Justia Vermont Supreme Court Opinion Summaries

The primary issue in this case involved the rights of a former mother-in-law whose property interests were purportedly adjudicated in the final divorce decree between her son and his former wife in an action to which she was not a party. Appellant-former-wife Tammy Barrup appealed an order modifying a final property-division order to account for the recorded interest of her former mother-in-law in property that was purportedly divided in the final divorce decree, and also modifying spousal maintenance. The intervenor, the former mother-in-law Marilyn Barrup, cross-appealed. Upon review, the Supreme Court found no reversible error in the trial court's judgment, and affirmed the outcome. View "Barrup v. Barrup" on Justia Law

In a consolidated appeal, defendant Christopher Moreau challenged the Washington family court's dismissal of his emergency petition for child custody and parentage complaint over children with whom he shares no biological or other established legal connection, as well as the Caledonia family court’s issuance of a relief-from-abuse (RFA) order denying him visitation with the children. Defendant contended that he was the children's de facto parent and entitled to assert and be heard on custody, parentage and visitation rights. Upon review, the Supreme Court disagreed with defendant's arguments and affirmed the family courts' decisions. View "Moreau v. Sylvester" on Justia Law

In 2002, defendant Richard Hardie borrowed money from Brattleboro Savings & Loan Association in order to purchase a vacation home in Weathersfield. The loan was secured by a mortgage on the property and included a "second home rider" clause, asserting that the property was not a primary residence. Hardie was married to intervenor-appellee Lisa Mangini at the time, but was the sole owner of the property, and Mangini did not sign either the promissory note or the mortgage. Hardie twice refinanced the property without Mangini's participation, both with second home riders. By 2007, Hardie and Mangini's marriage was deteriorating. Mangini left the couple's New Jersey home and moved into the Weathersfield property. In 2008, Mangini filed for divorce in Vermont. In her divorce filing, Mangini claimed that the property had become her primary residence as of May 2007. Also in the divorce filing, Mangini requested "an award of the Weathersfield home and the adjoining land either without any encumbrances, or, in the alternative, that [Hardie] be responsible for paying off and releasing the mortgage[] to [Brattleboro Savings]." While Mangini was occupying the property and the divorce was pending, Hardie refinanced the mortgage on the Weathersfield property. The 2008 refinancing was completed without Mangini's participation, and Hardie again claimed that the property was a second home. In 2011, Brattleboro Savings commenced a foreclosure action on the property, naming only Hardie as a defendant. Despite not being named in the foreclosure case, Mangini filed an answer asserting an affirmative defense that she had established a homestead interest in the property prior to the 2008 mortgage, and that therefore the 2008 mortgage was "inoperative to convey" her homestead interest. Brattleboro Savings filed two motions for summary judgment, one requesting a foreclosure judgment against Hardie and the second seeking judgment against Mangini on her homestead claim. Mangini filed a cross-motion for summary judgment, detailing for the first time her claim that she had acquired an equitable interest in the property by her divorce filing. Brattleboro Savings appealed a superior court's decision denying its motions for summary judgment and granting Mangini's cross-motion for summary judgment, finding that Mangini held title to the Weathersfield property free and clear of a mortgage to plaintiff. The superior court ruled that the mortgage was inoperative because Hardie, mortgaged the property without the participation of Mangini in violation of 27 V.S.A. section 141(a). Upon review of the matter, the Supreme Court reversed the grant of Mangini's motion for summary judgment and the denial of Brattleboro Saving's motions for summary judgment, and remanded the case for further proceedings.View "Brattleboro Savings & Loan Assn. v. Hardie, et al." on Justia Law

The issue before the Supreme Court in this appeal stems from a final judgment of divorce: whether, as husband contended, the trial court erred in its division of the marital estate by including an offset for the disparity in value between the parties' projected Social Security retirement benefits. The parties did not agree on the assets to be included in the marital estate. Wife submitted a list of assets with a total value of $1,152,325.86, including $88,158 identified as the difference between the present value of husband's and wife's projected Social Security benefits. The value was determined by wife's accountant and credited toward husband's suggested share of the marital estate, with a corresponding offset in value for wife. Wife proposed that she be awarded either sixty percent of the value of the entire estate plus spousal maintenance, or eighty percent without maintenance. Husband submitted a separate list of marital assets which totaled $978,504 and did not include the Social Security differential. Husband proposed an award to wife of sixty percent of the value of the estate plus rehabilitative maintenance for a period of several years. In its written ruling, the trial court found that wife's proposed property division was "a reasonable one" and gave her the option of choosing either the eighty/twenty division that she had proposed or an award of sixty percent plus maintenance until she reached the age of sixty-seven. Wife subsequently opted for the higher percentage of the marital estate without the maintenance, and the trial court entered a final judgment consistent with that choice and with wife's proposed division. Husband's two subsequent motions to reconsider were denied. After its review, the Supreme Court concluded the trial court erred in treating the parties' respective anticipated Social Security benefits as assets of the marital estate, reducing them to a purported present value, allocating the differential to husband, and awarding wife a direct offset on account. "Omitting the value of these benefits only marginally affects the marital estate, valued at over $1 million, and we therefore remand for the trial court to recalculate the award pursuant to the original percentage division of eighty percent for wife and twenty percent for husband."View "Manning v. Schultz" on Justia Law

Plaintiff Neal Fox’s brother adopted defendant Eugene Fox when defendant was an infant. On April 6, 2012, defendant, a New Hampshire resident in his sixties, and plaintiff, a Vermont resident, attended a probate court hearing in Manchester, New Hampshire. After the hearing, defendant followed plaintiff to his car and proceeded to punch, kick, and step on plaintiff. Plaintiff was hospitalized as a result of the encounter. The issue this case presented for the Supreme Court's review centered on the constitutional requirements for personal jurisdiction over a nonresident defendant in the context of a relief-from-abuse (RFA) order. Nonresident defendant appeals the family court order granting plaintiff’s request for a final RFA order. Defendant argued: (1) the family court lacked personal jurisdiction over him to issue the final order; (2) defendant and plaintiff were not family members for purposes of the domestic abuse prevention statute; (3) plaintiff failed to establish that a final RFA order was necessary; and (4) the court erred in finding that defendant engaged in stalking, as defined in Vermont’s stalking statute. The Supreme Court concluded that the trial court lacked personal jurisdiction to enter a final RFA order, and reversed. View "Fox v. Fox" on Justia Law

The father of L.M. appealed the trial court's finding L.M. to be a child in need of care or supervision (CHINS). He raised numerous arguments. The Supreme Court found that while father's unstable living situation, standing alone, might not be sufficient to support a CHINS determination, there were multiple elements of risk under the facts of this case leading to the trial court's conclusion that father and L.M. could end up in an unsafe living situation. Furthermore, father's inability to follow through on recommendations designed to promote L.M.'s safety enhanced the potential risk of harm to L.M.'s well-being. Given these factors, including mother's concession, the Supreme Court concluded that the trial court record supported the decision that there was a risk of prospective harm to the child sufficient to justify the State’s temporary intervention to ensure that L.M. was safe. View "In re L.M." on Justia Law

James and Leslie Tschaikowsky were married in 1999, and were in the process of divorcing. In between, the parties legally separated, agreeing on terms of separation that were formally incorporated into a final order issued by the family court on October 12, 2007. This appeal followed husband James’s request that the family court enforce the terms of the separation agreement in the divorce proceedings through summary judgment, which the court denied. The Supreme Court agreed with husband that the agreement was binding and enforceable as a matter of law, and reversed the family court’s denial of summary judgment. View "Tschaikowsky v. Tschaikowsky" on Justia Law

The mother in this case appealed the family division's decision to place sole legal parental rights and responsibilities for the parties' two daughters with the father. She also appealed the family division's award of a share of the equity in the marital home to father. Finding no abuse of discretion or other reversible error, the Supreme Court affirmed the family division's decision. View "Paine v. Buffa" on Justia Law

In December 2011, wife Andrea Joseph filed for divorce after twenty-three years of marriage to husband Neil Joseph. In October 2012, the parties entered into a stipulation agreeing to equally divide certain joint Morgan Stanley accounts. They also agreed in the stipulation that husband would continue to pay, out of the portion of the joint accounts designated to him, “those obligations that were being paid prior to the divorce action, which would include but not be limited to: mortgages, taxes, insurance and utilities for the properties that are owned by either one or both of the parties.” The trial court approved the stipulation and entered it as a court order. This issue this case presented for the Supreme Court's review centered on the effect of an arrearage accrued under a temporary order following a final divorce decree when the arrearage was not incorporated into the final order or otherwise reduced to judgment. Wife appealed the family court’s denial of her motion to enforce husband Neil Joseph’s obligations under the temporary order after the final divorce decree issued. The Supreme Court agreed with the trial court’s analysis as to the impact of the final divorce order on the allegedly unsatisfied obligations pursuant to the temporary order, and affirmed. View "Joseph v. Joseph" on Justia Law

A mother appealed the family court’s adjudication of her daughter B.A. as a child in need of care or supervision (CHINS). She argued that the court erred in combining the merits of the CHINS proceeding with the disposition of a concurrent delinquency proceeding. Mother contended that the court lacked statutory authority to combine the hearings and that striking the CHINS adjudication is necessary to cure the error. Finding no reversible error, the Supreme Court affirmed. View "In re B.A." on Justia Law