Thursday, January 16, 2014

Summary 2014 WY 5

Summary of Decision January 15, 2014

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

Case Name: MOTZKO COMPANY USA, LLC., a Minnesota Limited Liability Co. v. A & D OILFIELD DOZERS, INC., a Wyoming Corporation

Docket Number: S-13-0096


Appeal from the District Court of Carbon County the Honorable Wade E. Waldrip, Judge

Representing Appellant: Ronald G. Pretty, Cheyenne, Wyoming.

Representing Appellee: Kurt Kelly and Brandon W. Snyder of MacPherson, Kelly & Thompson, LLC, Rawlins, Wyoming.

Date of Decision: January 15, 2014

Facts: The district court granted A & D Oilfield Dozer, Inc.’s (A & D) motion for summary judgment dismissing Motzko Company USA, LLC’s (Motzko) counterclaim as untimely. After the district court held a bench trial on A & D’s claims and entered judgment, Motzko appealed the district court’s summary judgment order.

The issues on appeal are: 1. Whether the district court properly granted summary judgment in favor of A & D dismissing Motzko’s counterclaim. 2. Whether Motzko’s counterclaim is moot in light of the district court’s ruling after the bench trial on A & D’s claims. 3. Whether A & D is entitled to attorney fees and costs under W.R.A.P. 10.05.

Holdings/Conclusion: Affirmed.

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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