J & B International Trucks, Inc. v. Bessette

ENTRY_ORDER.93-133; 161 Vt. 621; 639 A.2d 1390

[Filed 01-Feb-1994]

                                 ENTRY ORDER

                       SUPREME COURT DOCKET NO. 93-133

                             JANUARY TERM, 1994


 J & B International Trucks, Inc.  }          APPEALED FROM:
                                   }
                                   }
      v.                           }          Chittenden Superior Court
                                   }
                                   }
 Martin R. Bessette, et al.        }          DOCKET NO. S1270-92CnC

              In the above entitled cause the Clerk will enter:

      Martin Bessette appeals a superior court ruling that a judgment lien
 underlying a foreclosure judgment against him was valid.  Bessette asserts
 that real estate subject to a judgment lien must be specifically identified,
 citing Spaulding v. Cahill, 147 Vt. 273, 275, 514 A.2d 714, 715 (1986) (real
 estate subject to prejudgment attachment lien must be sufficiently identi-
 fied to inform defendant and those with whom he may deal that the property
 is attached).  We affirm.

      In 1985, J & B obtained a $10,000 judgment against Bessette.  Several
 months later, J & B recorded the judgment order in the Milton Land Records,
 thereby creating a judgment lien against Bessette's property in Milton.  12
 V.S.A. {{ 2901-2905.  In 1993, J & B obtained a judgment of foreclosure on
 Bessette's real estate after his default.

      12 V.S.A. { 2904 sets forth the proper method to record a judgment
 lien: "Recording shall consist of filing a copy of the judgment with date
 when it became final, certified by the clerk of the court issuing the
 judgment" and must be within eight years from the date the judgment becomes
 final.  The statute requires no more.  Where the meaning of a statute is
 plain on its face, this Court will enforce the statute according to its
 terms.  Burlington Elec. Dep't v. Vermont Dep't of Taxes, 154 Vt. 332, 335-
 36, 576 A.2d 450, 452 (1990).  J & B complied with the requirements of {
 2904, and its judgment lien against Bessette's real estate was valid.

      We need not address the issue of attorney's fees because Bessette
 never raised the issue below.  Lanphere v. Beede, 141 Vt. 126, 129, 446 A.2d 340, 341 (1982) (matters raised for the first time on appeal are not
 considered on appellate review).  Bessette did not object to the clerk's
 accounting in the trial court.

      Affirmed.

                                    BY THE COURT:


                                    _______________________________________
                                    Frederic W. Allen, Chief Justice



                                    _______________________________________
                                    Ernest W. Gibson III, Associate Justice


                                    _______________________________________
                                    John A. Dooley, Associate Justice


                                    _______________________________________
                                    James L. Morse, Associate Justice
 [x]  Publish

                                    _______________________________________
 [ ]  Do Not Publish                Denise R. Johnson, Associate Justice