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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

664 chars
¶ 16: The tenant also appeals the court’s failure to allow his counterclaim before it entered judgment for landlord. Because this issue may recur, we address it. Tenant argues that he was denied the opportunity to formally present the counterclaim because the court never ruled on his motion to dismiss. The landlord responds that the trial court properly deferred action on the motion to dismiss, the court considered the motion at the hearing on the merits, and the tenant waived the opportunity to file a counterclaim by failing to do so within ten days of the court’s postponement. Tenant responds that the court did not properly postpone action on the motion.