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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Brunton v. Cook (2018)

Citation
Brunton v. Cook (2018)
Parent Document
Brunton v. Cook (2018)
Jurisdiction
Vermont (state)
Effective Date
2018-08-24

Full Text

852 chars
An appeal from a small claims judgment is heard and decided “based on the record made
in the small claims court.” 12 V.S.A. § 5538. The “appeal is limited to questions of law.”
V.R.S.C.P. 10(d). If the small claims court has applied the correct law, this court will affirm its
“conclusions if they are reasonably supported by the findings.” Maciejko v. Lunenburg Fire
Dist. No. 2, 171 Vt. 542, 543 (2000) (mem.). In turn, the findings of fact must be supported by
the evidence, Brandon v. Richmond, 144 Vt. 496, 498 (1984), and such findings “must be
construed, where possible, to support the judgment,” Kopelman v. Schwag, 145 Vt. 212, 214
(1984). The court’s review of the small claims court’s legal conclusions, however, is “non-
deferential and plenary.” Maciejko, 171 Vt. at 543 (quoting N.A.S. Holdings, Inc. v. Pafundi,
169 Vt. 437, 439 (1999)).