Garcia v. Birch (2024)

Citation: Garcia v. Birch (2024)
Parent Document: Garcia v. Birch (2024)
Jurisdiction: Vermont (state)
Effective Date: 2024-09-23
Original Source: https://www.courtlistener.com/opinion/10124239/garcia-v-birch/ ↗

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This brings the Court to the question of whether it can permit the amendment of the
complaint under V.R.C.P. 15(a), or if Defendants must re-file the complaint on or before September
13, 2024 when the 60-day window under 9 V.S.A. § 4467(k). The Court finds that Defendants’
arguments on this front are valid in that the original complaint appears to have been facially invalid
given that at the time it was filed, the present no cause termination had not matured, and the
underlying bases from the January 30, 2024 notices were so invalid as to render the original
complaint invalid from the moment it was filed.

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