West v. West

Plaintiff-appellant brought a divorce action. The only real issue at trial was custody of the parties’ minor child. A notice of decision awarding custody to the defendant was entered on February 1,1980. On February 8,1980, a judgment order was filed incorporating the provisions of the notice of decision.

On February 7, 1980, the plaintiff filed a motion, with supporting affidavits, to reopen the hearing for presentation of additional evidence. The court denied the motion to reopen without holding a hearing.

The plaintiff claims this was error and cites Gardner v. Town of Ludlow, 135 Vt. 87, 369…