskell v. Planning Bd. of Town of Yarmouth, 388 A.2d 100, 102 (Me. 1978). Nor did the court err in concluding that there was no genuine issue of material fact regarding Fraser's defense of promissory estoppel. Key Trust Co. of Maine v. Nasson College, 1997 ME 145, ? 11, 697 A.2d 408, 410; Kirkham v. Hansen, 583 A.2d 1026, 1027 (Me. 1990).

The entry is: Judgment affirmed.

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Attorneys for plaintiff:

Bruce B. Hochman, Esq. Wendy Paradis, Esq. Lambert, Coffin, Rudman & Hochman P O Box 15215 Portland, ME 04112-5215

Attorney for defendant:

John S. Campbell Campbell & McArdle, PA. P O Box 369 Portland, ME 04112

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