Legal Opinion
State v. McCann
Supreme Court of Vermont
Decided December 24, 1987No. 87-131PublishedCited by 14 opinions
1Opinion of the CourtDooley, J.
This Court granted permission to appeal to the State under V.R.A.P. 5(b)(1) by order dated April 9, 1987. The defendant-appellee has moved pursuant to V.R.A.P. 5(b)(3) to dismiss this interlocutory appeal as improvidently granted.
As a preliminary matter, we must address the State’s argument that dismissal of the appeal in the Supreme Court is not an available remedy under V.R.A.P. 5(b)(3) where the trial court has denied permission to appeal, and this Court thereafter grants such permission. The last sentence of V.R.A.P. 5(b)(3) expressly addresses and resolves this issue:
If at any time, upon…
2Cases cited8 opinions
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Boston Edison Co. v. Boston Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1977
- Fed. Sec. L. Rep. P 95,925 Arthur Young & Company v. United States District Court, Etc., Albert Kaufman, Real Parties in InterestCourt of Appeals for the Ninth Circuit · 1977
- In Re Pyramid Co. of BurlingtonSupreme Court of Vermont · 1982
- State v. WarshowSupreme Court of Vermont · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. HastingsIdaho Supreme Court · 1990
- State v. DuboisSupreme Court of Vermont · 1988
- State v. PelicanSupreme Court of Vermont · 1990
- In re C.K.Supreme Court of Vermont · 1991
- State v. University of VermontSupreme Court of Vermont · 1988
9 more not listed; retrieve them via the Exa API.