State v. CNA Ins. Companies

Toor, Supr. J.,

concurring. I agree with the resolution of this case, but I do not agree that the only basis for this Court’s jurisdiction is under V.R.AP. 2.1 believe the decision below was a final judgment.

I agree with the majority that a judgment is final if “it makes a final disposition of the subject matter before the Court.” Woodard v. Porter Hospital, Inc., 125 Vt. 264, 265, 214 A.2d 67, 69 (1965). I also agree that a decision that “adjudicates fewer than all the claims . . . shall not terminate the action.” V.R.C.P. 54(b). However, I believe that the trial court’s decision here…