SPOONER v. TOWN OF TOPSHAM

No. 09-351.

9 A.3d 672 (2010)

2010 VT 71

James H. SPOONER v. TOWN OF TOPSHAM.

Supreme Court of Vermont.

July 22, 2010.


Attorney(s) appearing for the Case

Edwin L. Hobson , Burlington, and John Archer Hobson (on the brief), Portland, Maine, for Plaintiff-Appellant.

Andrea L. Gallitano of Otterman and Allen, P.C., Barre, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, SKOGLUND and BURGESS, JJ., and CRAWFORD, Supr. J., Specially Assigned.


REIBER, C.J.

¶ 1. Plaintiff James H. Spooner, through his attorneys, Edwin L. Hobson and John Archer Hobson, appeals a trial court order denying an award of attorney's fees and costs for both an interlocutory appeal to compel the appearance of one of plaintiff's witnesses and the work of co-counsel used for trial. Because we find that the court improperly denied these costs and fees, we reverse and remand for further proceedings.

¶ 2. In 2001, the...

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