Fix v. South Wilderness Ranch HomeOwners Assn.

Summary

The Wyoming Supreme Court affirmed a judgment requiring a homeowner to pay subdivision assessments, interest, attorney fees, and costs to a homeowners association. The court upheld summary judgment, the attorney-fee award, and severance of the homeowner’s counterclaim, but vacated $1,228 in costs for online legal research because legal research is part of attorney overhead and is not separately taxable as a cost under Wyoming law. The court declined to award the association attorney fees and costs on appeal.

Holdings

1. The court declined to consider Fix's challenge because his brief did not cite adequate authority, identify the elements of the asserted defenses, or provide cogent argument showing that his affidavit established them.
2. The district court did not abuse its discretion in awarding the homeowners association $17,439 in attorney fees.
3. The district court did not abuse its discretion by severing Fix's counterclaim from the association's assessment-collection claims.
4. The award of $1,228 for legal research costs was improper and was vacated.
5. The homeowners association was not awarded attorney fees or costs for defending the appeal.

Questions Presented

1. Whether the district court properly granted summary judgment to the homeowners association on its claim for unpaid assessments despite Fix's asserted affirmative defenses.
2. Whether the district court's attorney-fee award was excessive or procedurally improper.
3. Whether the district court abused its discretion by severing Fix's counterclaim from the association's collection claims.
4. Whether the district court improperly awarded costs for online legal research.
5. Whether the homeowners association was entitled to attorney fees and costs incurred in defending the appeal under W.R.A.P. 10.05.

Disposition

reversed_and_remanded