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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.

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