Sulaiman J. Jadallah v. Town of Fairfax, Stacy Wells, Gabriel Handy and Sidon Pantry, LLC

186 A.3d 1111 (Vt. 2018) · Supreme Court of Vermont · March 23, 2018 · No. 2017-287

Summary

The Vermont Supreme Court affirmed the trial court’s denial of Sulaiman Jadallah’s request to revise or vacate a settlement involving Gabriel Handy and Sidon Pantry, LLC. The Court also affirmed summary judgment for the Town of Fairfax and Stacy Wells, holding that Jadallah’s claims were barred by the statute of limitations and that no evidentiary hearing was required.

Holdings

  1. Because the order did not adjudicate all claims and the rights and liabilities of all parties, it was interlocutory and subject to revision under Vermont Rule of Civil Procedure 54(b); a Rule 60 motion was therefore inappropriate.
  2. The trial court did not abuse its discretion in denying Jadallah's request for relief or reformation because justice did not require reopening the settlement or altering the deed.
  3. Summary judgment for the Town and Wells was proper because Jadallah's civil claims accrued no later than May 2008 and his October 2014 complaint was filed after the applicable limitations period had expired.
  4. Neither Jadallah's later incarceration nor the alleged fraudulent concealment tolled the statute of limitations.
  5. The trial court acted within its discretion in deciding the motions without an evidentiary hearing.

Questions Presented

  1. Whether the trial court properly treated Jadallah's Rule 60 motion as a motion to revise an interlocutory dismissal order under Vermont Rule of Civil Procedure 54(b).
  2. Whether the trial court abused its discretion in denying relief from or reformation of the settlement documents.
  3. Whether summary judgment was proper because Jadallah's claims against the Town and Wells were barred by the statute of limitations.
  4. Whether incarceration or alleged fraudulent concealment tolled the applicable statute of limitations.
  5. Whether the trial court erred by deciding the motions without conducting an evidentiary hearing.

Disposition

affirmed

Cases Cited (12)

  • Putney Sch., Inc. v. Schaaf, 157 Vt. 396, 407, 599 A.2d 322, 328 (1991)(followed)
  • Marconi Wireless Tel. Co. of Am. v. United States, 320 U.S. 1, 47-48 (1943)(cited)
  • Remes v. Nordic Grp., Inc., 169 Vt. 37, 39-40, 726 A.2d 77, 79 (1999)(followed)
  • Gallipo v. City of Rutland, 2005 VT 83, ¶ 13, 178 Vt. 244, 882 A.2d 1177(followed)
  • King v. Gorczyk, 2003 VT 34, ¶ 7, 175 Vt. 220, 825 A.2d 16(followed)
  • Clayton v. Unsworth, 2010 VT 84, ¶ 28, 188 Vt. 432, 8 A.3d 1066(followed)
  • Agency of Nat. Res. v. Towns, 168 Vt. 449, 452, 724 A.2d 1022, 1024 (1998)(followed)
  • Lamoille Cty. Sav. Bank & Trust Co. v. Belden, 90 Vt. 535, 541, 98 A. 1002, 1005 (1916)(followed)
  • Abajian v. TruexCullins, Inc., 2017 VT 74, ¶ 19, 176 A.3d 534(followed)
  • Blake v. Nationwide Ins. Co., 2006 VT 48, ¶ 21, 180 Vt. 14, 904 A.2d 1071(followed)

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