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SCULLY v. SCHUBERT

No. 89-291.

583 A.2d 93 (1990)

Allison M. SCULLY v. Charles J. SCHUBERT.

Supreme Court of Vermont.

October 19, 1990.

Attorney(s) appearing for the Case

James P. Mongeon, Rutland County State's Atty., and Susanna M. Longo, Paralegal, on the brief, Rutland, and Robert W. Katims, Dept. of State's Attys., Montpelier, for plaintiff-appellant.

Judy G. Barone of Carroll, George & Pratt, Rutland, for defendant-appellee.

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

MORSE, Justice.

This case presents the issue of whether the usual rule of appellate waiver of trial error applies when a state's attorney's office, after mishandling a URESA petition, moves for relief from judgment on an erroneous ground. We hold that due to the nature of URESA proceedings the rule that a lawyer's tactical decisions bind a client is relaxed and accordingly reverse and remand.

Allison Scully was an...

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