COTE v. WHITE

No. 752.

243 A.2d 797 (1968)

Richard COTE v. Jack S. WHITE et al.

Supreme Court of Vermont. Lamoille.

June 4, 1968.


Attorney(s) appearing for the Case

Joseph S. Wool and Saul Lee Agel, Burlington, for plaintiff.

Wick, Dinse & Allen, Burlington, for William Fitzgerald.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.


PER CURIAM.

The trial court, by an order, assessed against the defendant Fitzgerald certain charges and expenses allegedly brought about by the necessity of a mistrial. The matter still stands for rehearing. The assessing order was appealed to this Court without benefit of certification by the lower court. The order is clearly interlocutory and, without the certification required by 17 V.S.A. § 2386, we lack jurisdiction to hear the appeal. Davis v. Albany Discount...

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