Nicholson v. Dep’t of Employment

Appellant in this case attempted to challenge an agency decision denying her claim for unemployment benefits. Appellant filed a timely petition for review of agency action pursuant to Wyo. R. App. P. 12 (Rule 12). The district court dismissed the petition due to procedural deficiencies. Appellant subsequently filed a motion for reconsideration based on Wyo. R. Civ. P. 60 (Rule 60). The district court denied the motion. Appellant then appealed the order denying her motion for reconsideration. At issue on appeal was whether, when a district court enters a final judgment in a Rule 12 agency appeal, a party can file a Rule 60 motion to set aside the court's judgment. The Supreme Court dismissed Appellant's appeal, holding that a Rule 60 motion is not an avenue available to mount a challenge to a district court's final decision in an agency appeal. View "Nicholson v. Dep't of Employment" on Justia Law