Summary 2005 WY 142

Summary of Decision issued November 16, 2005

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Case Name: Andersen, McCampbell v. Hernandez

Citation: 2005 WY 142

Docket Number: 05-25

Appeal from the District Court of Park County, Honorable Hunter Patrick, Judge

Representing Appellants (Plaintiffs): Stephen L. Simonton of Simonton & Simonton, Cody, Wyoming and L.B. Cozzens of Cozzens, Warren & Harris, Billings, Montana.

Representing Appellee (Defendant): Catherine Mead of Mead & Mead, Jackson, Wyoming.

Date of Decision: November 16, 2005

Issues: Whether this appeal must be dismissed pursuant to W.R.A.P. 2.01 because it was not timely filed. Whether the “deemed denied” rule applies to the taxation of costs awarded pursuant to W.R.C.P. 54 and U.R.D.C. 501.

Holdings: Questions of subject matter jurisdiction are reviewed de novo by the Court. The finality of a judgment is not affected by a request for taxation of costs. Because the bill of costs did not stay the finality of the judgment, the Court concluded it did not come within the purview of W.R.C.P. 6(c)(2). The judgment in Appellant’s case was final on the date it was entered, no post-trial motions were filed to delay its finality and, pursuant to the express language of W.R.C.P. 58(c), the district court retained jurisdiction to decide the bill of costs.
The district court's decision is affirmed.

J. Kite delivered the opinion for the court.