The Maine Supreme Judicial Court, known as the Law Court, is seeking amicus curiae briefs in a notable divorce case appeal. The case in question is Pamela J. (Tower) Weinle v. Alan R. Tower, with the docket number Som-24-178. In this appeal, Weinle disputes several court decisions related to her divorce judgment, including determinations on nonmarital and marital property, property division, spousal support awards, and attorney's fees. Notably, after the final judgment was entered and an appeal notice filed, Alan R. Tower passed away.
In a previous ruling in Panter v. Panter (1985), the Law Court decided that if a party involved in a divorce action dies after an appeal is filed, it renders the divorce judgment moot and requires dismissal of the action upon remand to the trial court. However, contemporary perspectives suggest that while marriage dissolution itself may become moot due to death during an appeal, provisions regarding property division should remain intact and reviewable.
The Court has invited amicus briefs to address whether the death of a party during an appeal necessitates vacating the divorce judgment or if property-related provisions can still be reviewed on appeal despite one party's death.
Amicus briefs are open for submission by any individual or entity without needing separate permission from the Court. These briefs must adhere to specific rules outlined in M.R. App. P. 7A and be submitted by February 10, 2025. An electronic copy should also be sent to lawcourt.clerk@courts.maine.gov.
Matthew Pollack serves as Clerk of the Law Court and can be contacted at their Portland office for further information.