Juster v. Juster

Summary

The Vermont Supreme Court affirmed the denial of a defendant’s motion under V.R.C.P. 60(b)(1), (2), and (6) to set aside a divorce judgment based on a stipulation. The court held that the defendant’s failure to scrutinize asset valuations prepared by his accountant was a voluntarily assumed tactical decision, not grounds for relief based on mistake, newly discovered evidence, or another reason justifying relief.

Holdings

1. A party is not entitled to relief under V.R.C.P. 60(b)(1) for errors resulting from the party's voluntary tactical decision to accept available information without scrutiny and enter into a stipulation.
2. Evidence available to a party before judgment, but not discovered because the party failed to exercise due diligence, does not qualify as newly discovered evidence under V.R.C.P. 60(b)(2).
3. Relief under V.R.C.P. 60(b)(6) is unavailable when the asserted grounds are encompassed within one of the preceding Rule 60(b) grounds.

Questions Presented

1. Whether the defendant was entitled to relief from the divorce judgment under V.R.C.P. 60(b)(1) based on alleged errors in asset valuations that he could have discovered before voluntarily entering the stipulation.
2. Whether the alleged valuation errors constituted newly discovered evidence warranting relief under V.R.C.P. 60(b)(2).
3. Whether relief was available under V.R.C.P. 60(b)(6) when the asserted grounds were encompassed by Rule 60(b)(1) and (2).

Disposition

affirmed