Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189 (Me. 1993). · Go Syfert
Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189 (Me. 1993). Cases Citing This Book View Copy Cite
108 citation events (94 in the last 25 years) across 12 distinct courts.
Treatment trajectory · 1995 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Coastal Realty Capital, LLC v. Front Nine Homes, LLC
Me. Super. Ct · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
documentation showing a debt of 33,932.59 does not render a claim for 12,967.84 a sum certain. nor is interstate's claim for a sum certain merely because it is for a specific dollar amount.
discussed Cited as authority (verbatim quote) Town of Windham v. Coastal Realty Capital, LLC
Me. Super. Ct · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
documentation showing a debt of 33,932.59 does not render a claim for 12,967.84 a sum certain. nor is interstate's claim for a sum certain merely because it is for a specific dollar amount.
discussed Cited as authority (verbatim quote) Johnny's Oil Co. v. Eldayha
Mass. App. Ct. · 2012 · quote attribution · 1 verbatim quote · confidence high
ejven assuming that an invoice can establish the liquidated amount of the claim . . . djocumentation showing a debt of 33,932.59 does not render a claim for 12,967.84 a sum certain
discussed Cited as authority (rule) St. Thomas Cargo & Ship Services, Inc. v. Bonnie Braga
visuper · 2025 · confidence medium
This claim for unpaid rent in [plaintiff]'s affidavit did not qualify as a sum certain because ‘[tJhe term ‘sum certain’ in this context contemplates a situation in which, once liability has been established, there can be no dispute as to the amount due, as in actions on money judgments and negotiable instruments.” In other words, damages are a ‘sum certain’ only in ‘actions where the damages sought can be determined without resort to extrinsic proof.” Because the damages claimed here could not be ‘determined without resort to extrinsic proof,’ as in ‘actions on money jud…
discussed Cited as authority (rule) Pangelinan v. Pangelinan
nmariana · 2025 · confidence medium
A “sum certain” can also be termed a “liquidated amount” meaning the amount has been “ascertained and agreed upon by the parties or [set as a fee] by operation of law.” Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me. 1993) (quoting Hallett Constr.
cited Cited as authority (rule) General Linen Service, LLC v. Haskell
Me. Super. Ct · 2022 · confidence medium
Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993).
cited Cited as authority (rule) Desi-Cann, Inc. v. Krebs
Me. Super. Ct · 2022 · confidence medium
Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993).
discussed Cited as authority (rule) Assist Financial Services, Inc. v. Freight One Transportation, Inc.
D.S.D. · 2020 · confidence medium
Rule 55(b)(1) is not used when the amount of the judgment cannot be calculated with such certainty.”); Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me. 1993) (stating that “sum certain” situation including actions on money judgments and negotiable instruments or similar actions where the damages sought can be determined without resort to extrinsic proof).
discussed Cited as authority (rule) Kelly v. Wold Kitchen, LLC
Me. Super. Ct · 2020 · confidence medium
See Bait v. Brookstone Co., 641 A.2d 864, 856 (Me. 1994) (finding no good excuse for late response where complaint had been transmitted from registered agent to corporate clerk to client's mail room, where it was temporarily misplaced); Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me. 1993) (finding no good excuse for untimely filing where out-of-state counsel mistakenly believed extension had been given and failed to secure local counsel).
cited Cited as authority (rule) E.W. Mailhot Sausage, Co. v. Hebo Family Foods, Inc.
Me. Super. Ct · 2019 · confidence medium
Estate of Hoch v. Stifel, 2011 ME 24 , 'l[ 25, 16 A.3d 137 ; Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993).
discussed Cited as authority (rule) State of Maine v. Jerry Philogene
Me. · 2018 · confidence medium
See Scott v. Lipman & Katz, P.A., 648 A.2d 969, 972-976 (Me. 1994). [¶18] In contrast, we have held that the trial court properly denied a Rule 60(b) motion when a party was properly served and failed to appear at a court proceeding, see e.g., Haskell, 2017 ME 91 , ¶¶ 14-15, 160 A.3d 1176 ; Butler v. D/Wave Seafood, 2002 ME 41, ¶ 18 , 791 A.2d 928 ; where a party failed to offer any evidence to support his assertion that he had a reasonable excuse, see 10 Maroon Flooring, Inc. v. Austin, 2007 ME 75, ¶ 9 , 927 A.2d 1182 ; and where a party failed to retain Maine counsel in a timely manner,…
cited Cited as authority (rule) Raposa v. Town of York
Me. Super. Ct · 2018 · confidence medium
Co. v. Dworman, 2004 ME 142 , ,r 8, 861 A.2d 662 (citing Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993)).
cited Cited as authority (rule) Dubois v. Town of Arundel
Me. Super. Ct · 2018 · confidence medium
Co. v. Dworman, 2004 ME 142 , ,r 8, 861 A.2d 662 (citing Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993)).
cited Cited as authority (rule) Dubois v. Town of Arundel
Me. Super. Ct · 2018 · confidence medium
Co. v. 3 Dworman, 2004 ME 142 , ~ 8, 861 A.2d 662 (citing Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993)).
cited Cited as authority (rule) Argo Marketing Group, Inc. v. Sena
Me. Super. Ct · 2017 · confidence medium
Estate of Hoch v. Stifel, 2011 ME 24 , <JI 25, 16 A.3d 137 ; Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993).
discussed Cited as authority (rule) State of Maine v. McGraw-Hill Companies, Inc. (2×)
Me. Super. Ct · 2014 · confidence medium
XIV, § I; Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993); Frazier v. Bankamerlca fll/ 1/, 593 A.2d 661, 662 (lvfe. 1991 ); Cal uri v. Rypkema, 570 A.2d 830, 831 (Me. 1990), cert, denie(/, 498 U.S. 818 ( 1990); Tyson v. Whitaker & Son, Inc., 407 A.2d I, 2-3 (Me. 1979)).
discussed Cited as authority (rule) Appleton v. Harrigan
virginislands · 2014 · confidence medium
In other words, damages are a “sum certain” only in “actions where the damages sought can be determined without resort to extrinsic proof.” Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me. 1993); see also Brockton Sav.
discussed Cited as authority (rule) Viger v. Estep
Me. Super. Ct · 2011 · confidence medium
"Due process demands that the defendant have sufficient contact with Maine to 'make it reasonable ... to require the [defendant] to defend the particular suit which is brought [here]." Id. (quoting Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1192 (Me. 1993)).
discussed Cited as authority (rule) Fore v. Benoit
Me. Super. Ct · 2010 · confidence medium
A. Legitimate Interest in this Litigation "Maine certainly has an interest in providing its citizens with a means of redress against nonresidents," Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1192 (Me. 1993), but an interest beyond mere citizenry is necessary" for fI Maine to assert jurisdiction over a nonresident defendant.
discussed Cited as authority (rule) CSXT Intermodal, Inc. v. Mercury Cartage, LLC
D. Me. · 2010 · confidence medium
Typically, such situations include “actions on money judgments, negotiable instruments, or similar actions where the damages sought can be determined without resort to extrinsic proof.” Id. at 19-20 (quoting Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me.1993)).
discussed Cited as authority (rule) Norris v. Hafford
Me. Super. Ct · 2010 · confidence medium
The second prong of the personal jurisdiction analysis demands that a defendant have sufficient minimum contacts with Maine such that it would be "reasonable ... to require the [defendant] to defend the particular suit which is brought [here]." Interstate Food Processing Inc. v. Pellerito Foods Inc., 622 A.2d 1189, 1192 (Me. 1993) (quoting Int'l Shoe Co., 326 U.s. at 317).
discussed Cited as authority (rule) MAINE HELICOPTERS, INC. v. Lance Aviation, Inc.
D. Me. · 2008 · confidence medium
Media Int’l v. Pioneer Commc’ns of Am., Inc., 586 A.2d 1256, 1260 (Me.1991); and (3) a Michigan company contacted a Maine company to ship potatoes to Michigan under the Michigan company’s private label, and the Michigan company’s president made a number of telephone calls to Maine to develop the private label and to request changes to orders before shipment to Michigan, Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1192 (Me.1993).
cited Cited as authority (rule) Harmon v. Causeway Automotive
Me. Super. Ct · 2007 · confidence medium
Id. at 594 ; Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993).
discussed Cited as authority (rule) Maroon Flooring, Inc. v. Austin
Me. · 2007 · confidence medium
Other than the affidavit contained within the request for default judgment, which gives only the total figure of $21,419, Maroon Flooring filed no other affidavits or exhibits with the complaint or request for default. [¶ 13] A claim is not “for a sum certain merely because it is for a specific dollar amount.” Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me.1993).
discussed Cited as authority (rule) Coast to Coast Eng'g Servs. v. Stein (2×)
Me. Super. Ct · 2006 · confidence medium
Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1192 (Me 1993).
discussed Cited as authority (rule) Coast to Coast Eng'g Servs., Inc. v. Evans Eng'rs, LLC
Me. Super. Ct · 2006 · confidence medium
"Due process demands that the defendant have sufficient contact with Maine to 'make it reasonable ... to require the [defendant] to defend the particular suit which is brought [here].' " (citing Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1192 (Me. 1993) (quoting International Shoe Co. v. Washington, 326 U.S. 310, 317 (1945)).
discussed Cited as authority (rule) Total Fitness, Inc. v. Finlandia Sauna Prod., Inc.
Me. Super. Ct · 2006 · confidence medium
"Maine certainly has an interest in providing its citizens with a means of redress against nonresidents," Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993), but "an interest beyond mere citizenry is necessary" for Maine to assert jurisdiction over a nonresident defendant, Murphy, 667 A.2d at 594 .
examined Cited as authority (rule) Swett v. Pegasus Vans & Trailers, Inc. (3×)
Me. Super. Ct · 2005 · confidence medium
For Maine to exercise > personal jurisdiction over a nonresident defendant consisten gant i tts statutes and the requires ry nenis.of due process, th “~ find three Ting to be true: 1) that Maine has a legitimate interest in the's subject matter ofthe tontroversy; 2) that the defendant t ‘by its conduct should reasonably os have anticipated litigating in Maine; and 3) that the ¢ exercise of jurisdiction by Maine’s courts would comport with “traditional notions of fair play and substantial justice.” Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 19…
discussed Cited as authority (rule) Montalvo v. First Interstate Fin. Corp.
Me. Super. Ct · 2005 · confidence medium
Foundation, Inc., 2004 ME 111 , J 10, 855 A.2d 1150 , 1155 7 “purposefully directs his activities at residents of a forum by ‘deliberately engaging in significant activities’ in that forum or by ‘creating continuing obligations between himself and residents’ of the forum.” Interstate Food Processing Corp. v. Pellerito Foods , Inc., 622 A.2d 1189, 1192 (Me. 1993)(citations omitted).
discussed Cited as authority (rule) Commerce Bank and Trust Co. v. Dworman (2×) also: Cited "see, e.g."
Me. · 2004 · confidence medium
Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me.1993). ‘When there has been no testimonial hearing and the court proceeds on the parties’ pleadings and affidavits, the plaintiff need only make a prima facie showing that jurisdiction exists.” Id.
cited Cited as authority (rule) Bombardier Capital, Inc. v. Child
Me. Super. Ct · 2004 · confidence medium
See id; Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1192 (Me. 1993).
discussed Cited as authority (rule) Thornton v. Adams
Me. Super. Ct · 2003 · confidence medium
CV-02-261 PAR YOR= 1/27 [e002 MARC MOTORS, INC., Plaintiff . v. - ORDER JAN Ss 2005 CARDINAL’S SEAFARER RESTAURANT, INC, Defendant ___ Oe After oral argument, a review of the memoranda of the parties and based on the decisions of the Law Court in Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191-2 (Me. 1993) and Electronic Media International v. Pioneer Communications of America, Inc., 586 A.2d 1256, 1258-60 (Me. 1991) the entry is: Defendant's motion to dismiss for lack of personal jurisdiction is denied.
discussed Cited as authority (rule) Marc Motors, Inc. v. Cardinal's Seafarer Rest., Inc.
Me. Super. Ct · 2003 · confidence medium
After oral argument, a review of the memoranda of the parties and based on the decisions of the Law Court in Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191-2 (Me. 1993) and Electronic Media International v. Pioneer Communications of America, Inc., 586 A.2d 1256, 1258-60 (Me. 1991) the entry is: Defendant's motion to dismiss for lack of personal jurisdiction is denied.
discussed Cited as authority (rule) Smith v. Brannan
Me. Super. Ct · 2002 · confidence medium
Thus, in this regard, the plaintiff need only establish a prima facie case showing that jurisdiction exists and her written allegations supporting a claim of jurisdiction "are to be construed in [her] favor." Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993).
discussed Cited as authority (rule) Trenholm v. Madore
Me. Super. Ct · 2002 · confidence medium
“When there has been no testimonial hearing and the court proceeds on the parties’ pleadings and affidavits [as it has done here], the plaintiff need only make a prima facie showing that jurisdiction exists. . ..” Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993).
discussed Cited as authority (rule) Mazzaro v. Arcadia Mach. & Tool, Inc.
Me. Super. Ct · 2001 · confidence medium
“When there has been no testimonial hearing and the court proceeds on ‘the parties’ pleadings and affidavits [as it has done here], the plaintiff need only make a prima facie showing that jurisdiction exists, and the plaintiff’s written allegations of jurisdiction are to be construed in its favor.” Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993).
cited Cited as authority (rule) Merchandise Brokers, Inc. v. USF Red Star, Inc.
Me. Super. Ct · 2000 · confidence medium
E.g., Interstate Food Processing Corp. v. Pellinto Foods, Inc., 622 A.2d 1189, 1191 (Me. 1993).
discussed Cited as authority (rule) Dorf v. Complastik Corp.
Me. · 1999 · confidence medium
He contends, however, that other than a nondisclosure agreement with BTI, signed to explore the possibility of a future business relationship, and a few telephone calls and e-mails with Dorf, neither he nor Complastik had any contact with Maine. *988 [¶ 8] Dorf contends that when the court rules on a motion to dismiss for lack of personal jurisdiction based solely on affidavits, without the benefit of an evidentia-ry hearing, the plaintiff need only make a prima facie showing of personal jurisdiction to withstand the defendant’s motion to dismiss. [¶ 9] “The jurisdictional reach of Maine…
discussed Cited as authority (rule) Farm Family Mutual Insurance v. Thorn Lumber Co.
W. Va. · 1998 · confidence medium
Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me.1993), citing Reynolds Securities, Inc. v. Underwriters Bank & Trust Co., 44 N.Y.2d 568, 572-73 , 406 N.Y.S.2d 743, 746 , 378 N.E.2d 106, 109 (1978).
examined Cited as authority (rule) Murphy v. Keenan (3×) also: Cited "see", Cited "see, e.g."
Me. · 1995 · confidence medium
Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1191 (Me.1993); Frazier v. Bankamerica Int'l, 593 A.2d 661, 662 (Me.1991); Caluri v. Rypkema, 570 A.2d 830, 831 (Me), cert. denied, 498 U.S. 818 , 111 S.Ct. 62 , 112 L.Ed.2d 37 (1990); Tyson v. Whitaker & Son, Inc., 407 A.2d 1, 2-3 (Me.1979).
discussed Cited "see" Premier Diagnostics v. Invitae Corporation
Me. · 2023 · signal: see · confidence high
Given this, we conclude that Invitae purposefully directed its activities at a Maine citizen. [¶27] In addition, a contract constitutes a continuing obligation sufficient to support the exercise of personal jurisdiction when there is “ongoing contact between the parties with the expectation of conducting future business.” Murphy, 667 A.2d at 594-95 (holding a warranty provision in a contract for the sale of a boat between a New Hampshire citizen and a Maine citizen was not enough to establish continuing obligations); see Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d …
discussed Cited "see" Mignosa v. Poirier
Me. Super. Ct · 2011 · signal: see · confidence high
See Interstate Food Processing Corp. v. Pellerito Foods Inc., 622 A.2d 1189, 1193 (Me. 1993) 3 ANTHONY MIGNOSA VS JOEL POIRIER ET AL UTN:AOCSsr -2010-0042954 CASE #:PORSC-CV-2010-00195 01 0000000185 BOWIE, JAMES M THREE CANAL PLAZA PO BOX 4630 PORTLAND ME 04112-4630 F JOEL POIRIER DEF RTND 12/13/2010 F POIRIER CONSTRUCTION COMPANY INC DEF RTND 12/13/2010 02 000000230 0 . :;.C.:. ;AM.:. . :-P..; ;,B. ; ;,E. ; ;,L. ; ;,L-<-,----"-J..; ;.O=H=N---:: .
discussed Cited "see" LeDuc v. Cathedral Ledge Condo Owners Assn., Inc. (2×)
Me. Super. Ct · 2009 · signal: accord · confidence high
Accord, Interstate Food Processing Corp. v. Pellerito Foods Inc., 622 A.2d 1189, 1192 (Me. 1993), quoting Burger King Corp. v. Rudzewicz, 471 U.s. 462, 474-75 (1985).
cited Cited "see" Levine v. Keybank National Ass'n
Me. · 2004 · signal: see · confidence high
See Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me.1993).
discussed Cited "see" Linder v. Barry
Me. Super. Ct · 2002 · signal: see · confidence high
See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 291 (1980). “[T]he defendant must ‘purposefully avail itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.’” Id., quoting Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1192 (Me. 1993).
discussed Cited "see" Truman v. Browne (2×)
Me. · 2001 · signal: see · confidence high
See Interstate Food Processing Corp. v. Pellerito Foods, *174 Inc., 622 A.2d 1189 (Me.1993); Erskine v. Comm'r of Corr., 682 A.2d 681, 683 (Me.1996); [3] Mockus v. Melanson, 615 A.2d 245 (Me.1992); see, e.g., Cutillo v. Gerstel, 477 A.2d 750, 752 (Me.1984) (affirming the trial court's denial of a motion to set aside the entry of a default, because the appellant had " no basis for assuming that the suit against him came to a standstill" when his attorney filed a motion to withdraw).
cited Cited "see" Coastal Cement Corp. v. Am. Commercial Lines LLC.
Me. Super. Ct · 2001 · signal: see · confidence high
See Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1192 (Me. 1993).
discussed Cited "see, e.g." Charles R. Maples v. Compass Harbor Village Condominium Association
Me. · 2025 · signal: see also · confidence medium
Biette v. Scott Dugas Trucking & Excavating, Inc., 676 A.2d 490, 494 (Me. 1996); 14 M.R.S. § 3131(9)(E) (2024); see also Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me. 1993) (expressing that a money judgment is an award of dollar damages in a sum certain).
discussed Cited "see, e.g." Southern Operators Health Fund v. Sky Limit Equipment, LLC
M.D. Tenn. · 2021 · signal: see also · confidence medium
See, e.g., Reynolds Sec., Inc. v. Underwriters Bank & Trust, Co., 44 N.Y.2d 568 , 406 N.Y.S.2d 743 , 378 N.E.2d 106, 109 (1978) (“The term ‘sum certain’ in this context contemplates a situation in which, once liability has been established, there can be no dispute as to the amount due, as in actions on money judgments and negotiable instruments.”); see also Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me.1993) (“Such situations include actions on money judgments, negotiable instruments, or similar actions where the damages sought can be determined w…
discussed Cited "see, e.g." Admiral Insurance Company v. I.C.E. (US) Inc.
M.D. Tenn. · 2021 · signal: see also · confidence medium
See, e.g., Reynolds Sec., Inc. v. Underwriters Bank & Trust, Co., 44 N.Y.2d 568 , 406 N.Y.S.2d 743 , 378 N.E.2d 106, 109 (1978) (“The term ‘sum certain’ in this context contemplates a situation in which, once liability has been established, there can be no dispute as to the amount due, as in actions on money judgments and negotiable instruments.”); see also Interstate Food Processing Corp. v. Pellerito Foods, Inc., 622 A.2d 1189, 1193 (Me.1993) (“Such situations include actions on money judgments, negotiable instruments, or similar actions where the damages sought can be determined w…
Retrieving the full opinion text from the archive…
Interstate Food Processing Corp.
v.
Pellerito Foods, Inc.
Supreme Judicial Court of Maine.
Apr 12, 1993.
622 A.2d 1189
Richard N. Solman, Scott G. Hunter (orally), Solman & Hunter, Caribou, for plaintiff., Alan S. Harding, Jefferson Ashby (orally), Harding Law Offices, Presque Isle, for defendant.
Wathen, Roberts, Glassman, Clifford, Collins, Rudman.
Cited by 59 opinions  |  Published
ROBERTS, Justice.

Pellerito Foods, Inc., appeals from a default judgment in favor of Interstate Food Processing Corporation entered in the Superior Court (Aroostook County, Pierson, J.). Pellerito contends that the court erred in denying its motion to set aside the default and the default judgment and in denying its motion to dismiss for lack of personal jurisdiction. We conclude that the court properly denied the motion to dismiss but erred in denying Pellerito’s motion to set aside the default judgment. Accordingly we vacate the judgment.

This case arises out of a contract between Pellerito Foods, Inc., a Michigan corporation with a principal place of business in Detroit, Michigan, and Interstate Food Processing Corporation, a Maine corporation with a principal place of business in Fort Fairfield, whereby Interstate agreed to develop a private product label for Pel-lerito and to ship potato products under that label to Pellerito’s Michigan offices. Interstate developed the private label and made six shipments to Pellerito. Pellerito, however, claimed the products were defective and refused to pay.

Interstate commenced this action, alleging a breach of contract and seeking payment of $12,967.84. Interstate agreed to Pellerito’s request for a 30-day extension of the time within which to file an answer because Pellerito had not yet retained Maine counsel. Pellerito, however, failed to file an answer within the extended period, and a default was entered on Interstate’s application. A default judgment was then entered by the clerk of the Superior Court. Pellerito’s subsequent motions to dismiss for lack of personal jurisdiction and to set aside the default judgment were denied. This appeal followed.

I.

The jurisdictional reach of Maine’s long-arm statute, 14 M.R.S.A. § 704-A (1980), is coextensive with the permissible exercise of personal jurisdiction under the due process clause of the fourteenth amendment. See Frazier v. Bankamerica Int’l, 593 A.2d 661, 662 (Me.1991); Caluri v. Rypkema, 570 A.2d 830, 831 (Me.), cert. denied, 498 U.S. 818, 111 S.Ct. 62, 112 L.Ed.2d 37 (1990). In order to exercise personal jurisdiction over a nonresident defendant consistent with the requirements of due process, we must determine that 1) Maine has a legitimate interest in the subject matter of the controversy; 2) the defendant, by its conduct, should reasonably have anticipated litigating in Maine; and 3) the exercise of jurisdiction by Maine’s courts would comport with “traditional notions of fair play and substantial justice.” Frazier, 593 A.2d at 662; Harriman v. Demoulas Supermarkets, Inc., 518 A.2d 1035, 1036 (Me.1986), cert. denied, 481 U.S. 1048, 107 S.Ct. 2178, 95 L.Ed.2d 835 (1987). The plaintiff bears the burden of establishing that jurisdiction is proper under the first two parts of the test. Electronic Media Int’l v. Pioneer Communications of America, Inc., 586 A.2d 1256, 1258 (Me.1991). The burden then shifts to the defendant to show that jurisdiction is improper under the third part. Id. at 1258-59. When there has been no testimonial hearing and the court proceeds on the parties’ pleadings and affidavits, the plaintiff need only make a prima facie showing that jurisdiction exists, and the plaintiff’s written allegations of jurisdiction are to be construed in its favor. Id. at 1259.

[*1192] As to the first part of the test, Maine certainly has an interest in providing its citizens with a means of redress against nonresidents. See Frazier, 593 A.2d at 663. Moreover, given its importance to Maine’s economy, the state has a legitimate interest in protecting its potato industry. Pellerito, however, argues that Interstate has failed to demonstrate the requisite minimum contacts between Pellerito and Maine to satisfy the second part of the test. For a foreign corporation to be subject to Maine’s jurisdiction, “due process demands that the corporation have sufficient contacts with [Maine] to ‘make it reasonable ... to require the corporation to defend the particular suit which is brought [here].' ” Harriman, 518 A.2d at 1037 (quoting International Shoe Co. v. Washington, 326 U.S. 310, 317, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945)). The defendant’s contacts may not “result solely from the ‘unilateral activity of another party.’ ” Id. (quoting Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 417, 104 S.Ct. 1868, 1873, 80 L.Ed.2d 404 (1984)). Rather, it is essential that the defendant purposefully avail itself of “the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75, 105 S.Ct. 2174, 2183, 85 L.Ed.2d 528 (1985). This requirement is met “[w]hen a defendant ‘purposefully directs his activities at residents of a forum’ by ‘deliberately engaging in significant activities’ in that forum or by ‘creating continuing obligations between himself and residents’ of the forum.” Harriman, 518 A.2d at 1037 (quoting Burger King, 471 U.S. at 473-75, 105 S.Ct. at 2182-84).

Although Pellerito is not authorized to do business in Maine and does not have or maintain any property or other business facility here, Interstate has sustained its burden with respect to the second part of the test. Interstate’s affidavits allege that Pellerito contacted Interstate’s plant in Fort Fairfield to solicit a commitment to develop a private product label for Pellerito and to ship potato products under that label to Pellerito’s Michigan offices. Pelleri-to’s active solicitation of Interstate’s business demonstrates purposeful involvement in Maine because Pellerito had reached out beyond one state and created a continuing relationship with a resident of Maine. Id. Moreover, by requiring Interstate to attach Pellerito’s private label to their products, Pellerito exercised control over Interstate’s performance, which also demonstrates purposeful involvement in Maine. Id. at 1038; Caluri, 570 A.2d at 833. Interstate’s affidavits further allege that Pellerito’s president made a number of telephone calls to Interstate’s Fort Fairfield plant with regard to the development of the private label and to request changes in orders prior to shipment. This action demonstrates that the ongoing business relationship between the parties was not the result of unilateral action by Interstate. See Harriman, 518 A.2d at 1037.

With respect to the third part of the test, Pellerito has made no suggestion that litigating in Maine would be “ ‘so gravely difficult and inconvenient’ ” that it would be a “ ‘severe disadvantage’ ” to Pellerito. Caluri, 570 A.2d at 833 (quoting Burger King, 471 U.S. at 478, 105 S.Ct. at 2185). While Pellerito’s contacts with Maine may be few, “[l]ess extensive activity is required where the cause of action arises out of or in connection with the defendant’s forum-related activity.” Harriman, 518 A.2d at 1038. Because Interstate’s suit is on the contract, that is the case here.

II.

Pellerito further contends that the court erred in denying its motion to set aside the default and the default judgment. M.R.Civ.P. 55(c) provides that “[f]or good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).” On a motion to set aside a default judgment made pursuant to Rule 60(b)(1), the defaulted party bears the burden of establishing a reasonable excuse for the default and a meritorious defense to the action. See Hart v. Terry L. Hopkins, Inc., 588 A.2d 1187, 1190 (Me.1991). The denial of such a motion is reviewed only for an abuse of[*1193] discretion, with great deference accorded to the determinations of the trial court. See Mockus v. Melanson, 615 A.2d 245, 247 (Me.1992).

Pellerito contends that it demonstrated a reasonable excuse because its Michigan counsel left his law firm without having retained Maine counsel and because the Michigan counsel believed he had secured from Interstate’s counsel an “indefinite extension of time to answer the complaint.” We disagree in both respects. Out-of-state counsel’s failure to retain Maine counsel in a timely manner does not constitute a reasonable excuse for the default. See Steel Serv. Center v. Prince Macaroni Mfg. Co., 438 A.2d 881, 882 (Me.1981). Moreover, we find it patently unreasonable for an attorney to believe that he may respond to a complaint at his leisure. Because the court did not abuse its discretion in finding that Pellerito had failed to establish a reasonable excuse for the default, we need not address the question of a meritorious defense.

III.

Although the issue has not been raised, we examine the validity of the entry of a default judgment pursuant to M.R.Civ.P. 55(b)(1). The rule limits the clerk’s authority to instances where the plaintiff’s claim is for “a sum certain or for a sum which can by computation be made certain.” Id. In entering a default judgment under Rule 55(b)(1), the clerk performs a purely ministerial function. Because the clerk has no power to enter a judgment for an amount which is not a sum certain or which cannot be made certain by computation, any judgment so entered is void. Arekay Realty Group v. Lievi, 595 A.2d 1036, 1037 (Me.1991). The term “sum certain” has been held to have a meaning similar to “liquidated amount.” See generally 47 Am.Jur.2d Judgments § 1157 (1969). “A claim is liquidated when the amount thereof has been ascertained and agreed upon by the parties or fixed by operation of law.” Hallett Constr. Co. v. Iowa State Highway Comm’n, 258 Iowa 520, 139 N.W.2d 421, 426 (1966). The term “sum certain,” therefore, contemplates a situation where the amount due cannot be disputed. See Reynolds Sec., Inc. v. Underwriters Bank, 44 N.Y.2d 568, 406 N.Y.S.2d 743, 746, 378 N.E.2d 106, 109 (1978). Such situations include actions on money judgments, negotiable instruments, or similar actions where the damages sought can be determined without resort to extrinsic proof. Id.

Interstate’s complaint states a claim for $12,967.84 and is supported by the attachment of six shipping invoices. Even assuming that an invoice can establish the liquidated amount of the claim, the invoices here fail to do so. The total amount of the six invoices is $33,932.59. The only explanation given for the $20,-964.75 difference between the two figures is that $12,967.84 represents the amount due after certain credits have been deducted. Without some statement concerning the parties’ agreement with respect to the extent of the credit, it cannot be said that the amount due is undisputed. Documentation showing a debt of $33,932.59 does not render a claim for $12,967.84 a sum certain. Nor is Interstate’s claim for a sum certain merely because it is for a specific dollar amount. See, e.g., Hecht Realty, Inc. v. Hastings, 45 N.C.App. 307, 262 S.E.2d 858, 859 (1980). Because Interstate’s claim is not for a “sum certain or for a sum which can by computation be made certain,” the clerk had no authority to enter the default judgment and it is therefore void.

The entry is:

Denial of motion to set aside default affirmed.

Default judgment vacated. Remanded for further proceedings consistent with the opinion herein.

All concurring.