Summary 2009 WY 4

Summary of Decision issued January 22, 2009

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

Case Name: Shores v. Bucklin

Citation: 2009 WY 4

Docket Number: S-08-0033

Appeal from the District Court of Big Horn County, the Honorable Steven R. Cranfill, Judge.

Representing Appellant Shores: J. Craig Abraham, Plains Law Offices, LLP, Gillette, Wyoming.

Representing Appellee Bucklin: Stephen L. Simonton, Stephen L. Simonton, PC, Cody, Wyoming.

Facts/Discussion: The Shores appealed from the district court’s order entering judgment in favor of the Bucklins quieting title to a parcel of land in Big Horn County. The court ruled that summary judgment was proper, in that the Shores did not have evidence to support a “color of title” theory. Also, there was not satisfaction of the 10-year period for adverse possession. Pursuant to the Wyoming Rules of Civil Procedure (W.R.A.P.), dismissal was proper as a sanction for failure to comply with the scheduling order.

The Shores argued on appeal that there were genuine issues of material fact which a jury should be allowed to determine. The Court has previously held that the party seeking judicial review of an administrative action must comply with the W.R.A.P. and when they fail to do so, the Court may refuse to consider the contentions; assess costs; dismiss the appeal; or affirm the lower court’s decision. The Shores failed to comply with applicable rules, including failure to provide any citation to the record; they also failed to provide relevant argument or legal authority to support their contentions. The Court summarily affirmed the decision of the district court.

Conclusion: Summary judgment in favor of the Bucklins was affirmed. The Shores were ordered to reimburse costs and attorney’s fees generated in the defense of the instant appeal.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/d6zruq .

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