Miller v. A.N. Deringer, Inc.
| Decision Date | 14 June 1985 |
| Docket Number | No. 83-234,83-234 |
| Citation | 498 A.2d 501,146 Vt. 59 |
| Court | Vermont Supreme Court |
| Parties | Constance MILLER v. A.N. DERINGER, INC., and Northern Security Insurance Co. |
Rodney F. Vieux, Johnson, for plaintiff-appellant.
C. Nicholas Burke and Robert P. Gerety, Jr. of Plante, Richards, Terino & Hanley, P.C., White River Junction, for defendant-appellee Northern Sec. Ins. Co.
Before ALLEN, C.J., HILL and GIBSON, JJ., and BARNEY, C.J. (Ret.), and UNDERWOOD, J. (Ret.), Specially Assigned.
Plaintiff sued A.N. Deringer, Inc., her insurance agent (hereinafter, agent), and Northern Security Insurance Company, an insurance carrier (hereinafter, carrier), seeking to recover for losses incurred in a fire that destroyed her mobile home and possessions. After interrogatory answers and a deposition established that the agent had never forwarded plaintiff's premium to the carrier, the court granted plaintiff's motion for summary judgment against the agent and dismissed plaintiff's claim against the carrier.
The agent appealed; plaintiff took no appeal from the dismissal of her claim against the carrier. Thereafter, plaintiff and agent stipulated to an order of this Court vacating the judgment and remanding for retrial.
On remand, plaintiff successfully moved to amend her complaint to reassert a claim against the carrier. However, several weeks later, on the carrier's motion, the court dismissed the claim on the grounds that the plaintiff had never appealed the prior judgment. Plaintiff appeals from the dismissal. We affirm.
Judgments from which timely appeals are not taken are conclusive upon the parties. Baird v. Baird, 142 Vt. 115, 117, 454 A.2d 1229, 1230 (1982); Union Bank v. Jones, 138 Vt. 115, 125, 411 A.2d 1338, 1344 (1980). 9 J. Moore, B. Ward & J. Lucas, Moore's Federal Practice § 204.11, at 4-54 (2d ed. 1985) (footnote omitted); see Tallman v. Udall, 324 F.2d 411, 418 (D.C. Cir.1963) (concurring opinion by majority of panel), rev'd on other grounds, 380 U.S. 1, 85 S.Ct. 792, 13 L.Ed.2d 616 (1965).
Plaintiff claims that the agent's appeal preserved her claims. However, if an appellant's appeal preserved...
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McCort, In re, 93-237
...to do so. Since this decision is not before us in the State's appeal, we are unable to consider it. See Miller v. A. N. Deringer, Inc., 146 Vt. 59, 60, 498 A.2d 501, 503 (1985). This is not a case where appellee is content with the judgment but seeks to raise additional claims if it is Boar......
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Cenlar FSB v. Malenfant
...its dismissal order. Lender did not timely appeal the dismissal order, and we cannot now revisit the issue. Miller v. A.N. Deringer, Inc., 146 Vt. 59, 60, 498 A.2d 501, 502 (1985) ("Judgments from which timely appeals are not taken are conclusive upon the parties."). ¶ 17. Accordingly, we a......
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Hixson v. Plump
...avenue for defendant was appeal of the court's decision in New York, not subsequent attack in Vermont. Miller v. A.N. Deringer, Inc., 146 Vt. 59, 60, 498 A.2d 501, 502 (1985). Because the New York Supreme Court rendered a final judgment that was not appealed, and because defendant has stipu......
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Margison v. Spriggs, 83-540
...M. Kane, Federal Practice & Procedure § 2712, at 563 (1983). However, because of its severe consequences, e.g., Miller v. A.N. Deringer, Inc., 146 Vt. -----, 498 A.2d 501 (1985) (res judicata effect), summary judgment should be granted cautiously so that no one will be improperly deprived o......