Smith v. Smith

At their 1975 divorce the parties entered into a stipulation later incorporated into the judgment. It provided for custody of two children, support payments, and a division of assets. Later, two contempt motions and plaintiff’s motion for relief from judgment under V.R.C.P. 60(b) resulted in a combined hearing. The 60 (b) motion alleged newly discovered evidence and fraud in its concealment, leading to the original stipulation, which, among other things, awarded business property of the parties to the defendant. Our disposition of this appeal obviates the need for extensive factual…