Nelson v. Russo

¶ 1. Defendant Ronald Russo appeals from the denial of his motion for relief from judgment. He asserts that the superior court erred when it upheld a ruling that allowed plaintiff Carroll Nelson to renew his aging judgment by motion instead of requiring a separate action on the judgment in accordance with 12 V.S.A. § 506. We reverse and remand.

¶ 2. The underlying facts are as follows. On February 11, 1998, the Washington Superior Court entered a default money judgment against defendant and in favor of plaintiff. When defendant thereafter failed to comply with the judgment, plaintiff filed a…