Waitt v. Waitt

This is an appeal from an order in a contested divorce case denying the plaintiff’s motion for a new trial, V.R.C.P. 59, and her motion for relief from the final judgment on the basis of newly discovered evidence, fraud on the part of the defendant, and the negligence of her previous counsel, V.R.C.P. 60(b)(2), (3) and (6).

The plaintiff’s motion for a new trial was filed eleven days after final judgment was entered, which is one day beyond the period specified in V.R.C.P. 59(b). The trial court properly denied the motion.

A motion for relief from judgment under V.R.C.P. 60 is addressed to the…