Summary 2007 WY 70

Summary of Decision issued April 27, 2007

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Case Name: Witowski v. (Witowski) Roosevelt

Citation: 2007 WY 70

Docket Number: 06-141

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

Representing Appellant (Defendant): Robert E. Schroth & Schroth, LLC, Jackson, Wyoming.

Representing Appellee (Plaintiff): David G. Lewis, Jackson, Wyoming.

Issue: The Court concluded the appeal must be dismissed therefore the matters they addressed were those relating to whether or not the Court would take cognizance of the appeal. They raised the matters on their own motion.

Facts/Discussion: Father sought review of district court orders that granted two partial summary judgments in favor of his former wife, Mother.
An order granting a partial summary judgment that leaves open other undecided issues is not a final order. In addition, the district court did not make, either by its own motion or by request of the parties, the certification required by Rule 54(b). The order from which the appeal was taken was not the sort of notice of appeal that might have invoked the Court’s discretion to convert it to a petition for writ of review under W.R.A.P. 13.

Holding: The orders from which the appeal was taken were not final orders. The Court applied the plain terms of W.R.C.P. 54(b) and W.R.A.P. 1.05 as justification for the dismissal of the appeal.

Dismissed.

J. Hill delivered the decision.

Link: http://tinyurl.com/2uxnba .