Summary 2013 WY 31

Summary of Decision March 14, 2013


Justice Voigt delivered the opinion for the Court. Affirmed in part. Reversed and remanded in part.

Case Name: RIDGERUNNER, LLC, a Wyoming Limited Liability Company; and SARAH A CARRELLI and CYNTHIA D. PORTER, Individually v. RICHARD MEISINGER and MEISINGER INVESTMENTS, INC.

Docket Number: S-12-0118

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

Appeal from the District Court of Fremont County, Honorable Norman E. Young, Judge.

Representing Appellant: Sky D Phifer, Phifer Law Office, Lander, Wyoming.

Representing Appellee: Collin C. Hopkins and Cynthia Van Vleet of Hopkins & Van Vleet, LLC, Riverton, Wyoming. Argument by Mr. Hopkins.

Date of Decision: March 14, 2013

Facts: The appellants, Ridgerunner, LLC, Sarah A. Carrelli, and Cynthia D. Porter, appealed the district court’s decision to dismiss on summary judgment their claims for breach of contract and breach of the covenant of good faith against the appellees, Meisinger Investments, Inc. and Richard Meisinger. The appellants claim that the district court improperly converted the appellees’ motion to dismiss the complaint to a motion for summary judgment and, therefore, the case must be reversed.

Issues: Did the district court properly dismiss the appellant’s complaint for breach of contract and breach of the covenant of good faith brought against the appellees?

Holdings: The district court improperly converted the appellees’ motion to dismiss to a motion of summary judgment. Reviewing the motion as one to dismiss the complaint under W.R.C.P. 12(b)(6), the Court agreed with the district court that the appellants failed to present any facts or allegations that would put the appellees on notice that the appellants were seeking to pierce the corporate veil in an attempt to hold Richard Meisinger personally liable for the claims against Meisinger Investments, Inc. However, the Court found that the appellants did present a proper claim against Meisinger Investments, Inc., despite the fact the corporation has been dissolved. The Court affirmed in part, reversed in part, and remanded to the district court 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]