Bank of New York v. Lenge
Bank of New York v. Lenge
Opinion of the Court
Appellee Bank of New York moves to dismiss appellant Nicholas J. Lenge’s pro se appeal for lack of jurisdiction. The Bank argues that because Lenge failed to seek the permission of the trial court to appeal from the judgment of foreclosure, which included judgment on Lenge’s counterclaims and third-party claims, this Court is without jurisdiction to hear his appeal. We agree and dismiss the appeal for lack of jurisdiction.
Before an individual can appeal to this Court from a judgment of foreclosure, the individual must seek permission from the trial court within ten days of judgment under 12 V.S.A. § 4601 and V.R.C.P. 80.1(m). This rule promotes finality of foreclosure judgments. See Citibank v. Groshens, 171 Vt. 639, 640, 768 A.2d 1272, 1273 (2000) (mem.) (dismissing appeal from denial of motion to reopen foreclosure judgment where appellant had failed to seek permission to appeal original foreclosure judgment, and noting that allowing such appeals would circumvent rule designed to promote finality); see also Reporter’s Notes, V.R.C.P. 80.1 (1985 amendment) (noting that ten-day time limit was established tp promote finality of foreclosure judgments).
Given that this action was initiated as a foreclosure action, compare Denlinger v. Mudgett, 151 Vt. 208, 210-11, 559 A.2d 661, 662-63 (1989) (addressing merits of sellers’ appeal concerning initial action against them for misrepresentation by broker, but dismissing sellers’ appeal
Reference
- Full Case Name
- The BANK OF NEW YORK v. Nicholas J. LENGE, Leonard's Gas & Electric Service and Nicholas Lenge, Jr. v. TMS Mortgage, Inc. d/b/a The Money Store
- Status
- Published