Coles v. Coles, 2013 VT 36
One can imagine a derivative Seinfeld routine emerging from today’s case, which would work over the magic phrase: “excusable neglect.”
What is it about excusable neglect? Is it excusable or is it neglect? Because to me it’s one or the other. It’s either excusable, or it’s neglect. It can’t be both. It would be like a babysitter saying, “I’m sorry I didn’t watch the kid . . . Who knew that much jewelry could be flushed down a toilet.” It just doesn’t make sense. C’mon, you neglected him, and there is no excuse for that.
Funny thing, the SCOV totally agrees with Jerry.