Wednesday, December 18, 2013

Summary 2013 WY 154

Summary of Decision December 18, 2013

Justice Burke delivered the opinion of the Court. Affirmed.

Case Name: STERRETT PROPERTIES, LLC, 3 CREEK RANCHES, LLC, Utah Limited Liability Companies, and MORRIS R. STERRETT, an individual, v. BIG-D SIGNATURE CORPORATION, a Wyoming Corporation

Docket Number: S-13-0126


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

Representing Appellants: Patrick J. Crank, Crank Legal Group, P.C., Cheyenne, Wyoming.
Representing Appellee: David F. DeFazio and Sarah E. Tollison, DeFazio Law Office, LLC, Jackson, Wyoming.
Date of Decision: December 18, 2013

Facts: This matter is before this Court for a second time. In Big-D Signature Corp. v. Sterrett Props., LLC, 2012 WY 138, 288 P.3d 72 (Wyo. 2012), we affirmed the district court’s judgment against Appellants, Morris Sterrett, Sterrett Properties, LLC, and 3 Creek Ranches, LLC, and in favor of Appellee, Big-D Signature Corporation (Big-D), with respect to Big-D’s claims under Prime Contract Change Order (PCCO) Nos. 1 and 2. However, we reversed the district court’s order dismissing Big-D’s claims relating to PCCO Nos. 3 and 4. Our decision also affirmed the district court’s dismissal of the counterclaims asserted by Appellants. On remand, the district court granted Big-D’s voluntary motion to dismiss its remaining claims. In dismissing those claims the district court also dismissed all counterclaims of Appellants because they were “moot.” Appellants challenge the district court’s order dismissing their counterclaims. Appellants also challenge the district court’s denial of their request for costs and attorney’s fees.

Issues: 1) Did the district court abuse its discretion by dismissing Appellants’ counterclaims? 2) Did the district court abuse its discretion by not awarding costs and attorney fees to Appellants?

Holdings/Conclusion: The district court did not abuse its discretion in granting Big-D’s motion to dismiss. We find no abuse of discretion in the district court’s denial of Appellants’ request for costs and attorney’s fees. Affirmed.
Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

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