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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

215 summer street v thibodeau, No. 23-cv-5356 (Vt. Super. Ct. 2026)

Citation
215 summer street v thibodeau, No. 23-cv-5356 (Vt. Super. Ct. 2026)
Parent Document
215 summer street v thibodeau, No. 23-cv-5356 (Vt. Super. Ct. 2026)
Jurisdiction
Vermont (state)
Effective Date
2026-01-07

Full Text

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Additionally, the Plaintiff was able to amend her complaint pursuant to V.R.C.P. 15(a)
but failed to do so. The Plaintiff could have added the no cause eviction count after the date of
termination on December 31, 2023, which is permitted under 9 V.S.A. § 4467(i). Again, the
Plaintiff’s election not to amend the complaint to add the no cause eviction when it became ripe
is not a basis to seek relief from judgment now under V.R.C.P. 60(b)(1). See e.g., Penland v.
Warren, 2018 VT 70, ¶ 7, 208 Vt. 15 (“[R]ule [60] does not protect a party from tactical
decisions which in retrospect may seem ill advised, and it is not an open invitation to reconsider
matters concluded at trial.”).