Charles R. Maples, et al. v. Compass Harbor Village Condominium Association, et al.

Portland, Maine personal injury lawyer represented Plaintiffs, who sued Defendants on breach of fiduciary duty, breach of contract and violation of the Unfair Trade Practices Act (UTPA).



Maples and Brown both own condominium units in the

twenty-four-unit Compass Harbor Village Condominium Association in Bar

Harbor. On July 22, 2019, the court entered a judgment in favor of Maples and

Brown, finding that the LLC was liable to them for breach of fiduciary duty and

that both the Association and the LLC were liable to them for breach of contract

and violation of the Unfair Trade Practices Act (UTPA). See 5 M.R.S. §§ 205-A to

214 (2022). The court awarded $134,900 to Maples and $106,801 to Brown to

compensate them for the "loss of real property rights, frustration, mental

anguish, devaluing of their condominium units, and loss of the enjoyment of

their condominium units.” Brown v. Compass Harbor Vill. Condo. Ass'n, 2020 ME 3

44, ¶ 10, 229 A.3d 158 (quotations and alterations omitted). The court also

entered an order of specific performance, requiring, among other things, that

Compass Harbor come into compliance with provisions of its bylaws and the

Maine Condominium Act. Id. ¶ 11



Compass Harbor appealed that judgment, and, on April 9, 2020, we

vacated the portion of the judgment on the UTPA claim, including the associated

award of attorney fees, as well as the portion ordering specific performance,

but we affirmed the judgment in all other respects.2 Id. ¶ 1. Following the

appeal, the court ordered Compass Harbor to pay Maples and Brown an

additional $243,170.38 in attorney fees. Maples and Brown allege that the

attorney fee award and the July 22, 2019, decision, as modified by us, together

constitute the final judgment.

Because the appeal is not taken from a final judgment and no

exception to the final judgment rule applies, we dismiss it as interlocutory.