Summary 2012 WY 111

Summary of Decision August 15, 2012


Chief Justice Kite delivered the opinion for the Court. Affirmed.

Case Name: COURTNEY EVANS, as beneficiary of the Finlay Family Trust and contingent beneficiary of the Joan Henriette Finlay Trust v. PETER F. MOYER, individually and in his capacity as the Trustee of the Finlay Family Trust and the Joan Henriette Finlay Trust

Docket Number: S-11-0220

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Teton County, Honorable Dennis L. Sanderson, Judge

Representing Appellant (Plaintiff/Defendant): Lance J. Schuster and Carrie J. Gorgacz of Beard St. Clair Gaffney PA, Idaho Falls, Idaho. Argument by Mr. Schuster.

Representing Appellee (Plaintiff/Defendant): Elizabeth N. Moore and Joseph F. Moore, Jr. of Moore & Myers, LLC, Jackson, Wyoming. Argument by Ms. Moore.

Date of Decision: August 15, 2012

Facts: As a beneficiary of a trust created by her grandfather, Courtney Evans brought an action against the trustee, Peter F. Moyer, for an accounting and distribution of income. The district court generally ruled in Mr. Moyer’s favor, and Ms. Evans appealed arguing that the district court’s interpretation of the trust was erroneous and Mr. Moyer’s accounting was insufficient.

Issues: Ms. Evans presents a lengthy statement of the issues on appeal:

Whether the district court erred in holding that the Plaintiff is not entitled to regular, quarterly distributions of income from the Finlay Family Trust.

Whether the Plaintiff is entitled to distributions of income that have not been made from the Finlay Family Trust.

Whether the Plaintiff is a beneficiary of the Finlay Family Trust and entitled to regular accountings from the Trustee.

Whether the district court erred in determining that Mr. Moyer’s final accounting was sufficient.

Whether the Trustee may make distributions of principal for the benefit of Courtney Evans during the lifetime of her father Bruce Evans so as to assure the support, maintenance, health and education of Courtney Evans.

Whether the district court erred in prohibiting the Plaintiff from conducting discovery.

Whether the district court erred in finding that the Sixth Amendment had application and that Pamela Evans properly received distributions from the Finlay Family Trust.

Whether the district court erred in failing to require the Trustee to segregate for accounting purposes the shares of Courtney and Dillon in the Finlay Family Trust.

Whether the district court erred in failing to grant Plaintiff’s motion to remove Peter Moyer as Trustee of the Finlay Family Trust.

Whether the Court erred in failing to award the Plaintiff her attorney fees and costs.

Mr. Moyer’s statement of the issues is similar, although he presents an additional issue:

Does this court lack jurisdiction to consider the appeal because Ms. Evans failed to file a notice of appeal from the district court’s final order within the time allotted by Rule 2.02?

Did Ms. Evans’ improper post-judgment motion fail to toll the time for filing a notice of appeal?

Did Ms. Evans fail to appeal from the final order disposing of issues in this case?

Holdings: After careful review, the Court affirmed the decision of the district court.

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

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