See In re R.H., 2010 VT 95, ¶ 36, 189 Vt. 15, 14 A.3d 267 (“Preclusion is possible only if the issue was ‘necessarily and essentially determined in a prior action.’ ” (quoting State v. Pollander, 167 Vt. 301, 305, 706 A.2d 1359, 1361 (1997))); see also Trahan v. Trahan, 2003 VT 100, ¶ 8, 176 Vt. 539, 839 A.2d 1246 (mem.) (“To determine whether the second, third, and fourth criteria [of collateral estoppel] are also satisfied, we must identify what is at issue here and what was at issue in the [prior action].”). Issues are separate for collateral estoppel purposes “if the second action involves application of a different legal standard, even though the factual setting of both suits be the same.”
“To determine whether the second, third, and fourth criteria are also satisfied, [the court] must identify what is at issue here and what was at issue in the [prior proceeding].” Trahan v. Trahan, 2003 VT 100, ¶ 8, 176 Vt. 539, 541, 839 A.2d 1246, 1248. Under Vermont tort law, assault is “any gesture or threat of violence exhibiting an intention to assault, with the means of carrying that threat into effect.
¶ 37. The second Trepanier element asks whether the issue was resolved in the earlier action by a final judgment on the merits. Id.; see also Trahan v. Trahan, 2003 VT 100, ¶ 8, 176 Vt. 539, 839 A.2d 1246 (mem.) ("To determine whether the second, third, and fourth criteria [of collateral estoppel] are also satisfied, we must identify what is at issue here and what was at issue in the [prior action].").
We have consistently stated that aside from direct appeals to this Court V.R.C.P. 60(b) is the exclusive avenue for relief from judgments in family court. See Trahan v. Trahan, 2003 VT 100, ¶ 11, 176 Vt. 539, 839 A.2d 1246 (mem.); Tudhope v. Riehle, 167 Vt. 174, 177, 704 A.2d 765, 767 (1997). Assuming arguendo that the family court had treated defendant's opposition to the enforcement motion as a motion under Rule 60(b), relief still would have been inappropriate.
Id . ¶27 In Trahan v. Trahan , 176 Vt. 539, 839 A.2d 1246 (2003), a husband and wife disputed the value of their payroll company during their divorce. At that time, the company held significant assets in trust, which the family court determined likely belonged to the payroll company's clients (though not clear), a key issue in the divorce.