Tuesday, February 26, 2013

Summary 2013 WY 24

Summary of Decision February 26, 2013
Justice Davis delivered the opinion for the Court. Reversed and Remanded.

Case Name: NATHAN R. BAKER and BRYNER FARMS, LLC, a Nevada Limited Liability Company v. DAVID SPEAKS and ELIZABETH SPEAKS

Docket Number: S-12-0105

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

Appeal from the District Court of Lincoln County, Honorable Jere A. Ryckman, Judge.

Representing Appellant: David P. McCarthy of David P. McCarthy, P.C., Laramie, Wyoming

Representing Appellee: Paula A. Fleck and Susan L. Combs of Holland & Hart, LLP, Jackson, Wyoming. Argument by Ms. Fleck.

Date of Decision: February 26, 2013

Facts: While a lawsuit by Appellees David and Elizabeth Speaks was pending against Rosemary and Byron Baker, the Bakers transferred two parcels of real property to their son Nathan. The original case resulted in a judgment against Byron, but a dismissal of the claims against Rosemary. Appellees’ judgment against Byron was upheld on appeal. After learning of the decision in that case, Nathan Baker transferred the properties to a limited liability company he and his family controlled. Appellees filed this case under the Uniform Fraudulent Conveyance Act and its successor, the Uniform Fraudulent Transfer Act. While the case was pending, the limited liability company transferred the two pieces of property to trusts controlled by Rosemary Baker. Appellees moved for summary judgment. The District Court found that all of the conveyances were fraudulent and granted summary judgment permitting execution on the properties.

Issues: 1. Did Appellees make the required prima facie showing that they were entitled to execute on the property in question under the Uniform Fraudulent Conveyance Act?

2. Are the Appellants judicially stopped from arguing that Rosemary Baker owned interest in the real property involved in this case?

Holdings: Although the district court correctly found the conveyances to be fraudulent, Appellees failed to make the required prima facie showing that the properties were subject to execution on a judgment against Byron Baker alone, and accordingly, the Court reversed and remanded for further proceedings consistent with this opinion.

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

[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. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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