Justia Wyoming Supreme Court Opinion Summaries

Several years after a car accident in January 2015, Samantha Ritter brought a lawsuit against William Lopez for damages. Ritter attempted to serve Lopez at the address listed in the accident report, but the Campbell County Sheriff’s Office determined that the property was vacant and could not locate him. Ritter then pursued substituted service under Wyoming’s nonresident motorist statute, which involved serving the Secretary of State and mailing the summons and complaint to Lopez’s last known address. Despite multiple efforts—including contacting his insurer, making phone calls, and hiring a search service—Ritter was unable to find a current address for Lopez.After Lopez failed to respond, Ritter sought and was granted default judgment in the District Court of Campbell County. The case was later dismissed without prejudice for failure to prosecute, but the district court reinstated the matter upon Ritter’s motion under Wyoming Rule of Civil Procedure 60. After a hearing, the district court entered default judgment in Ritter’s favor and awarded her damages. Lopez’s subsequent Rule 60 motion to set aside the default judgment was denied, and he appealed.The Supreme Court of the State of Wyoming held that Lopez waived his challenge to the sufficiency of service and due process on appeal because he had not raised those issues below, except for the jurisdictional question of due diligence required for substituted service. The court found that Ritter had exercised sufficient due diligence to serve Lopez under the statute and that personal jurisdiction was properly established. The court also determined it lacked jurisdiction to review the reinstatement of the case because Lopez’s notice of appeal did not specify that order. Finally, the court concluded that the district court did not abuse its discretion in denying Lopez’s Rule 60 motion. The decision was affirmed. View "Lopez v. Ritter" on Justia Law

A married couple with ten minor children separated, and the mother filed for divorce. During the marriage, the father engaged in a pattern of severe and chronic domestic violence, which was witnessed and at times experienced by the children. The father pled guilty to several criminal charges, including felony child abuse and domestic violence-related offenses, resulting in incarceration at the time of the divorce proceedings. The mother sought and was awarded sole legal and physical custody of the children. The divorce decree denied the father immediate visitation but established conditions for potential future contact. In dividing the marital property, the mother was awarded the marital home, while the father received the family business and was assigned nearly all marital debt, except for the home’s mortgage and related utilities.The District Court of Crook County held a bench trial and issued a divorce decree reflecting these terms. The father appealed, challenging, among other things, the division of property and debts, the restricted visitation, and aspects of the trial process. In his briefs, the father raised numerous issues but failed to provide developed legal arguments or cite authorities connecting the issues to the facts of his case. The mother responded that the appeal lacked cogent legal argument and requested attorney fees and costs.The Supreme Court of Wyoming reviewed the case. Applying longstanding Wyoming law, the court found the father’s briefs did not comply with the requirement to present cogent arguments and pertinent authority. The court summarily affirmed the district court’s decree of divorce, declining to award attorney fees but granting costs to the mother. The main holding is that an appeal may be summarily affirmed when the appellant fails to present cogent argument or relevant authority, as required by the Wyoming Rules of Appellate Procedure. View "Idler v. Idler" on Justia Law

A minor child, S.M., through a conservator, alleged abuse at a residential facility operated by Meadowlark Academy, asserting several tort claims against Meadowlark and two individuals. Meadowlark responded by filing counterclaims, including breach of contract, based on an alleged pre-litigation settlement agreement. S.M. (at that time, not yet represented by a conservator) failed to timely answer the counterclaims. There was a substantial delay before a conservator, Mr. Moran, was formally appointed and filed an amended complaint. Meadowlark then sought and obtained entry of default against Moran for failing to answer the counterclaims. Moran eventually answered, but only after default had been entered and a motion for default judgment was pending.The District Court of Laramie County denied Meadowlark’s initial motion to dismiss, finding that S.M. had standing despite procedural irregularities regarding the appointment of a conservator, and that there was no enforceable settlement agreement. After Meadowlark asserted counterclaims, the court entered default when those claims were not answered. Moran filed a late answer and opposed default judgment but did not specifically move to set aside the default under the relevant procedural rules or provide supporting legal authority. The district court granted default judgment to Meadowlark and, by implication, denied Moran’s oral motion to set aside the default.On appeal, the Supreme Court of the State of Wyoming affirmed the district court’s order. The Supreme Court held that Moran failed to establish good cause to set aside the entry of default under Wyoming Rules of Civil Procedure 55(c) and 60(b), as he did not articulate a valid legal justification or provide supporting argument and authority. The court also held that Moran’s due process rights were not violated, as he had notice and an opportunity to be heard through his counsel. The judgment was affirmed. View "Moran v. Meadowlark Academy Inc." on Justia Law

Timothy Hale and Sonja Ringen constructed a storage building on their commercially zoned property in Laramie without first obtaining a building permit. When the City of Laramie discovered the construction, it issued a stop work order and a cease-and-desist letter. Despite these notices, Hale and Ringen continued building and subsequently applied for a permit, which the City denied due to deficiencies in the application. After further unsuccessful permit attempts and ongoing disputes over the City’s requirements—including requests for disassembly of the structure—the City sought and obtained a permanent injunction from the District Court of Albany County, restricting use of the building until permitting was complete and compliance was achieved.The District Court of Albany County conducted a bench trial in May 2022 and granted the City’s request for a permanent injunction. The court outlined a process for inspections, identification of code violations, and corrective actions, but continued conflict between the parties hindered progress. Multiple rounds of correspondence, inspections, and motions ensued, with the City insisting on structural disassembly and Hale/Ringen providing documentation to support their position. Hale and Ringen eventually moved to vacate the injunction, arguing it was no longer equitable given their efforts and the City’s refusal to issue a permit. The district court denied their motion, citing only the parties’ lack of agreement, and provided no substantive analysis of the evidence.On appeal, the Supreme Court of Wyoming determined that the district court abused its discretion by failing to consider the evidence and arguments presented before denying the motion to vacate or modify the injunction. The Supreme Court held that a court must exercise discretion and decide motions on their merits, rather than requiring agreement between adversarial parties. Consequently, the Supreme Court reversed the district court’s order and remanded the case for full consideration of Hale/Ringen’s motion in light of all relevant facts and equities. View "Hale v. City of Laramie" on Justia Law

Russ and Debi Ropken hired a construction company to build a custom home based on an oral agreement. The contractor began work and sent invoices for services and materials, which the Ropkens paid until May 2022, after which they stopped making payments. In July 2022, the Ropkens removed the contractor from the site. The contractor then sent a demand letter for three unpaid invoices totaling $276,169, but the Ropkens refused to pay. The contractor sued to recover the unpaid amount.In the District Court of Park County, the Ropkens admitted owing at least $176,870.21. At the conclusion of a jury trial, the jury found there was a valid contract, the Ropkens had breached it, and awarded the contractor $258,587.70 in damages. The district court entered judgment for that amount and permitted the contractor to request prejudgment interest. The contractor timely filed for prejudgment interest, and the Ropkens objected. The district court found for the contractor, awarding $33,473.25 in prejudgment interest at a statutory rate, and calculated interest from the date of the demand letter. The Ropkens paid the judgment but appealed the prejudgment interest award.The Supreme Court of Wyoming reviewed whether the district court erred in awarding prejudgment interest and whether due process was violated by granting interest without an evidentiary hearing. The court held that a district court may award prejudgment interest even when it is not the trier of fact, as prejudgment interest is a matter of law and not fact. The court found the claim was liquidated and the Ropkens had notice. The court also held that the Ropkens received adequate notice and opportunity to be heard, satisfying due process. The Supreme Court of Wyoming affirmed the award of prejudgment interest. View "Ropken v. Yj Construction, Inc." on Justia Law

A minor child was injured in 2018 while playing on a piece of playground equipment called “Rocks and Ropes” at Meadowlark Elementary School in Cheyenne, Wyoming. The child’s parents, Scott and Heather Hunter, alleged that the equipment was defective and that the school failed in its supervision and medical care following the incident, as their daughter was diagnosed weeks later with a crushed vertebra. The Hunters sued Universal Precast Concrete, Miracle Recreation Equipment, Churchich Recreation Equipment, and Laramie County School District #1, alleging strict product liability, negligence, breach of warranty, and failure to warn.The case proceeded before the District Court of Laramie County. Due to extensive delays—including those caused by the COVID-19 pandemic—there were multiple changes to scheduling orders. The district court granted summary judgment in favor of the business defendants after excluding several of the Hunters’ expert witnesses under the Daubert standard, finding their testimony unreliable or irrelevant. The court denied summary judgment to the School District. After a mistrial was declared due to repeated improper conduct by the Hunters’ counsel during voir dire and opening statements, the district court dismissed the remaining claims against the School District with prejudice as a sanction for counsel’s actions and various procedural violations.The Supreme Court of the State of Wyoming affirmed the district court’s exclusion of the Hunters’ experts and the grant of summary judgment in favor of the business defendants, holding that the lower court properly performed its gatekeeping function and the Hunters failed to offer admissible evidence of a defect. However, the Supreme Court reversed the district court’s dismissal with prejudice, concluding that, while counsel’s conduct warranted sanctions, the extreme sanction of dismissal was not justified without prior warning or full consideration of lesser sanctions. The case was remanded for imposition of a lesser sanction. View "Hunter v. Universal Precast Concrete, Inc." on Justia Law

A property owner purchased a lot in a Wyoming subdivision governed by two homeowners’ associations, each enforcing its own set of covenants. The owner sought to demolish an existing structure and build a new residence with an attached hangar, submitting construction plans for approval as required. Disputes arose over whether his application was complete and whether the associations unreasonably delayed or withheld approval, resulting in increased construction costs due to inflation. Complicating matters, one association (AVR I) had been dissolved years earlier, but its board continued to act as if it existed, later forming a new entity (AVR II) that purported to enforce covenants recorded after AVR I’s dissolution but before AVR II’s formal creation.The property owner initially sued AVR I, believing it to be the proper party, and later sued the other association, AAA. During discovery, he learned that AVR I had been defunct and that AVR II was the actual entity acting as the homeowners’ association. He moved to amend his complaint to add AVR II and assert new claims, including that the covenants were invalid. The District Court of Lincoln County denied the motion to amend, finding the amendments would be futile, and granted summary judgment to AVR I, reasoning that the covenants automatically approved the owner’s plans by default and any delay was self-imposed.The Supreme Court of Wyoming reviewed the case and held that the district court abused its discretion in denying leave to amend the complaint. The Supreme Court found that the proposed claims against AVR II were not futile, as there were unresolved factual and legal questions regarding the validity and enforceability of the covenants and AVR II’s authority. The court also held that summary judgment for AVR I was premature. The orders denying amendment and granting summary judgment were reversed, and the case was remanded for further proceedings. View "Conger v. AVR Homeowner's Association, Inc." on Justia Law

Burke McCarthy died in October 2018 after receiving medical treatment from Dr. Wesley Hiser at Wyoming Medical Center. Dianna Ellis, McCarthy’s daughter and wrongful death representative, filed a wrongful death lawsuit against Dr. Hiser and the hospital in February 2021, within the two-year statute of limitations. However, Dr. Hiser was never served with the original complaint. Nearly two years later, Ellis voluntarily dismissed her suit against Dr. Hiser. In December 2023, she refiled her complaint, relying on Wyoming’s savings statute to argue she had an additional year to commence a new action. Dr. Hiser was served for the first time in February 2024, more than five years after McCarthy’s death.The District Court of Natrona County granted Dr. Hiser’s motion to dismiss the refiled complaint. The court found that it had never obtained jurisdiction over Dr. Hiser in the original action because he was not served, and therefore the savings statute could not apply to extend the time for refiling. Ellis appealed this decision.The Supreme Court of Wyoming reviewed the case de novo. The court held that Wyoming’s savings statute, Wyo. Stat. Ann. § 1-3-118, does not apply to actions that are voluntarily dismissed by the plaintiff. The court overruled its prior decision in Hugus v. Reeder, 2022 WY 13, which had held that a voluntary dismissal qualified as a “failure otherwise than upon the merits” under the savings statute. The court reasoned that a voluntary dismissal is not a “failure” within the meaning of the statute, as it is a matter of choice rather than an unsuccessful attempt to proceed. Accordingly, the Supreme Court of Wyoming affirmed the district court’s dismissal of Ellis’s refiled complaint. View "Ellis v. Hiser" on Justia Law

Robert Redland's parents accumulated ranching property in the Big Horn Basin, which Robert and his wife, Irene, later purchased. They raised their five children on these properties and created the Robert and Irene Redland Family Trust in 1989 to manage the ranch properties. Robert promised his children that all ranch properties would be placed in the trust, except for the Manderson Place, which would be placed in the trust after his and Irene's deaths. In 2007, Robert and Irene sold an 11-acre parcel of the Manderson Place to their daughter Lisa and her husband, Mike Kimsey. The Redland Children discovered that the Manderson Place and other properties were not in the trust and sued Robert and the Kimseys.The District Court of Big Horn County initially ruled that Robert must transfer the disputed properties to the trust, including the 11 acres sold to the Kimseys. However, the court later amended its judgment, removing the requirement for the 11 acres to be transferred to the trust, as the Redland Children had not stated a claim against the Kimseys for the return of the 11 acres. The Redland Children did not appeal this amendment.The Wyoming Supreme Court reviewed the case and affirmed the district court's decision, except for the provision regarding the Manderson Place, which it ordered to be transferred to the trust immediately, subject to a life estate in Robert. The district court then issued a judgment excluding the 11 acres from the trust, which the Redland Children appealed.The Wyoming Supreme Court held that its previous decision did not require the 11 acres to be transferred to the trust and that the district court did not abuse its discretion in denying the Redland Children's motions to amend their complaint and for attorney fees. The court affirmed the district court's judgment exempting the 11 acres from being transferred to the trust. View "Redland v. Kimsey" on Justia Law

Thomas Hamann brought a lawsuit against Heart Mountain Irrigation District (HMID) and its manager, Randy Watts, alleging that HMID, through Watts' actions, damaged his property and caused him bodily injury. Hamann sought damages based on claims of inverse condemnation and violation of his constitutional rights under 42 U.S.C. § 1983. The district court granted summary judgment in favor of HMID and Watts, dismissing Hamann’s lawsuit entirely. Hamann appealed only the dismissal of his inverse condemnation claim against HMID.The district court found that HMID had not taken any official action to authorize Watts to enter Hamann’s property beyond the limited scope of work on the Riolo bowl, which Hamann had consented to. The court held that without such authorization, Hamann’s inverse condemnation claim could not survive summary judgment. Hamann argued that there was a material issue of fact regarding whether Watts was acting under the scope, authority, and direction of HMID’s board.The Wyoming Supreme Court reviewed the case and found that there were genuine issues of material fact regarding the extent of Watts’ authority and whether his actions were authorized by HMID. The court noted that HMID’s bylaws allowed for delegation of responsibilities to its manager and other agents, and there was evidence suggesting that Watts had general discretion as HMID’s manager. Additionally, there was conflicting testimony about whether Watts had specific authorization to access Hamann’s property beyond the Riolo bowl.The court concluded that the district court erred in granting summary judgment to HMID, as there were unresolved factual issues regarding the authorization of Watts’ actions and the extent of damage to Hamann’s property due to activities on adjoining land. The Wyoming Supreme Court reversed the district court’s order and remanded the case for further proceedings. View "Hamann v. Heart Mountain Irrigation District" on Justia Law