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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/relwdmts0043 and id is 1 raw text is: JUDGMENTS CHAPTER 3. FORMER ADJUDICATION TOPIC 2. PERSONAL JUDGMENTS TITLE B. EFFECT ON THE ORIGINAL CAUSE OF ACTION § 47. Judgment for Plaintiff-Merger Vt.2020. Com. (e) quot. in disc. Ex-wife filed a motion against ex-husband, seeking to enforce their 2007 divorce order. After a hearing, the trial court entered a 2011 judgment in ex-wife's favor. Ex-wife subsequently filed a motion to enforce the 2011 judgment. The trial court denied ex-husband's motion to dismiss, in which he argued that the statute of limitations was controlled by the 2007 order, rather than the 2011 judgment. This court reversed on interlocutory appeal, holding that ex-husband's motion to dismiss should have been granted, because ex-wife failed to file a new and independent action seeking renewal of the 2011 judgment. The court cited Restatement of Judgments § 47 in noting that a civil action on a judgment was a new and independent action, and that a creditor not only could maintain proceedings for the enforcement of the judgment, but also could maintain an action upon the judgment. Blake v. Petrie, 245 A.3d 768, 773. COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI