Nugent v. Shambor

I concur with the majority that the jury verdict was purely advisory, and that the trial *198court had authority to disregard it. In affirming the trial court’s judgment decreeing a two-thirds interest to the plaintiff and a one-third interest to the defendant, the majority relies on the failure of the defendant to cross appeal.

In my view the appeal by the plaintiff from the final judgment brings the whole case up for appellate review, including all issues litigated below which affect the final decree, if they are briefed. V.R.A.P. 3(a); Brattleboro Chalet Motor Lodge, Inc. v. Thomas, 129 Vt.…