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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)

Citation
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Parent Document
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-08-05

Other Sections in This Document (143)

Full Text

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¶ 38. Without making any findings or reference to the applicable law, the trial court concluded that William and Catherine Rooney were agents of the landlord not subject to suit. Conclusions of a trial court that are not supported by findings cannot stand. Bisson, 160 Vt. at 350, 628 A.2d at 1261. Moreover, courts are not empowered to find facts on a summary judgment motion. Berlin Dev. Assocs. v. Dep’t of Soc. Welfare, 142 Vt. 107, 111, 453 A.2d 397, 399 (1982). Instead, the court’s task is to examine the affidavits or other summary judgment evidence to determine whether a triable issue exists. Id.