Friday, January 30, 2009

Summary 2009 WY 9

Summary of Decision issued January 29, 2009

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

Case Name: Steranko v. Dunks

Citation: 2009 WY 9

Docket Number: S-09-0008

Order Granting Petition for Writ of Review

The case arose from civil litigation in the Fifth Judicial District, Park County. Petitioner sought review of the district court’s “Motion to Reconsider Decision Letter.” The district court relying on Plymale v. Donnelly stated that such a motion was a nullity in Wyoming. The Court noted that W.R.A.P. 13 was designed for interlocutory review of orders not revisable decision letters. The Court stated that the rule from Plymale should not be extended to pre-judgment motions to reconsider because the concerns with respect to appeals are not present with pre-judgment motions to reconsider. The Court found that recognizing such a motion is consistent with a district court’s traditional authority to revise its rulings prior to final judgment.

The Petition for Writ of Review was granted.

J. Hill delivered the order.

Link: .

[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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