Summary 2010 WY 118

Summary of Decision issued August 18, 2010

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

Case Name: Lykins v. Habitat for Humanity, The Heart of Wyoming, Inc.

Citation: 2010 WY 118

Docket Number: S-10-0045

Appeal from the District Court of Natrona County, the Honorable W. Thomas Sullins, Judge.

Representing Lykins and Sellars: Jim Lykins and Jill Sellars, pro se.

Representing Habitat for Humanity: Jerry A. Yaap, Bishop, Bishop & Yaap, Casper, Wyoming.

Facts/Discussion: In litigation disputing the ownership of a residential property in Casper, a default judgment was entered against Lykins and Sellars. The district court denied Lykins’ and Sellars’ motion to set aside the default judgment.
The Court’s review was restricted by the lack of a record. The hearing on the motion to set aside the default judgment was not reported. Lykins and Sellars did not offer an alternative statement of the evidence that could have been settled by the district court. The sole ground asserted was failure of service of a summons along with the complaint and other documents served upon Lykins and Sellars. Habitat for Humanity provided evidence as well as testimony from the process server.

Conclusion: Because Lykins and Sellars failed to prove they were not properly served and did not demonstrate any other reason justifying relief, the district court properly denied the motion to set aside the default judgment.

Affirmed.

J. Burke delivered the decision.

J. Voigt, special concurrence: The Justice concurred in the result but would have summarily affirmed because no transcript or settled statement of the evidence was provided in the record, so there was nothing available for the Court to evaluate the determinations of the district court.

Link: http://tinyurl.com/2ewutm5 .

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