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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Andrus v. Dunbar, 178 Vt. 554 (2005)

Citation
Andrus v. Dunbar, 178 Vt. 554 (2005)
Parent Document
Andrus v. Dunbar, 178 Vt. 554 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-04-13

Full Text

741 chars
¶ 7. The trial court considered the motions to continue for the first time at the merits hearing. On August 19, 2003, the trial court issued a written order denying the motion to dismiss and granting judgment in landlord’s favor for both possession and damages. Tenant filed a motion for a new trial claiming that the merit’s hearing took place before his answer was due, and therefore he never had the opportunity to raise his counterclaim or request a jury trial. The trial court issued a writ of possession that was temporarily stayed, pending application to the Supreme Court. This Court denied tenant’s stay on October 21, 2003. Subsequently, the superior court issued a writ of possession, and tenant was evicted pursuant to this writ.