Legal Opinion · Dissent

Lanoue v. Rutland Renovations

Supreme Court of Vermont

Decided June 10, 2008No. 06-378Published

1Dissent

Dooley, J.,

¶ 8. dissenting. The majority decision pretends that a troubling change of policy is, in fact, a routine application of settled law. We have never before held that an appeal from the final judgment comes too late only because there was an earlier order giving partial relief. The lesson of this case is that litigants must appeal early and often to be sure they preserve issues on appeal — exactly the wrong message for this Court to be sending.

¶ 9. The majority concludes that Lanoue’s claim was untimely insofar as it was filed more than ten days after the order being appealed was…

2Cases cited11 opinions

  1. Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Supreme Court of the United States · 1950
  2. In Re Appeal of Newton EnterprisesSupreme Court of Vermont · 1998
  3. State v. LafayetteSupreme Court of Vermont · 1987
  4. Diane Singleton v. Kenneth ApfelCourt of Appeals for the Eleventh Circuit · 2000
  5. Hospitality Inns v. South Burlington R.I.Supreme Court of Vermont · 1988

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