Eliason v. Harrison (2018)

Citation: Eliason v. Harrison (2018)
Parent Document: Eliason v. Harrison (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-06-26
Original Source: https://www.courtlistener.com/opinion/10026732/eliason-v-harrison/ ↗

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treats the complaint as having been constructively amended to include a collection action for the
amount of the Board’s judgment. See LeClair v. LeClair, 2017 VT 34, ¶¶ 33–34 (parties may
constructively amend complaint through issues squarely addressed in briefs). Based on the
information presented, the court finds the Eliasons have carried their burden and are entitled to
the $1,530.39 awarded by the Board, plus post-judgment interest. Finding the damages are
reasonably certain, the court also awards prejudgment interest. See Ring v. Carriage House
Condo. Owners' Ass'n, 2014 VT 127, ¶ 34, 198 Vt. 109. This would appear to be the most
practical solution to fairly, efficiently, and economically resolve this issue. If the Harrisons’
believe they are prejudiced or that facts not before the court mandate against summary judgment
on the collection action, they may file a motion to amend the judgment or for relief from
judgment. See V.R.C.P. 59 & 60. ORDER

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