Legal Opinion · Dissent

Hoover (Letourneau) v. Hoover

Supreme Court of Vermont

Decided October 20, 2000No. 99-084Published

1DissentJohnson, J.

I am unable to join the majority’s decision affirming this award of custody because of substantial errors in the trial court’s findings of fact. All of the major findings that affected the trial court’s interpretation of the evidence and that supported its ultimate decision are either without support in the record or contrary to undisputed evidence. The errors are so serious that no deferential standard of review can save them, and the opinion should be reversed. With this degree of error, it is impossible to view the contested custody hearing as having been fair to both parties. This reason…

2Cases cited23 opinions

  1. MATTER OF TROPEA v. TropeaNew York Court of Appeals · 1996
  2. In Re Marriage of BurgessCalifornia Supreme Court · 1996
  3. Stout v. StoutNorth Dakota Supreme Court · 1997
  4. Auge v. AugeSupreme Court of Minnesota · 1983
  5. D'Onofrio v. D'OnofrioNew Jersey Superior Court Appellate Division · 1976

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