Collette v. Bousley, 449 A.2d 936 (Vt. 1982). · Go Syfert
Collette v. Bousley, 449 A.2d 936 (Vt. 1982). Cases Citing This Book View Copy Cite
24 citation events across 2 distinct courts.
Strongest positive: Leingang v. George (nd, 1999-02-23)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Leingang v. George
N.D. · 1999 · confidence medium
See, e.g., Royal v. Safety Coatings, Inc., 655 So.2d 927, 932 (Ala.1994); Roswell Properties, Inc. v. Salle, 208 Ga.App. 202 , 430 S.E.2d 404, 411 (1993); Matthews v. Felps, 515 So.2d 545, 547-48 (La.App.1987); Kelbaugh v. Mills, 108 Md.App. 89 , 671 A.2d 41, 44 (1996); Flood v. Southland Corp., 416 Mass. 62 , 616 N.E.2d 1068, 1072 (1993); Johnson v. Egte-dar, 112 Nev. 428 , 915 P.2d 271, 275 (1996); Sundt v. State Dept. of Transp., 566 N.W.2d 476, 480 (S.D.1997); Collette v. Bousley, 141 Vt. 373 , 449 A.2d 936, 937 (1982). [¶ 18] We agree with the interpretation of those federal and state co…
cited Cited as authority (rule) State v. Seifert
Vt. · 1989 · confidence medium
Collette v. Bousley, 141 Vt. 373, 374 , 449 A.2d 936, 937 (1982); Mc-Crea v. State, 138 Vt. 517, 520 , 419 A.2d 318, 319 (1980).
cited Cited as authority (rule) United Railway Supply & Service, Ltd. v. Boston & Maine Corp.
Vt. · 1987 · confidence medium
Collette v. Bousley, 141 Vt. 373, 374 , 449 A.2d 936, 937 (1982).
discussed Cited as authority (rule) Poulin v. Ford Motor Co. (2×)
Vt. · 1986 · confidence medium
Collette v. Bousley, 141 Vt. 373, 374 , 449 A.2d 936, 937 (1982).
cited Cited as authority (rule) Westchester Fire Ins. Co. v. Deuso
Vt. · 1985 · confidence medium
“A failure to object to instructions precludes appellate review of those instructions.” Collette v. Bousley, 141 Vt. 373, 374 , 449 A.2d 936, 937 (1982); V.R.C.P. 51(b).
discussed Cited as authority (rule) Cyr v. Green Mountain Power Corp.
Vt. · 1984 · confidence medium
Ordinetz v. Springfield Family Center, Inc., 142 Vt. 466, 471 , 457 A.2d 282, 285 (1983) ; Collette v. Bousley, 141 Vt. 373, 374 , 449 A.2d 936, 936-37 (1982); Palmisano v. Townsend, 136 Vt. 372, 374 , 392 A.2d 393, 395 (1978).
discussed Cited as authority (rule) Perkins v. Windsor Hospital Corp. (2×)
Vt. · 1982 · confidence medium
While mindful that, under V.R.C.P. 51(b), the procedures for preserving objections to jury instructions are limited by requiring an objection “before the jury retires to consider its verdict,” Collette v. Bousley, 141 Vt. 373, 374 , 449 A.2d 936, 937 (1982), we nonetheless agree with plaintiff that the instruction given was erroneous.
discussed Cited "see" State v. Shaw (2×)
Vt. · 1987 · signal: see · confidence high
See Poulin v. Ford Motor Co., 147 Vt. 120, 125 , 513 A.2d 1168, 1172 (1986) (citing Collette v. Bousley, 141 Vt. 373, 374 , 449 A.2d 936, 937 (1982)).
discussed Cited "see" Hartnett v. Medical Center Hosp. of Vermont (2×)
Vt. · 1985 · signal: see · confidence high
See Collette v. Bousley, 141 Vt. 373, 374-75 , 449 A.2d 936, 937 (1982); McCrea v. State, 138 Vt. 517, 520 , 419 A.2d 318, 319 (1980).
Retrieving the full opinion text from the archive…
Richard Collette and Joyce Collette
v.
Edgar Bousley and Camille Bousley
82-81.
Supreme Court of Vermont.
Jun 16, 1982.
449 A.2d 936
George P. Stokes, Milton, for Plaintiffs., Mickenberg, Dunn and Dickson, Burlington, for Defendants.
Barney, Billings, Hill, Peck, Daley.
Cited by 10 opinions  |  Published
Hill, J.

The Collettes, plaintiff-appellees, are the owners of an apartment house in Burlington containing eight rental units. The rental units are subject to the city’s housing standards ordinance, Burlington, Vt., Rev. Ordinances ch. 18 (1962). The Burlington building inspector inspected all eight units on December 10, 17 and 19, 1975, and January 22 and 27, 1976. On February 1, 1976, the plaintiffs rented an apartment in this building to the defendant Camille Bousley. A written lease was executed. On March 8, 1976, before the defendant and her family took possession, the building inspector formally notified the plaintiffs of six violations of the housing standards ordinance in this apartment. On April 8,[*374] 1976, a reinspection disclosed that only three of the violations had been corrected.

In January of 1978, the plaintiffs brought an action for possession and damages. The defendants counterclaimed for damages, alleging substantial violations of the local housing code resulting in a breach of the warranty of habitability. A jury trial resulted in a verdict for the plaintiffs on their complaint and for the defendants on their counterclaim. The plaintiffs have not appealed. The defendants are appealing only the judgment against them on the plaintiffs’ complaint.

The defendants’ appeal raises only one issue: whether the refusal of the trial court to instruct the jury as requested by the defendants is reversible error. They challenge the refusal to charge that if there existed violations of the housing standards ordinance at the time the defendants took possession of the apartment then the lease was an illegal contract, voiding any claim for back rent. Because we find that this claim of error was not properly reserved for appellate review, we affirm.

V.R.C.P. 51(b) governs the procedures for objecting to jury instructions. The rule explicitly limits the procedures for making objections: “No party may assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects and the grounds of his objection.” This rule imposes a burden on the party who wants to challenge the validity of a trial judge’s instructions on appeal. A failure to object to instructions precludes appellate review of those instructions. See, e.g., Palmisano v. Townsend, 136 Vt. 372, 374-75, 392 A.2d 393, 395 (1978); Girroir v. Carpenter, 136 Vt. 290, 292, 388 A.2d 831, 833 (1978).

In this case, the defendants submitted their proposed instructions to the trial judge. The judge did not explicitly rule on the request, but gave a different instruction to the jury.Nowhere in the record does a formal objection appear. In a letter to the trial judge written after trial, the defendants' attorney admitted that he had not placed his objections to the instructions on the record. The defendants have not claimed[*375] anjr prejudice from the trial court’s failure to explicitly rule on the request for instructions.

The facts of this case are squarely within the holding of McCrea v. State, 138 Vt. 517, 419 A.2d 318 (1980). In McCrea, we held that the plaintiff had waived her right to appellate review of the instructions under V.R.C.P. 51(b). Although the plaintiff in McCrea had filed requested instructions which the trial court did not rule upon, we rejected the argument that filing proposed instructions was a sufficient objection under V.R.C.P. 51(b). Id. at 520, 419 A.2d at 319. In addition, we held that although the trial court erred by not explicitly ruling on the proposed charge, this failure would result in reversal only if it “prejudiced [the party’s] ability to object to the denial of [its] request to charge.” Compare id. with Fraser v. Choiniere, 133 Vt. 631, 634, 350 A.2d 755, 757 (1975).

Thus, under V.R.C.P. 51(b) and McCrea v. State, supra, the defendants have waived their right to appellate review of the jury instructions. As this was the sole issue raised on appeal, the judgment below must be affirmed.

Affirmed.