West v. West

Supreme Court of Vermont

West v. West

413 A.2d 1222, 138 Vt. 623, 1980 Vt. LEXIS 1099

CourtSupreme Court of Vermont

DecidedMarch 18, 1980

DocketNo. 63-80

StatusPublished

This text of 413 A.2d 1222 (West v. West) 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

West v. West, 413 A.2d 1222, 138 Vt. 623, 1980 Vt. LEXIS 1099 (Vt. 1980).

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Opinion

The motion for a stay is denied, it not clearly appearing that the appellant’s contention would prevail on appeal. See In re Petition of Allied Power & Light Co., 132 Vt. 554, 556, 326 A.2d 160, 162 (1974). Appellant relies on the application of V.R.C.P. 6(e) to extend the period within which a request for findings may be filed. Such a request must be filed within 5 days “after notice of the decision.” V.R.C.P. 52(a). But service of a notice of decision is not required. V.R.C.P. 5(a). Therefore V.R.C.P. 6(e) does not apply.

Hill, J.

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The motion for a stay is denied, it not clearly appearing that the appellant’s contention would prevail on appeal. See In re Petition of Allied Power & Light Co., 132 Vt. 554, 556, 326 A.2d 160, 162 (1974). Appellant relies on the application of V.R.C.P. 6(e) to extend the period within which a request for findings may be filed. Such a request must be filed within 5 days “after notice of the decision.” V.R.C.P. 52(a). But service of a notice of decision is not required. V.R.C.P. 5(a). Therefore V.R.C.P. 6(e) does not apply.

Hill, J.

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Bluebook (online)

413 A.2d 1222, 138 Vt. 623, 1980 Vt. LEXIS 1099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-west-vt-1980.

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