Titus v. Titus, 5-70
| Decision Date | 12 May 1970 |
| Docket Number | No. 5-70,5-70 |
| Citation | 128 Vt. 444,266 A.2d 432 |
| Court | Vermont Supreme Court |
| Parties | Jane K. TITUS v. Ralph L. TITUS. |
Lisman & Lisman, Burlington, for plaintiff.
Joseph S. Wool, Burlington, for defendant.
Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.
The libellee in this matrimonial proceeding has filed a notice of appeal from an order of the Chittenden County Court during its September Term, 1969. The order was entered during the nisi period and granted the libellant's petition to vacate a divorce previously awarded her at the same term of court. The court which struck the decree was differently constituted than the one which granted the divorce and was sitting in second session, as provided in 4 V.S.A. § 111.
The libellant has moved to dismiss the appeal. She contends that the order is not a final determination of the cause and is not subject to review without permission of the lower court, required by 12 V.S.A. § 2386.
The order which aggrieves the appellant is based on his wife's petition that the divorce, decree nisi, be stricken so that she may discontinue her action against him. No cross-libel had been presented by the libellee. After hearing and findings of fact, the court, by written order, vacated the prior decree and declared it to be null and void. Had no appeal been taken, this order would have ended the action and the cause would have passed out of court.
With this capability, the determination had the force and effect of a final judgment within the settled doctrine of Beam v. Fish, 105 Vt. 96, 97, 163 A. 591. As such, it is subject to review by this Court by notice of appeal, as provided in 12 V.S.A. § 2382.
Appellee's motion to dismiss the appeal is denied.
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In re R.M., 13–086.
...(mem.) (appeal from order modifying initial disposition goal from reunification to long-term foster care); cf. Titus v. Titus, 128 Vt. 444, 444, 266 A.2d 432, 433 (1970) (order modifying a divorce decree is a final judgment that can be appealed). ¶ 9. Turning to the merits, mother's sole cl......
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Tucker v. Bushway, 95-606
...appealable. Landlords cite to various cases for the proposition that a decision is final if it is appealable. See Titus v. Titus, 128 Vt. 444, 444, 266 A.2d 432, 433 (1970); Beam v. Fish, 105 Vt. 96, 97-98, 163 A. 591, 592 (1933). Thus, landlords argue that tenants, who paid the rental arre......
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New England Tel. & Tel. Co., In re
...259, 227 A.2d 401 (1967). Or a close evaluation of the exact question at issue as a final order might be possible. See Titus v. Titus, 128 Vt. 444, 266 A.2d 432 (1970). An alternative solution might be resort to extraordinary relief under Rule 21, Each of these approaches is somewhat strain......