Choiniere v. Sheldon

VERMONT SUPERIOR CIVIL DIVISION
COURT
Windsor Unit Case No. 25-CV-02384
12 The Green
Woodstock VT 05091
802-457-2121
www.vermontjudiciary.org
Lucien Choiniere v. MR. ANDREW SHELDON et al

DISMISSAL

Plaintiff has filed an untimely appeal from a decision rendered by the Windsor
County Superior Court’s Small Claims Division. Plaintiff initially filed his complaint on
July 11, 2024, and the matter was docketed as Choiniere v. Sheldon, Dckt. No. 24-SC-
1074. The Court held a trial on January 13, 2025, and it took evidence and testimony from
the parties and witnesses. On January 14, 2025, the Court rendered a decision on the
merits in favor of Defendants.

Under Rule 10(a) of the Rules of Small Claims Court Procedure, a party has 30
days from the entry of a judgment to file a notice of appeal. In this case, Plaintiff’s time
to take an appeal under Rule 10(a) expired on February 13, 2025. On April 7, 2025,
Plaintiff sought permission to reopen the time to file an appeal. The Small Claims
Division granted that motion on May 19, 2025, pursuant to its analysis of V.R.S.C.P.
10(a)(1) and V.R.A.P. 4(c), and it gave Plaintiff until June 2, 2025 to file his notice of
appeal in a manner consistent with the requirements under Rule 10 for filing a small
claims court appeal.

Plaintiff did not file his notice of appeal until July 2, 2025, more than 30 days after
the Court’s extended deadline.

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25-CV-02384 Lucien Choiniere v. MR. ANDREW SHELDON et al
The rules concerning deadlines for filing appeals are not discretionary, and they do
not allow waiver. /n re Town of Killington, 2005 VT 87A, J 1 14, 16. In this case, there is

no showing of excusable neglect or justification that would permit Plaintiff to obtain what

would be a second extension of time to file his appeal. The appeal is untimely. As such,

the Court cannot look to the merits of Plaintiff's appeal. It must be dismissed as the

Court lacks jurisdiction to take up this appeal. State v. Cichowski, 153 Vt. 650, 650 (1989)

(mem.).

Based on this untimely appeal, and the Court's lack of jurisdiction, the present

appeal is Dismissed.

Electronically signed on 7/8/2025 3:42 PM pursuant to V.R.E.F. 9(d)

Daniel Richardson
Superior Court Judge

Vermont Superior Court
Filed
Windsor nit

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25-CV-02384 Lucien Choiniere v. MR. ANDREW SHELDON et al