Appellate Law

Posts by Appellate

NH Supreme Court Holds that a Guardian has Authority to Withdraw Life Support

Attorney Doreen Connor, representing Concord…

Attorney Christine List Joins Our Portsmouth Office

We are pleased to announce that Christine…

Best Lawyers 2019 Lawyer of the Year Awards

Primmer Piper Eggleston & Cramer PC is pleased…

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Our Appellate Group works with trial attorneys to uphold favorable rulings or to seek reversal of rulings where legal error has occurred.
In addition to working with our trial attorneys, we regularly accept referrals from outside attorneys who may not have the experience or time necessary to successfully appeal or defend a decision on their clients’ behalf. When outside counsel retains us, we put our respective practice knowledge and appellate experience to work for your client. When the appeal is over, we return the client to you. Primmer’s experienced appellate lawyers routinely represent clients before the New Hampshire Supreme Court, the Vermont Supreme Court, and the United States Court of Appeals for the First and Second Circuit. We can also assist with other appellate efforts, including appeals to the United States Supreme Court and other federal circuit courts of appeal, should the need arise.

Our appellate team includes Doreen Connor, who is a Fellow of the American Academy of Appellate Lawyers and has handled in excess of 195 appeals. She has been recognized for her appellate practice in Best Lawyers since 2011. Gary M. Burt has handled in excess of 30 appeals and tried more than 200 jury trials. Gary has been recognized by Best Lawyers in America for his trial work since 2011. Matthew Delude has represented clients before the United States Supreme Court, nearly every federal circuit court of appeals and the New Hampshire Supreme Court. Christine List, a former Appellate Public Defender, has handled 20 plus appeals before the New Hampshire Supreme Court in the areas of family and criminal law. Gary Franklin, operating out of our Burlington, VT office, has appeared before State and Federal courts in multiple jurisdictions at both the trial and appellate level as well as before arbitration panels.

Our appellate work includes appeals in personal injury, commercial litigation, insurance disputes, family law, administrative appeals, criminal law, zoning, and probate.

Services Provided

Representative Decisions

Brillman v. New England Guaranty Ins. Co.

Brillman v. New England Guaranty Ins. Co., 2020 VT. 16 (February 21, 2020), Primmer as amicus curiae for the Insurers successfully challenged a lower court decision that invalidated the one year statute of limitations for property insurance suits because it concluded the phrase “date of loss” was ambiguous.  The Supreme Court reversed and found the phrase refers to the date of loss for which coverage is sought.

In re: Guardianship of L.N.

In re: Guardianship of L.N., ___ N.H.___ (February 19, 2020), Primmer as amicus curiae for Concord Hospital, successfully challenged a Probate Court Order that denied the guardian’s rights, under RSA 464-A:9 to make end of life decisions without prior Court approval.

In re: Anderson

In re: Anderson, 2019 WL 632319 (November 26, 2019), Primmer successfully defended a compliant child support Order against a challenge based on an equal shared custody schedule. 

In re: Gelinas

In re: Gelinas, 2019 WL 2374630 (June 5, 2019), Primmer successfully defended the Family Court’s equal division of husband’s business properties as well as a lifetime alimony award based upon wife’s physical disabilities.

In re: Garczynski Revocable Trust

In re: Garczynski Revocable Trust, 2018 WL 3581069 (July 26, 2018), Primmer successfully challenged a Probate Court decision that denied the petitioner his right to purchase the family home.   The Court found the petitioner had forfeited his rights by not completing the real estate closing within 60 days of the Court’s Order, yet the Guardian had prematurely refused to schedule the closing after calculating the 60 day time table from the date of the Court order as opposed to the date of the Clerk’s notice.    

Langevin v. Travco Ins. Co.

Langevin v. Travco Ins. Co., 170 N.H. 660 (2018).  Primmer represented Travco before the Trial Court which granted summary judgment in its favor after finding the plaintiff’s request for medical payment coverage was an uncovered duplicate cost since the medical services had been covered by the plaintiff’s health insurance.  On appeal, the Supreme Court reversed and ruled as a matter of law that insureds may submit expenses paid by a health carrier to their medical payment carrier if the health carrier was exercising lien rights.  

PHH Mortgage Corp. v. Sensenich

PHH Mortgage Corp. v. Sensenich, 2017 WL 6999820 (D. Vt. 12/18/17). Primmer successfully challenged a $375,000 sanction award.  The District Court concluded the Bankruptcy Court did not have the authority to impose such sanctions under Article 1. 

Fuller v. Concord General Mut. Ins. Co.

Fuller v. Concord General Mut. Ins. Co. 2017 WL 3468640 (July 27, 2017), Primmer successfully defended a Trial Court Order granting Summary Judgment to Concord General, enforcing the owned but uninsured exclusion in its Business auto policy.  The policy stated that uninsured motorist coverage did not apply to injuries sustained by the insured while operating a vehicle owned by the named insured that is not an insured motor vehicle for uninsured motorist coverage under this coverage form.  The insured argued the policy was ambiguous because the motorcycle he was operating was an insured motor vehicle, albeit under another policy.

State v. Cora

State v. Cora, 170 N.H. 186 (2017), Attorney List successfully asserted that the New Hampshire Constitution provided broader protection to defendants subjected to warrantless searches than did the Federal Constitution which has adopted a federal automobile exception to the warrant requirement.

Liberty Utilities Corp. v. City of Concord & Manchester

Liberty Utilities Corp. v. City of Concord & Manchester, 2017 WL 3141176 (N.H. 6/16/17).  Primmer successfully challenged the fees imposed when utilities tear up municipal roadways, saving millions for the cities.

City of Rochester v. Payeur

City of Rochester v. Payeur, 160 N.H. 502 (2016).  Primmer appealed the doctrine of nullum tempus that permits a government entity to avoid any statute of limitations on bringing legal actions against other entities.

Benoit v. Cerasoro

Benoit v. Cerasoro, 169 N.H. 502 (2016).   Primmer successfully defended a quite title and adverse possession case.  The owner of former common land sued to eliminate a declaration of easements and covenants from the common land and obtained an order transferring the land back.

Ginger and William Allen

In the Matter of Ginger and William Allen, 2019-0241 (March 9, 2020).  The N.H. Supreme Court affirmed the Circuit Court order dismissing the Appellant’s motion to modify child support and alimony after it concluded the Appellant had not incurred a substantial adverse change in income.  The Court also affirmed the lower court order awarding our client attorney fees as the lower court found the Appellant’s claims “lack[ed] a basis in fact.”

Professionals

Shareholder/ Director/ Secretary
Manchester NH
(603) 626-3304
Shareholder
Manchester NH
(603) 626-3324
Shareholder / Director / Senior Vice President
Burlington VT
(802) 864-0880
Associate
Portsmouth NH||Manchester NH
(603) 626 - 3345
Associate
Burlington VT
(802) 660 3307

Frequently Asked Questions

When must a party start an appeal in New Hampshire?

Within 30 days of the Clerk’s Notice on the Final Order. Remember that your first timely filed Motion to Reconsider will toll the 30 day appeal period, but an untimely Motion or a second Motion will not. Cross appeals must be filed within 10 days of the first appeal.

How does a party start an appeal in New Hampshire?

A mandatory appeal is initiated by filing the Notice of Appeal with the New Hampshire Clerk of Court within 30 days. The filing fee is $250.00. The Notice of Appeal forms are on-line. See www.courts.state.nh.us/supreme/forms.

When must a party start an appeal in Vermont?

To start an appeal, a Notice of Appeal must be filed with the Superior Court Clerk within 30 days after entry of the judgment or order. Cross appeals may be filed within 14 days after the first Notice of Appeal is filed.

How does a party start an appeal in Vermont?

In Vermont, filing a discretionary appeal involves a persuasive ten page Memo that explains why the appeal should be accepted. An appeal as of right is taken by filing the Notice of Appeal within 30 days and the payment of entry fee.