Cited by
Opinions in New Hampshire that cite In Re Aube, 969 A.2d 338.
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State of New Hampshire v. Douglas Collins
N.H. 2025
In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009).
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State of New Hampshire v. Adam Hersom
N.H. 2025
“The fact finder may accept or reject, in whole or in part, the testimony of any witness or party, and is not required to believe even uncontroverted evidence.” In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009).
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In the Matter of Hilary Buonopane and John Waite
N.H. 2024
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Charles Smith, Jr., and Shaun Smith
N.H. 2024
In the Matter of Aube & Aube, 158 N.H. 459, 465-66 (2009).
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In the Matter of Nicole McCormack Parker and Roy Parker
N.H. 2024
In the Matter of Aube & Aube, 158 N.H. 459, 465-66 (2009); see In the Matter of Heinrich & Curotto, 160 N.H. 650, 657-58 (2010).
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In the Matter of Susan Swartz and Robert Swartz
N.H. 2024
In the Matter of Aube & Aube, 158 N.H. 459, 465-66 (2009).
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Appeal of Matthew Graves & a.
N.H. 2023
In the Matter of Aube & Aube, 158 N.H. 459, 465-66 (2009) (“The fact finder may accept or reject, in whole or in part, the testimony of any witness or party, and is not required to believe even uncontroverted evidence.”).
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In the Matter of Keith Colado and Meagan Colado
N.H. 2023
In the Matter of Aube & Aube, 158 N.H. 459, 465-66 (2009).
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In the Matter of Devlin Morey and Leslie Groves
N.H. 2023
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Kyle Norway and Rebecca Shattuck
N.H. 2023
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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K.H. v. T.K.
N.H. 2023
In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009) (noting that the trial court may accept or reject, in whole or in part, the testimony of any witness or party).
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In the Matter of Michelle McKinnon and James McKinnon
N.H. 2022
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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E.D. v. J.N.
N.H. 2022
In the Matter 3 of Aube & Aube, 158 N.H. 459, 466 (2009) (The trial court, as fact finder, may accept or reject, in whole or in part, the testimony of any witness or party.).
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S.C. v. G.C.
N.H. 2022
Although we ordinarily “assume that the trial court made subsidiary findings necessary to support its general ruling,” In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009) (quotation omitted), we cannot make such an assumption in cases when the record includes erroneous factual findings or errors of law that “render [the court’s order] improper,” Davis v. American Plastics., 108 N.H. 454, 455 (1968); see also In re C.C., 174 N.H. ___, ___ (decided Jan.
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In the Matter of James R. Britton and Patricia F. Britton
N.H. 2022
In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009) (“The fact finder may 7 accept or reject, in whole or in part, the testimony of any witness or party, and is not required to believe even uncontroverted evidence.”).
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In the Matter of David Bournival and Eileen Bournival
N.H. 2021
As the trier of fact, the court was entitled to “accept or reject, in whole or in part, the testimony of any witness or party” and was “not required to believe even uncontroverted evidence.” In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009).
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In re R.H.
N.H. 2021
In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009).
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In the Matter of Lenny Pham and Bichngo Pham
N.H. 2021
We will uphold the trial court’s findings unless they are unsupported by the evidence or legally erroneous, In the Matter of Kempton & Kempton, 167 N.H. 785, 798 (2015), deferring to the trial court on matters such as resolving conflicts in testimony, evaluating credibility, and determining the weight of evidence, In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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Petition of New Hampshire Division of State Police
N.H. 2021
Ct. R. 21(b); see also In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009) (“We must assume that the trial court made subsidiary findings necessary to support its general ruling.” (quotation omitted)).
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Karyn Kelley v. Leslie Wood
N.H. 2020
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Erica de Vries and Edward de Vries
N.H. 2020
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Deanne Lyons and Wayne Boucher
N.H. 2020
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of David Connelly and Kimberly Kivela
N.H. 2020
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Jennifer Marino and John Marino, III
N.H. 2020
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Sean Braunstein and Jericka Braunstein
N.H. 2020
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Alfred Charest, III and Barbara Charest
N.H. 2020
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Allen McKenzie and Jodi McKenzie
N.H. 2019
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Brian Balch and Karen Balch
N.H. 2019
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Erica Cowen and Charles Cowen
N.H. 2019
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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Appeal of Northern Pass Transmission, LLC & a.
N.H. 2019
We defer to the Subcommittee’s “judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Tarek Gomaa and Amany Kandil
N.H. 2019
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Rebecca Stanley-Snelling and Randall Snelling
N.H. 2018
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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Mark Keenan v. Karen Tuthill & a.
N.H. 2018
In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009).
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Michael Weeden v. Shawn O'Brien
N.H. 2018
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Gregory Neal and Lauren DiGiulio
184 A.3d 90
N.H. 2018
In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009) (“We must assume that the trial court made subsidiary findings necessary to support its general ruling.” (quotation omitted)).
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In the Matter of Edward Fallon and Ganna Fallon
N.H. 2018
We defer to the trial court on matters such as “resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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Christopher Ouellette v. Chuck Smith's Auto, LLC
N.H. 2017
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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Wayne Ross, Trustee of the Wayne Ross Revocable Trust & a. v. Donald W. Ross & a.
172 A.3d 1069
N.H. 2017
In the Matter of Aube & Aube, 158 N.H. 459, 466 (2009) (“We must assume that the trial court made subsidiary findings necessary to support its general ruling.” (quotation omitted)).
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Melissa Allen v. Lawrence Holdsworth
N.H. 2017
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Susan Drew and James Drew
N.H. 2017
Having failed to do so, and because we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence, In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009), we uphold the trial court’s determination.
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Karen Hinse v. Ryan Dunn
N.H. 2017
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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Charles Emerson v. Noel Gonzales & a.
N.H. 2017
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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Misty Brisiel v. Jonathan Brisiel
N.H. 2017
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Caren Logan and James Logan
N.H. 2017
6 “[W]e defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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John D. Tucker, Jr. v. Jean A. Tucker & a.
N.H. 2017
He challenges the trial court’s findings that: (1) RSA 508:5 (2010), which establishes a 20-year statute of limitations for “[a]ctions of debt upon judgments,” governs his 2015 action to recover on a stipulation incorporated into his parents’ 1972 divorce decree, see In the Matter of Aube & Aube, 158 N.H. 459, 464 (2009) (holding that final divorce decree is judgment subject to post-judgment interest); (2) even if his action were governed by RSA 508:4 (2010), which establishes a three-year statu
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In the Matter of Amanda Herman and Nathan Adams
N.H. 2016
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Christopher Taylor and Therese Taylor
N.H. 2016
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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In the Matter of Paula Geraghty and Kenneth Geraghty
150 A.3d 386
N.H. 2016
“[W]e defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” See In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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Hannah Jones v. Kevin Moul
N.H. 2016
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).
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Melanie Phelps v. Bhavnesh Kaushik
N.H. 2016
In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009).