Legal Opinion
Myers v. Brown
Supreme Court of Vermont
Decided June 7, 1983No. 548-81PublishedCited by 16 opinions
1Opinion of the CourtBillings, C.J.
This is an appeal by defendant, Auto-Tune, Inc., from a denial of a motion for relief from default judgment, pursuant to V.R.C.P. 60(b) (6). The issue presented is whether a party who has actual knowledge of a lawsuit against him, but who has been improperly served with process, may take no action in defense of the lawsuit, allow a default judgment to be entered against him, and then seek to have that judgment set aside by bringing a motion for relief under V.R.C.P. 60(b)(6). Defendant argues that, in refusing to disturb the default judgment, the trial court either withheld its discretion or…
2Cases cited11 opinions
- Katherine Amen v. City of Dearborn, a Municipal Corp.Court of Appeals for the Sixth Circuit · 1976
- Wyrough & Loser, Inc. v. Pelmor Laboratories, Inc.Court of Appeals for the Third Circuit · 1967
- Zelson v. ThomfordeCourt of Appeals for the Third Circuit · 1969
- Schwarz v. ThomasCourt of Appeals for the D.C. Circuit · 1955
- Charles R. Veeck v. Commodity Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1973
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. TherrienSupreme Court of Vermont · 1993
- Michael D. Messier v. Kay H. Bushman and The Standard Fire Insurance Company d/b/a TravelersSupreme Court of Vermont · 2018
- Natural Resources Board Land Use Panel v. Dorr, MGC, Inc., and Dorr Oil Co.Supreme Court of Vermont · 2015
- Brady v. BrauerSupreme Court of Vermont · 1987
- Rollo v. CameronSupreme Court of Vermont · 2013
11 more not listed; retrieve them via the Exa API.