Adams v. Wright

Supreme Court of Vermont

Adams v. Wright

346 A.2d 217, 133 Vt. 481, 1975 Vt. LEXIS 435

CourtSupreme Court of Vermont

DecidedOctober 7, 1975

Docket51-74

StatusPublished

Cited by4 cases

This text of 346 A.2d 217 (Adams v. Wright) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Wright, 346 A.2d 217, 133 Vt. 481, 1975 Vt. LEXIS 435 (Vt. 1975).

Pincite

Opinion

Per Curiam.

At a previous term of this Court, on the basis of an incomplete record, we remanded an attempted appeal in this foreclosure action because the permission for review required by 12 V.S.A. § 4601 had not been obtained. After further proceedings below, such permission was obtained, and *482 notice of appeal filed by the defendant. We directed the filing of a supplemental printed case.

With the complete record now before us, it appears that this is an attempted appeal before final judgment, without compliance with V.R.A.P. 5(b) (1). It is an appeal before final judgment because, although the trial court entered judgment of foreclosure under then V.R.C.P. 80.1(e), no form of judgment (formerly called a foreclosure decree) was ever submitted to the court or executed by it, as required under then V.R.C.P. 80.1(f). No redemption time, or amount, has ever been set by the trial court.

Appeal before final judgment was never requested, or granted, under V.R.A.P. 5(b)(1), and the requisite findings and order were never made. The appeal must be dismissed.

Appeal dismissed and cause remanded.

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Per Curiam.

At a previous term of this Court, on the basis of an incomplete record, we remanded an attempted appeal in this foreclosure action because the permission for review required by 12 V.S.A. § 4601 had not been obtained. After further proceedings below, such permission was obtained, and *482 notice of appeal filed by the defendant. We directed the filing of a supplemental printed case.

With the complete record now before us, it appears that this is an attempted appeal before final judgment, without compliance with V.R.A.P. 5(b) (1). It is an appeal before final judgment because, although the trial court entered judgment of foreclosure under then V.R.C.P. 80.1(e), no form of judgment (formerly called a foreclosure decree) was ever submitted to the court or executed by it, as required under then V.R.C.P. 80.1(f). No redemption time, or amount, has ever been set by the trial court.

Appeal before final judgment was never requested, or granted, under V.R.A.P. 5(b)(1), and the requisite findings and order were never made. The appeal must be dismissed.

Appeal dismissed and cause remanded.

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Bluebook (online)

346 A.2d 217, 133 Vt. 481, 1975 Vt. LEXIS 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-wright-vt-1975.

Opinion

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