Summary 2008 WY 95

Summary of Decision issued August 15, 2008

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

Case Name: Capshaw v. Osbon

Citation: 2008 WY 95

Docket Number: S-07-0228

Appeal from the District Court of Washakie County, the Honorable Gary P. Hartman, Judge.

Representing Appellant: Billie L.M. Addleman and Gary R. Scott of Hirst & Applegate, PC, Cheyenne, Wyoming.

Representing Appellee Osbon: Mary Helen Reed of McCarty and Reed, LC, Cody, Wyoming.

Representing Appellee Corbett: John P. Worrall of Worrall & Greear, PC, Worland, Wyoming.

Facts/Discussion: Capshaw entered into a contract to purchase a large portion of real estate held by the Corbett Trust. Corbett, one of the beneficiaries of the Corbett Trust, joined with a number of other beneficiaries in objecting to the sale to Capshaw. Osbon, trustee for the Corbett trust, filed a motion to intervene which motion was granted.
The parties largely frame their appellate arguments around whether Capshaw should have been allowed to intervene and participate in the matter. Capshaw claimed that as an intervening party she should have been given an opportunity to be heard. Corbett argued that the court erred in allowing Capshaw to intervene.
Although there may be legitimate issues concerning whether the motion to intervene was properly granted, Corbett did not appeal on the Order Granting Motion to Intervene. Capshaw’s notice of appeal only challenged the order on the declaratory judgment action. Because Corbett failed to appeal from the order granting the motion to intervene, the Court did not have jurisdiction to determine whether the motion was properly granted. The Court proceeded on the basis that Capshaw was properly made a party to the action below.
The order allowing Capshaw was entered after the hearing on the matter had already occurred and on the same day the declaratory judgment order was entered. Capshaw was not given the opportunity to present argument or evidence regarding the question of whether the sale should have been approved. Capshaw had no opportunity to protect her interest, if any, in the property.

Holding: Corbett failed to appeal from the order allowing Capshaw to intervene in this matter and therefore cannot challenge that order in this appeal. Inasmuch as Capshaw was a party to the dispute below, she should have been given notice and an opportunity to be heard in those proceedings. Because that did not occur, the Court reversed and remanded for a new hearing.

Remanded.

J. Voigt delivered the decision.

Link: http://tinyurl.com/6brrye .

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