Wednesday, April 23, 2014

Summary 2014 WY 52

Justice Davis delivered the opinion of the Court. Affirmed in part and Reversed in part.

Case Name: WILLIAM E. MECKEM, individually; LORRAINE W. MECKEM, individually; and DUBOIS HEIGHTS SUBDIVISION, INC., a Wyoming corporation v. WILLIAM CARTER and DANNA CARTER, Husband and Wife

Docket Number: S-13-0172


Appeal from the District Court of Fremont County, the Honorable Norman E. Young, Judge

Representing Appellants: William L. Miller of Miller & Fasse, P.C., Riverton, Wyoming

Representing Appellees: Aaron J. Vincent of Vincent Law Office, Riverton, Wyoming

Date of Decision: April 22, 2014

Facts: Appellants William and Lorraine Meckem challenge an order holding them in civil contempt for violating a judgment directing them to remove obstructions from a road easement that traverses their property.

Issues: 1) Whether the district court exceeded its authority to amend its original judgment with its order of contempt? 2) Whether the district court erred in finding that the Appellants were in contempt of court?

Holdings/Conclusion: We affirm the district court’s determination that Appellants’ conduct was contumacious. However, the district court erred when it ordered Appellants to pay a penalty of $100 per day to the court until the obstructions are removed, and we therefore reverse that part of the order.

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 quotation, 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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