Wood v. Wood

I cannot agree with the majority’s decision to answer the legal issue presented by the parties. In view of the limited factual record before us, I believe that the majority’s opinion responding to the propounded issue departs from this Court’s practice of refusing to render advisory opinions. Beecham v. Leahy, 130 Vt. 164, 167, 287 A.2d 836 (1972); In re Constitutionality of House Bill 88, 115 Vt. 524, 529, 64 A.2d 169 (1949).

The parties bring this matter before the Court pursuant to the provisions of Rule 5(a) of the Rules of Appellate Procedure. In my opinion, this rule contemplates the…