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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 4463

Citation
§ 4463
Parent Document
Sweet v. Roy, 801 A.2d 694 (2002)
Jurisdiction
Vermont (state)
Effective Date
2002-04-26

Other Sections in This Document (207)

Full Text

532 chars
On the first day of trial, January 25, 1999, defendants asked the court to dismiss the trust as a party defendant on the ground that no separate amended complaint had been filed once the court granted plaintiff leave to amend. The trial court refused to do so. On appeal, defendants argue that a motion is not itself a pleading, that once a motion to amend a complaint is granted an entire new amended complaint must be filed, and that because plaintiff did not do so the court erred in refusing to dismiss the trust as a defendant.