Schmitt v. Force (2011)

Citation: Schmitt v. Force (2011)
Parent Document: Schmitt v. Force (2011)
Jurisdiction: Vermont (state)
Effective Date: 2011-03-10
Original Source: https://www.courtlistener.com/opinion/4489909/schmitt-v-force/ ↗

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Schmitt further claims that had he been able to introduce certain e-mail correspondence
between the parties into evidence, the Court would have better understood his motivations and
reasons for acting in the manner that he did. Schmitt asserts that the Court would have been less
suspicious of the overall contractual arrangements between Schmitt and Force. However, as
stated above, the Court finds no indication that Schmitt was in any way prevented from
presenting this evidence at the hearing. If in fact Schmitt had such evidence to present, there
were numerous opportunities for him to do so, either in his case-in-chief, or during his rebuttal to
Ms. Force’s presentation. Since an appeal must be “based on the record made in the small
claims court,” 12 V.S.A. § 5538, the Court will not now consider evidence that Schmitt did not,
despite having ample opportunity to do so, present at the hearing.

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