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Deveneau v. Weilt
Citation: Not availableDocket: 321
Court: Vermont Superior Court; August 29, 2014; Vermont; State Appellate Court
Original Court Document: View Document
In Deveneau v. Weilt, the Vermont Superior Court addressed two motions: one for final judgment filed by Defendant Brian Toomey and another for permission to take an interlocutory appeal filed by Plaintiff William Deveneau. The case involves Plaintiff's claims of negligence against Defendants Susan Weilt, the horse's owner, and Brian Toomey, the landowner, following an incident where Plaintiff's vehicle collided with a horse. On August 12, 2014, the court granted summary judgment in favor of Toomey, determining he had no duty to prevent the horse from escaping. Toomey subsequently sought final judgment under V.R.C.P. 54(b), which requires multiple parties or claims, a final decision on at least one claim, and no just cause for delaying the appeal. Although the court acknowledged the presence of multiple parties and resolved all issues related to Toomey, it denied the motion for final judgment due to concerns about potential piecemeal appeals and the risk of multiple trials if the decision were reversed. Similarly, the court denied Deveneau's request for permission to appeal the interlocutory order, citing the same concerns about delaying the overall proceedings and the complications of separate trials related to liability and damages. The court emphasized Vermont's public policy against piecemeal appeals. The court's final orders included the denial of both motions: Toomey’s motion for final judgment and Deveneau’s motion for an interlocutory appeal. The decision was electronically signed by Judge John P. Wesley on August 29, 2014.