Opinion
Opinion Filed June 4, 1968
Appeal and Error.
1. Order assessing against defendant certain charges and expenses allegedly brought about by necessity of a mistrial was clearly interlocutory and, there having been no certification by the trial court, Supreme Court lacked jurisdiction to hear the appeal.
Appeal from order of trial court assessing charges and expenses brought about by the necessity of a mistrial against defendant. Lamoille County Court, Larrow, J., presiding. Appeal dismissed.
Joseph S. Wool, Esq., and Saul Lee Agel, Esq., for the Plaintiff.
Wick, Dinse Allen for the Defendant.
April Term, 1968
Present: Holden, C.J., Shangraw, Barney, Smith and Keyser, JJ.
The trial court, by an order, assessed against the defendant Fitzgerald certain charges and expenses allegedly brought about by the necessity of a mistrial. The matter still stands for rehearing. The assessing order was appealed to this Court without benefit of certification by the lower court. The order is clearly interlocutory and, without the certification required by 17 V.S.A. § 2386, we lack jurisdiction to hear the appeal. Davis v. Albany Discount, 125 Vt. 330, 331, 215 A.2d 519; State v. Mahoney, 126 Vt. 258, 259, 227 A.2d 401.
Appeal dismissed.