Tuesday, November 18, 2008

Summary 2008 WY 136

Summary of Decision issued November 18, 2008

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

Case Name: Wolf v. Allen

Citation: 2008 WY 136

Docket Number: S-08-0080

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

Representing Appellant Wolf: Phillip Wolf, pro se.

Representing Appellee Allen: Richard Mathey of Green River, Wyoming.

Facts/Discussion: Wolf requested relief from the district court’s grant of summary judgment to Allen. No appeal was taken from the denial of Wolf’s Rule 60(b) motion so the Court only had jurisdiction over the appeal as it related to the Order for Summary Judgment. Wolf’s argument is essentially an argument that he should have been allowed to withdraw his admissions under 36(b).

Wolf did not timely respond to Allen’s Second Request for Admissions. Therefore, the district court was correct in deeming those points admitted to which Wolf failed to respond in a timely manner. A court may permit withdrawal of an admission on motion. However, Wolf never filed a motion requesting withdrawal of his admissions under Rule 36(b).

Holding: Wolf did not request withdrawal of his admissions under Rule 36(b). The district court did not abuse its discretion when it granted summary judgment based on those admissions and the Court affirmed.


C.J. Voigt delivered the decision.

Link: http://tinyurl.com/64abtf .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

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