Friday, June 29, 2012

Summary 2012 WY 81

Summary of Decision June 13, 2012

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

Case Name: Nicholson v. Dep’t of Emp’t, Unemployment Ins. Comm’n.

Citation: 2012 WY 81

Docket Number: S-12-0117


Order Dismissing Appeal

Date of Order: June 13, 2012

Facts: Appellant filed a timely petition for review of agency action, pursuant to W.R.A.P. 12. The district court dismissed the petition, due to procedural deficiencies. Nine days later, Appellant filed a “Motion for Reconsideration Based on Wyoming Rules of Civil Procedure, Rule 60 & 61 and Wyoming Rules of Appellant [sic] Procedure, Rule 9.04.” Subsequently, the district court entered its “Order Denying Motion for Reconsideration.” Appellant filed a notice of appeal to challenge the Order Denying Motion for Reconsideration. Appellant has not filed a notice of appeal to challenge the “Order Granting Motion to Dismiss.” After this appeal was docketed, Appellee (Commission) promptly filed a motion to dismiss.

Issue: When a district court enters a final judgment in a W.R.A.P. 12 agency appeal, can a party file a W.R.C.P. 60 motion to set aside the district court’s judgment?

Holdings: The Court concluded that, even if Appellant’s motion is not a nullity based on how it was styled, a district court’s judgment in a W.R.A.P. 12 case is not subject to challenge through a W.R.C.P. 60 motion, a W.R.A.P. 9.07 application for rehearing, or a W.R.A.P. 15 petition for reinstatement. The Court found that the captioned appeal should be dismissed.

C.J. Kite delivered the order for the court.

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