Thursday, November 01, 2012

Summary 2012 WY 139

Summary of Decision October 31, 2012

Justice Hill delivered the opinion for the Court. Dismissed.

Case Name: IN THE MATTER OF THE ESTATE OF JOHN H. HIBSMAN, JR., Deceased: JASON HIBSMAN v. ROBERT “BOB” MULLEN and TRUDY HIBSMAN, REBECCA HIBSMAN and EMILY HIBSMAN

Docket Number: S-12-0036

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

Appeal from the District Court of Natrona County, Honorable David B. Park, Judge.

Representing Appellant: M. Gregory Weisz and Jodi D. Shea of Pence and MacMillan, LLC, Laramie, WY. Argument by Mr. Weisz.

Representing Appellee: Robert Mullen, of Casper, WY. No appearances entered for Trudy, Rebecca, and Emily Hibsman.

Date of Decision: October 31, 2012

Facts: Jason Hibsman (Appellant) appealed an order issued by the district court finding prima facie evidence for the Personal Representative of John H. Hibsman, Jr.’s estate to proceed in recovering “not less than $137,566.46” from Appellant.

Issues: Appellant states one issue:

1. Whether there was sufficient evidence presented at the September 9, 2011, hearing to find that [Appellant] concealed, embezzled, conveyed away and/or disposed of monies and other property of the Estate and whether the evidence presented at the September 9, 2011 hearing supported the judgment entered against [Appellant] in an amount not less than $137,566.46.

Holdings: Although a special proceeding occurred, no substantial right of Appellant’s was affected by the district court’s decision, and thus the Court lacked jurisdiction to hear the instant case on appeal. Dismissed.

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

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