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 attempts to clarify certain testimony he made at the hearing which he alleges
Judge French “unfairly characterized” concerning Schmitt’s so-called ‘suspicious’ choices made
in connection to the RFA he obtained against Ms. Force. However, whatever Schmitt’s
motivations may have been at the time, this is not the proper stage of the proceeding to introduce
this evidence for the very first time. Indeed, Schmitt’s attempts to “clarify” his testimony have
no place on appeal. Schmitt was given more than an adequate opportunity to present all relevant
evidence, articulate the motivations of his actions, and to even rebut Ms. Force’s case-in-chief.
The Court will not now entertain new evidence and arguments here on appeal.

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