Summary 2006 WY 48

Summary of Decision issued April 19, 2006

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Case Name: Breitenstine v. Breitenstine

Citation: 2006 WY 48

Docket Number: 05-186

Appeal from the District Court of Teton County, the Honorable Nancy J. Guthrie, Judge

Representing Appellant (Defendant): David G. Lewis of Jackson, Wyoming.

Representing Appellee (Plaintiff): W. Keith Goody of Alpine, Wyoming.

Date of Decision: April 19, 2006

Issue: Whether the district court had the authority, pursuant to Wyo. Stat. Ann. § 20-2-111, to award Appellee attorney’s fees and costs in the instant case. Whether Appellant has established that the district court has abused its discretion in finding such fees and costs were reasonable.

Holding: The parties were divorced in February 1999. The district court entered findings of fact, conclusions of law and a judgment. Appellant has not complied with the judgment and the Court was aware of other fraudulent behavior as well. Appellant’s behavior led to Appellee’s efforts to enforce the district court’s judgment which incurred the fees and costs in question.
The Court reviews a question of law de novo. The Court has interpreted the language of Wyo. Stat. Ann. § 20-2-111 “as authorizing reimbursement of a party’s attorney’s fees in proceedings to modify or enforce divorce decrees, as well as in original actions for divorce.” The Court stated that the record included accounting and itemized legal bills that were submitted to the district court that Appellee incurred while attempting to enforce the judgment against Appellant. The Court concluded that the above statute as previously interpreted or applied, authorized the district court to award Appellee fees and costs for this purpose. The Court reiterated that the determination of reasonableness is within the exercised discretion of the trial court. The burden was on Appellant to establish an abuse of discretion, and whether the court could reasonably conclude as it did. Appellant did not substantively analyze the factors listed in Wyo. Stat. Ann § 1-14-126 nor did he present a sufficiently cogent appellate argument to establish abuse of discretion.

The decree of the district court was affirmed.

J. Voigt delivered the opinion for the court.

Link to the case: http://tinyurl.com/jl45h .