Ayer v. Hemingway, Hemingway Construction and Harris

Robinson, J.,

¶ 22. dissenting. I agree with the majority that a judgment may be renewed only by the filing of a new and independent suit. Nelson v. Russo, 2008 VT 66, ¶ 6, 184 Vt. 550, 956 A.2d 1117 (mem.). See ante, ¶ 15. Had Hemingway objected to plaintiffs’ attempt in 2006 to secure a new amended judgment in the case initially resolved by the 2001 judgment, he likely would have prevailed. Likewise, had the trial court declined to enter the 2006 judgment, I would have voted to affirm an appeal of that determination. There is no basis in the Vermont Rules of Civil Procedure for amending a…