Penland v. Warren

Summary

The Vermont Supreme Court held that a trial court has jurisdiction under Vermont Rule of Civil Procedure 60(b)(6) to consider modifying a final divorce property-division order after the divorce has become absolute. The parties jointly sought to modify the division of a pension because of the husband's serious health and financial circumstances, but the trial court denied the motion for lack of jurisdiction. The Supreme Court reversed and remanded for the trial court to exercise its discretion and determine whether extraordinary circumstances warranted relief.

Holdings

1. A trial court has jurisdiction and authority under Vermont Rule of Civil Procedure 60(b)(6) to consider modifying a final property-division order after a divorce order has become absolute.
2. The Supreme Court did not decide whether the modification should be granted; the trial court must exercise its discretion and determine whether extraordinary circumstances justify relief to prevent hardship or injustice.

Questions Presented

1. Whether a trial court has jurisdiction under Vermont Rule of Civil Procedure 60(b)(6) to modify a final divorce property-division order after the order has become absolute when the parties jointly agree to the modification.
2. Whether the trial court should grant the requested modification under Rule 60(b)(6).

Disposition

reversed_and_remanded