Maskell v. Beaulieu
| Decision Date | 01 September 1981 |
| Docket Number | No. 372-80,372-80 |
| Court | Vermont Supreme Court |
| Parties | Ronald S. MASKELL, Ephriam J. Machia and Rosalie A. Machia v. Hyacinthe BEAULIEU. |
David M. Yarnell and Daniel J. Lynch of John Kissane Associates, St. Albans, for plaintiffs.
James L. Levy and Michael Rose, Law Offices of James L. Levy, St. Albans, for defendant.
Before BARNEY, C. J., and LARROW, BILLINGS, HILL and UNDERWOOD, JJ.
Plaintiffs brought an action for specific performance and damages. Defendant answered and counterclaimed for damages. The action was heard by a court consisting of a presiding judge and two assistant judges.
The court ordered defendant to convey the real property at issue to the Machias and pay damages to the Machias and Maskell. It was further ordered that Maskell pay defendant one dollar on his counterclaim. From this order, defendant appeals. We reverse.
In Pockette v. LaDuke, 139 Vt. ---, 432 A.2d 1191 (1981), we held that a suit in equity should be heard alone and exclusively by the presiding superior judge. Assistant judges have no role in these matters, and their presence is improper. The record in this case reveals that the assistant judges not only sat at the hearing but participated in making the findings of fact and conclusions of law.
As this case sounds in equity and as the assistant judges participated in the hearing, we hold that this court was improperly constituted. Since this circumstance clearly affected the eventual result, we remand for retrial on all matters still at issue.
Reversed and remanded.
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Soucy v. Soucy Motors, Inc.
...sat in an action for specific performance and participated in the making of findings of fact and conclusions of law. Maskell v. Beaulieu, 140 Vt. 75, 435 A.2d 699 (1981). There is no question but that in superior court all authority in equitable matters vests exclusively in the presiding ju......
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American Trucking Associations, Inc. v. Conway
...under our law prior to Soucy, the presence of assistant judges in cases in equity could require reversal. See Maskell v. Beaulieu, 140 Vt. 75, 435 A.2d 699 (1981); Pockette v. LaDuke, 139 Vt. 625, 432 A.2d 1191 (1981). Here, however, the case was decided on stipulated facts, so there was no......
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State v. Jarrett
...But we have summarily reversed where the record clearly showed the presence of active participation in the decision. Maskell v. Beaulieu, 140 Vt. 75, 435 A.2d 699 (1981). It is one thing to assume compliance with recognized standards, in keeping with the burden on the appellant to demonstra......
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Braun v. Humiston, 158-80
...actively participated in the hearing and in the making of the findings of fact that would be reversible error. Maskell v. Beaulieu, 140 Vt. ---, ---, 435 A.2d 699, 700 (1981). A brief review of the law of summary judgments is necessary before we address the defendants' claim that the trial ......