James P. Wunsch v. Kelly M. Pickering, f/k/a Kelly M. Wunsch

Summary

The Supreme Court of Wyoming reviewed a post-divorce dispute concerning fee-sharing obligations under the parties’ property settlement agreement. The court upheld an order compelling discovery and the use of default as a sanction for noncompliance, concluding that the requested financial records were relevant and within the appellant’s control. It also affirmed the damages award, holding that the appellant was permitted to participate in the damages hearing but could not contest liability issues established by the default.

Holdings

1. The district court did not abuse its discretion by compelling Wunsch to produce information concerning rep-identification numbers, commission statements, and tax records because the information was relevant to whether the inactive accounts had been replaced and was within his possession, custody, or control.
2. Entry of default established liability, including that the disputed accounts had been replaced, but did not eliminate Wunsch's right to participate and present evidence concerning unliquidated damages. The district court nevertheless properly excluded evidence offered to relitigate whether the accounts had been replaced.
3. The evidence was sufficient to support the damages award because default established that all of the inactive accounts had been replaced, and the Administrator's projected-amount calculation established the damages owed on that premise.

Questions Presented

1. Whether the district court abused its discretion by compelling Wunsch to produce documents that he claimed were irrelevant or outside his possession, custody, or control.
2. Whether, after default was entered as a discovery sanction, the district court improperly restricted Wunsch's participation in the damages hearing.
3. Whether the evidence was sufficient to support the damages award.

Disposition

affirmed