Sandgate School District v. Cate

2005 VT 88, 883 A.2d 774, 178 Vt. 625, 2005 Vt. LEXIS 260
CourtSupreme Court of Vermont
DecidedJuly 28, 2005
Docket04-286
StatusPublished
Cited by39 cases

This text of 2005 VT 88 (Sandgate School District v. Cate) 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
Sandgate School District v. Cate, 2005 VT 88, 883 A.2d 774, 178 Vt. 625, 2005 Vt. LEXIS 260 (Vt. 2005).

Opinion

¶ 1. Plaintiff Sandgate School District (Sandgate) appeals a decision from the Bennington Superior Court denying its motion for relief from judgment. The original motion for relief was filed after the superior court granted the opposing- party’s motion on the pleadings because Sandgaté had failed to file a response. We affirm.

¶ 2. The facts of the underlying ease are as follows: Defendant Alan Watts and his family resided in the Sandgate School District. Sandgate does not maintain its own schools, but issues tuition payments to families with children to offset costs incurred for schooling outside of the district or in private schools. After Watts and his wife divorced, the children moved from the district with their mother. Watts’ residency status within the district became uncertain when he leased the Sandgate home in'September 2001, retaining only the garage and a room above the garage that lacked plumbing. Watts sold the home to his lessees in March 2002. Sandgate refused to issue tuition payments to Watts without proof of residency, and Watts appealed to the Department of Education, which ruled in Watts’ favor. In September 2003, Sand-gate filed suit against Watts and Commissioner of Education Richard Cate, alleging that the Department erred when it found that Watts was a resident eligible for tuition payments.

¶3. In the three months after Sand-gate filed its complaint, defendant Cate filed two motions to dismiss on procedural grounds. Sandgate responded to each motion in turn, and each was denied by the superior court. In January 2004, the court issued an entry order requiring the parties to file a discovery stipulation regarding deadlines by which the parties would file transcripts and legal briefs relating to the case. Neither party made any filings to comply with the court order. Two days after the court’s entry order was issued, defendant Cate filed a motion for judgment on the pleadings. *626 Sandgate filed no response to defendant’s motion.

¶ 4. In April 2004, the superior court issued an entry order granting defendant’s motion because of Sandgate’s failure to respond. Sandgate then filed a motion for relief from judgment pursuant to Vermont Rule of Civil Procedure 60(b). Sandgate explained that it did not respond to defendant’s motion because the court had denied defendant’s two previous motions. It believed defendant’s motion on the pleadings added no new substantive arguments to those presented in the previous motions and had assumed that the court would deny defendant’s motion. The court denied Sandgate’s Rule 60(b) motion without a hearing. Sandgate then appealed to this Court.

¶ 5. Sandgate maintains that the superior court abused its discretion when it declined to grant relief from the judgment and erred by not holding a hearing on its Rule 60(b) motion. Sandgate’s original motion was made under Rule 60(b) generally; its brief on appeal appears focused on Rule 60(b)(6), but also cites cases that rely on Rule 60(b)(1). As an excuse for its failure to respond to the motion on the pleadings, Sandgate points to its incorrect belief that a response was unnecessary. Sandgate also argues that if the trial court’s decision is affirmed, it will be without a venue in which to argue the merits of its case. Additionally, Sand-gate invites this Court to decide the substantive legal issues of the original case and clarify an allegedly muddy residence standard under 16 V.S.A. § 1075(a)(3). Because we find that the superior court did not err in denying Sandgate’s Rule 60(b) motion, we decline to examine the other issues raised in Sandgate’s appeal.

¶ 6. The standard of review for Rule 60(b) motions is well established. The trial court has discretion when ruling on a motion for relief from judgment under Rule 60(b). Estate of Emilo v. St. Pierre, 146 Vt. 421, 423, 505 A.2d 664, 665 (1985). Absent a clear and affirmative abuse of discretion, a motion for relief from judgment will not be disturbed on appeal. Id. The moving party carries the burden of proving that such an abuse occurred. Green Mountain Bank v. Magic Mountain Carp., 148 Vt. 247, 248, 531 A.2d 604, 605 (1987).

¶7. Rule 60(b)(1) provides for relief from judgment for the reasons of mistake, inadvertence, surprise, or excusable neglect. However, Rule 60(b)(1) “does not operate to protect a party from tactical decisions which in retrospect may seem ill advised.” Okemo Mountain, Inc. v. Okemo Trailside Condos., Inc., 139 Vt. 433, 436, 431 A.2d 457, 459 (1981). Rule 60(b)(6) provides for relief from judgment for reasons not addressed in the first five subsections of Rule 60(b). Alexander v. Dupuis, 140 Vt. 122, 124, 435 A.2d 693, 694 (1981). Relief from judgment under Rule 60(b)(6) is intended to “prevent hardship or injustice and thus [is] to be liberally construed and applied. Nevertheless, clause (6) of the Rule may not be used to relieve a party from free, calculated, and deliberate choices he has made.” Estate of Emilo, 146 Vt. at 423-24, 505 A.2d at 665-66 (internal quotations and citations omitted).

¶ 8. This Court has held that where a party simply disregards the court’s rules, such neglect is inexcusable and there is no error in a trial court’s denial of a Rule 60(b) motion. For example, in Margison v. Spriggs, 146 Vt. 116, 499 A.2d 756 (1985), the defendant appealed the denial of his Rule 60(b) motion for relief from a summary judgment. In opposing summary judgment, the defendant had filed a memorandum, but no responsive affidavits. In support of his Rule 60(b) motion, the defendant pointed to his counsel’s belief that a responsive memorandum would suffice, despite District Court Civil Rule 56(e)’s provision requiring a party to set out specific facts showing that *627 there is a genuine triable issue. We affirmed the trial court’s denial of the Rule 60(b) motion, holding that the defendant’s failure to submit the affidavits because he believed a responsive memorandum was sufficient was not excusable neglect. Id. at 120, 499 A.2d at 758-59. In words that ring remarkably true to the instant case, we noted that “[a]t best, this was an ill-advised tactical decision, or mistake of law, for which Rule 60(b) does not provide relief.” Id. at 120,499 A.2d at 759 (citations omitted); see also Okemo Mountain, Inc., 139 Vt. at 436, 431 A.2d at 459 (affirming trial court’s denial of a party’s Rule 60(b) motion and holding that the party’s failure to introduce evidence at trial because the party believed the strength of their case made the evidence unnecessary was not an excusable mistake or error); Kotz v. Kotz, 134 Vt. 36, 41, 349 A.2d 882, 885 (1975) (ruling that a party’s failure to file an answer was not due to mistake, inadvertence, or excusable neglect, and that “the fact that the defendant and his then counsel gambled and lost is not ground for granting relief from ... judgment”). While the defendant in Margison

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Bluebook (online)
2005 VT 88, 883 A.2d 774, 178 Vt. 625, 2005 Vt. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandgate-school-district-v-cate-vt-2005.