Summary 2007 WY 163

Summary of Decision issued October 17, 2007

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Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Ragsdale v. Hartford Underwriters Ins. Co.

Citation: 2007 WY 163

Docket Number: 06-130

Appeal from the District Court of Laramie County, the Honorable Nicholas G. Kalokathis, Judge

Representing Appellant (Cross-Claim Plaintiff): Ronald E. Triggs of the Law Office of Ronald E. Triggs, PC, Cheyenne, Wyoming

Representing Appellee (Cross-Claim Defendant): Scott P. Klosterman of Williams, Porter, Day & Neville, PC, Casper, Wyoming.

Issue: Jurisdiction.

Facts/Discussion: Ragsdale was involved in an automobile accident with an uninsured motorist. Ragsdale received a settlement of $45,000 from her insurer Hartford. She also received another $30,000 from a third party. The Hartford asserted a subrogation claim for the entire $30,000. The district court granted summary judgment to The Hartford.
Ragsdale filed a Motion to Alter or Amend Pursuant to Rule 59(e), W.R.C.P. The Court found the motion did not comply with the rule because the arguments presented were the same arguments presented to the district court in her memorandum of law in opposition to Hartford’s motion for summary judgment and during oral argument at the hearing on the same. It therefore did not toll the time for filing notice of appeal.

Holding: Ragsdale’s Motion to Alter or Amend was considered to be a Motion to Reconsider by the Court which is a void motion in Wyoming. The void motion did not toll the time for appeal so her notice of appeal was not timely filed. She therefore failed to properly invoke the jurisdiction of the Court. The appeal was dismissed.

Dismissed.

J. Golden delivered the opinion.

Link: http://tinyurl.com/2btdl5 .