riley v. dempsey (2023)

Citation: riley v. dempsey (2023)
Parent Document: riley v. dempsey (2023)
Jurisdiction: Vermont (state)
Effective Date: 2023-11-07
Original Source: https://www.courtlistener.com/opinion/9440801/riley-v-dempsey/ ↗

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On appeal before the Superior Court, the standard of review is limited. The appeal must be
heard and decided “based on the record made in the Small Claims Court.” 12 V.S.A. § 5538. The
appellate court will not set aside findings of fact unless they are clearly erroneous. Bartley-Cruz v.
McLeod, 144 Vt. 263, 264 (1984). The appellate court gives less deference to the trial court with
regard to issues of law. However, the weight of the evidence and the credibility of witnesses are for
the Small Claims Court as the trier of fact. Brown v. Pilini, 128 Vt. 324, 328 (1970). When
reviewing questions of fact, this court does not substitute its judgment for that of the Small Claims
Court. Whipple v. Lambert, 145 Vt. 339, 341 (1985). Also see Vermont Rules of Small Claims
Procedure 10(d) (appeals limited to questions of law). Issues Raised on Appeal

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