AUGER v. AUGER

No. 86-334.

546 A.2d 1373 (1988)

Dawn M. AUGER v. Michael M. AUGER.

Supreme Court of Vermont.

April 29, 1988.


Attorney(s) appearing for the Case

Gensburg & Axelrod, St. Johnsbury, for plaintiff-appellee.

M. Jerome Diamond and Suzanne R. Brown, Law Clerk, on the Brief, of Diamond & Associates, P.C., Montpelier, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MAHADY, JJ.


MAHADY, Justice.

Defendant-husband brought this appeal from a final order of divorce. At trial the principal issue involved the custody of the minor child of the parties. The issue on appeal is whether the conduct of the final hearing deprived the defendant of a fair trial. We conclude that it did and reverse.

Prior to taking evidence, the trial court advised counsel that it wished to depart from the customary order of proof. As a result, the first witness...

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