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 next takes issue with Judge French’s determination that the arrangement between
Schmitt and Force was “suspicious.” As stated above, this Court has limited discretion to review
determinations made by the Small Claims Court. Here, such a credibility determination made by
Judge French is strictly within the sole purview of the fact finder and will not be disturbed by the
reviewing court on appeal. Lockwood v. Bougher, 145 Vt. 329, 331 (1985). Schmitt’s contention
is directed at the measure of evidence supporting Judge French’s judgment. It is apparent that
the testimony at the hearing was conflicting. It was, therefore, for the trier of fact to resolve the
underlying issues of credibility, and without a showing that the result he reached was without
evidentiary support, it must stand. Stearns v. Sugarbush Valley Corp., 130 Vt. 472, 474-75
(1972); Davis v. Schaad, 135 Vt. 254 (1977).

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