Double E. Properties, LLC v. Cheever (2018)

Citation: Double E. Properties, LLC v. Cheever (2018)
Parent Document: Double E. Properties, LLC v. Cheever (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-02-07
Original Source: https://www.courtlistener.com/opinion/10026711/double-e-properties-llc-v-cheever/ ↗

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To the extent that either party submitted new evidence on appeal that was not in the
record before the Small Claims Court, the court cannot consider it. “[A]n appellate court
ordinarily ‘has no factfinding function. It cannot receive new evidence from the parties,
determine where the truth actually lies, and base its decision on that determination.’” Nat’l Anti-
Hunger Coal. v. Exec. Comm. of President’s Private Sector Survey on Cost Control, 711 F.2d 1071,
1075 (D.C. Cir. 1983) (quoting Goland v. CIA, 607 F.2d 339, 371 (D.C.Cir. 1979) (per curiam)). Order

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