Vernier v. Vernier

92 P.3d 825 (Wyo. 2004) · Supreme Court of Wyoming · June 29, 2004

Summary

The Wyoming Supreme Court affirmed a divorce decree dividing the parties’ marital property and debts. It held that the appellant failed to provide an adequate appellate record to challenge the property division and that the default was entered after the applicable response period, with no procedural violation shown.

Holdings

  1. The property distribution is affirmed because the appellant failed to provide a transcript or an approved statement of the evidence sufficient to demonstrate that the district court abused its discretion.
  2. The district court did not violate the Wyoming Rules of Civil Procedure because the appellant was allowed more than thirty days after service to respond before default was entered.
  3. The request for appellate attorney's fees is denied because the appellant generally presented cogent argument and pertinent legal authority, notwithstanding his failure to provide a sufficient record.

Questions Presented

  1. Whether the district court's division of the marital property was equitable.
  2. Whether the Wyoming Rules of Civil Procedure were violated by entering default before the appellant had the required time to respond.
  3. Whether the appellee was entitled to attorney's fees for defending the appeal.

Disposition

affirmed

Cases Cited (16)

  • Erhart v. Evans, 2001 WY 79, ¶ 18, 30 P.3d 542, 547 (Wyo. 2001)(followed)
  • Wood v. Wood, 865 P.2d 616, 617 (Wyo. 1993)(followed)
  • Smith v. Smith, 2003 WY 87, ¶ 11, 72 P.3d 1158, 1161 (Wyo. 2003)(followed)
  • Williams v. Dietz, 999 P.2d 642, 645 (Wyo. 2000)(followed)
  • Weiss v. Pedersen, 933 P.2d 495, 498 (Wyo. 1997)(limited)
  • White v. Allen, 2003 WY 39, 65 P.3d 395 (Wyo. 2003)(abrogated_prior_case)
  • Willowbrook Ranch, Inc. v. Nugget Exploration, Inc., 896 P.2d 769, ¶¶ 71-72 (Wyo. 1995)(followed)
  • Stadtfeld v. Stadtfeld, 920 P.2d 662, 664 (Wyo. 1996)(followed)
  • Sweat v. Sweat, 2003 WY 82, ¶ 6, 72 P.3d 276, 278 (Wyo. 2003)(followed)
  • Feaster v. Feaster, 721 P.2d 1095, 1097 (Wyo. 1986)(followed)

Showing top 10 of 16.

Cited In (0)

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