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

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

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

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