Summary 2013 WY 129

Summary of Decision October 16, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.

Case Name: GARY L. HOPKINS and MARY HOPKINS v. BANK OF THE WEST, RANDAL L. BURNETT and G & R ENTERPRISES, LLC

Docket Number: S-13-0005

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

Appeal from the District Court of Albany County, the Honorable Jeffrey A. Donnell, Judge

Representing Appellants: A. Joe Hageman, Laramie Wyoming.

Representing Appellee Bank of the West: Terry W. Connolly, Patton & Davison, Cheyenne, Wyoming.

Representing Appellees Randal L. Burnett and G & R Enterprises, LLC: No appearance.

Date of Decision: October 16, 2013

Facts: Gary L. Hopkins and Mary Hopkins appeal the district court’s order granting summary judgment in favor of Bank of the West.[1] The Hopkins claim that material facts concerning a contract are in dispute, making summary judgment inappropriate. Specifically, they argue the contract’s language is ambiguous and the district court should have considered extrinsic evidence of the parties’ intent when interpreting the contract.

Issues: Did the district court err when it granted summary judgment in favor of Bank of the West after finding that the contract between the parties was unambiguous after limiting its analysis to the four corners of the contract?

Holdings/Decison: We find that the terms of the contract regarding the release of Hopkins as a guarantor on the Bank of the West loan and a release of the second mortgages on his properties were unambiguous. Further, the terms of the contract are not subject to special or technical usage that would require extrinsic evidence to determine the parties’ intent. The district court’s order granting summary judgment in favor of Bank of the West is affirmed.


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

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