Friday, December 27, 2013

Summary 2013 WY 161

Summary of Decision December 27, 2013

Chief Justice Kite delivered the opinion for the Court. Affirmed.


Docket Number: S-13-0081


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

Representing Appellant: John D. Chambers, Casper, Wyoming.

Representing Appellee: Roger Ryan Davis, pro se.

Date of Decision: December 27, 2013

Facts: The district court modified custody and support for the parties’ minor child. Appellant Kelly Suzanne Brush f/k/a Kelly Suzanne Davis (Mother) appeals, claiming the district court did not have jurisdiction to grant a change of custody or support, she was denied due process of law when a default judgment was entered against her, and the district court abused its discretion when awarding child support.

Issues: I. Whether the district court lacked subject matter jurisdiction to grant a default judgment due to Appellee’s failure to comply with the statutory pleading requirements? II. Whether the Appellant was denied due process when default was improperly entered against her and subsequently, improperly upheld against Appellant? III. Whether the District Court abused its discretion in entering a child support [order] due to its failure to comply with statutory child support requirements?

Holdings/Conclusion: The district court had subject matter jurisdiction over Father’s petition. In the absence of a basis to set aside the default judgment, Mother was given the process she was due. The district court’s decision was reasonable under the circumstances; therefore, it did not abuse its discretion. Affirmed.

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

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