Orcutt v. Shober Investments, Inc.

Summary

The Wyoming Supreme Court affirmed summary judgment in favor of Shober Investments and the individual Shober defendants in a construction-contract and lien foreclosure dispute. The court held that the Orcutts' untimely responses to requests for admissions were deemed admitted under Wyoming Rule of Civil Procedure 36 and could be relied upon by other parties. The court also awarded appellate sanctions based on the inadequate appellate record and unsupported arguments.

Holdings

1. The court affirmed the summary judgment because the appellants failed to provide the scheduling order and other portions of the record necessary to determine whether the district court had modified the W.R.C.P. 36 deadline. In the absence of a complete record and supporting argument, the appellate court presumed that the district court's ruling was legally correct.
2. A party may rely on admissions made by another party in the pending action even if that party did not propound the requests for admissions.
3. Sanctions were warranted because the appellants failed to comply with the rules requiring designation of an adequate appellate record and failed to support their contentions with cogent argument and pertinent legal authority.

Questions Presented

1. Whether a district court scheduling order establishing a discovery-completion deadline supersedes the thirty-day deadline for responding to requests for admissions under W.R.C.P. 36.
2. Whether a plaintiff or another defendant may rely on admissions made by a party in response to requests for admissions propounded by third-party defendants.
3. Whether sanctions should be imposed for the appellants' failure to provide an adequate appellate record and cogent legal argument.

Disposition

affirmed