Legal Opinion
Kotz v. Kotz
Supreme Court of Vermont
Decided December 2, 1975No. 66-75, 163-75PublishedCited by 36 opinions
1Opinion of the CourtDaley, J.
The plaintiff, in a civil action brought in the Bennington Superior Court, obtained a judgment against the defendant by default. No appeal was taken within the period prescribed by V.R.A.P. 4, and the judgment became final. The defendant then sought relief from final judgment under V.R.C.P. 60(b) on the following grounds: (1) mistake, inadvertence or excusable neglect; (2) the prior judgment upon which said judgment is based has been vacated; and (3) general principles of equity.
On February 25, 1975, the court, upon consideration of the record, representations of counsel, memoranda and rules…
2Cases cited8 opinions
- Smith v. PollinCourt of Appeals for the D.C. Circuit · 1952
- Austin Joseph Ryan v. United States Lines CompanyCourt of Appeals for the Second Circuit · 1962
- Roy Ferrell v. Trailmobile, Inc.Court of Appeals for the Fifth Circuit · 1955
- McDonough v. WW Snow Construction Co., Inc.Supreme Court of Vermont · 1973
- Horicon v. Estate of LangloisSupreme Court of Vermont · 1947
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Desjarlais v. GilmanSupreme Court of Vermont · 1983
- Molitor v. AndersonSupreme Court of Colorado · 1990
- Sandgate School District v. CateSupreme Court of Vermont · 2005
- Okemo Mountain, Inc. v. Okemo Trailside Condominiums, Inc.Supreme Court of Vermont · 1981
- Darken v. MooneySupreme Court of Vermont · 1984
31 more not listed; retrieve them via the Exa API.