Emmons v. Emmons

My disagreement with the majority involves fundamentals. They have, I believe, intruded improperly into the trial court’s prerogative of assessing credibility and finding facts; moreover, they have engaged in an exercise of statutory construction which, in my view, is not only fallacious, but serves no legitimate purpose, and finally, they have failed to analyze the record in the light of the statutory mandates of 15 V.S.A. § 751. Accordingly, I am compelled, respectfully, although not reluctantly, to dissent.

In reaching its conclusion the majority has relied heavily on modifying evidence…