§ 4463

Citation: § 4463
Parent Document: Sweet v. Roy, 801 A.2d 694 (2002)
Jurisdiction: Vermont (state)
Effective Date: 2002-04-26
Original Source: https://www.courtlistener.com/opinion/2320480/sweet-v-roy/ ↗

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Plaintiffs complaint and amended complaint named as defendants Marcien, Mary Anne and Leon Roy. Defendants answered and raised counterclaims by Marcien Roy, acting as trustee on behalf of the trust. This was apparently the first notice that the park was owned by the trust, rather than by Marcien and Mary Anne Roy. Plaintiff responded by making a motion to amend the complaint to add the trust as a defendant. She attached to the motion, as the proposed amended complaint, a new first page which changed the caption to add the trust as a defendant and changed paragraph three in the complaint to state “Defendants Marcien Roy and Mary Anne Roy are trustees of the Marcien and Mary Anne Roy Trust, which owns the Royal Pine Villa Mobile Home Park.” Apparently, she requested the single page amendment because the prayers for relief were generally stated as against “defendants” without differentiating among them. The court allowed the amendment by an order dated April 6,1998. Plaintiff filed no further document in response to that order.

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