Summary 2006 WY 2

Summary of Decision issued January 5, 2006

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Case Name: White v. Table Mountain Ranches Owners Association, Inc.

Citation: 2006 WY 2

Docket Number: 04-254

Appeal from the District Court of Laramie County, Honorable Edward L. Grant, Judge

Representing Appellant (Defendant): Anne U. White, Pro Se, Cheyenne, Wyoming.

Representing Appellee (Plaintiff): No appearance.

Date of Decision: January 5, 2006

Issues: Whether Appellant should have been allowed to supplement the record. Whether the district court erroneously awarded attorney’s fees to Appellee. Whether enforcing the order holding Appellant in contempt would be inequitable. Whether service of the order setting a hearing was inadequate.

Holdings: In an appeal from a contempt citation, the Court will not overturn the trial court’s action except for an abuse of discretion since the inherent power to punish for contempt is securely vested within a trial judge’s discretion. Appellant did not prepare a statement of the evidence or proceedings in the district court as required by W.R.A.P. 3.03. The Court prohibited Appellants’ attempt to construct a record ex parte.
The Court could not discern evidence in the record in support of Appellant’s contention that the third motion for order to show cause was brought by Appellee’s secretary and not by Appellee. If the secretary had acted in her individual capacity, she would have to pay her own attorney’s fees. Because Appellant’s argument is not supported by the record, the Court affirmed the district court’s award of attorney fees.
Apppellant’s claim of “relative hardship” was based on assertions and averments unsupported by the record and the Court stated it would not consider such an argument for the first time on appeal.
Service of the district court’s order setting the “show cause” hearing was not considered because the issue was not raised before the district court and was not supported by the record.

The decree of the district court was affirmed.

J. Voigt delivered the opinion for the court.

Link to case: http://tinyurl.com/dtgf2 .