In the Matter of the Guardianship and Conservatorship of William G. Bratton, Ward, Robert E. Bratton v. Jeanne Blenkinsop

2015 WY 157 (Wyo. 2015) · Supreme Court of Wyoming · December 29, 2015 · No. S-15-0076, S-15-0131, S-15-0132

Summary

The Wyoming Supreme Court considered three consolidated appeals arising from the guardianship and conservatorship of William G. Bratton. The Court held that Robert E. Bratton had standing, affirmed approval of the guardian’s second report and conservator’s first annual accounting, and declined to address unsupported or unpreserved claims. The Court awarded Jeanne Blenkinsop reasonable attorney’s fees and costs because the appeals lacked reasonable cause.

Holdings

  1. Robert Bratton had standing to participate as a party in the guardianship and conservatorship proceedings and to pursue these appeals.
  2. The district court did not err in approving the Guardian's Second Report.
  3. The district court properly denied Robert Bratton's motion for additional time because W.R.C.P. 58 applies to objections to the form or content of a proposed judgment or order, not to a decision letter.
  4. The district court did not err in approving the Conservator's First Annual Accounting, and its directive that the conservator manage conservatorship assets for the ward's benefit was proper.
  5. Jeanne Blenkinsop was entitled to reasonable attorney's fees and costs because the Court certified that Robert Bratton had no reasonable cause for these appeals.

Questions Presented

  1. Whether Robert Bratton had standing to pursue the consolidated appeals.
  2. Whether the district court erred in approving the Guardian's Second Report.
  3. Whether the district court erred in denying Robert Bratton's motion for additional time to respond to the district court's decision letter.
  4. Whether the district court erred in accepting the Conservator's First Annual Accounting.
  5. Whether Jeanne Blenkinsop was entitled to attorney's fees and costs under W.R.A.P. 10.05(b).

Disposition

affirmed

Cases Cited (10)

  • Bratton v. Blenkinsop (In re Bratton), 2014 WY 87, ¶ 25, 330 P.3d 248, 253 (Wyo. 2014)(followed)
  • Bratton v. Blenkinsop (In re Bratton), 2015 WY 32, ¶ 13, 344 P.3d 255, 259 (Wyo. 2015)(followed)
  • Northfork Citizens for Responsible Dev. v. Park County Bd. of County Comm'rs, 2008 WY 88, ¶ 6, 189 P.3d 260, 262 (Wyo. 2008)(followed)
  • Halliburton Energy Services v. Gunter, 2007 WY 151, ¶ 10, 167 P.3d 645, 649 (Wyo. 2007)(followed)
  • McNeel v. McNeel (In re McNeel), 2005 WY 36, ¶¶ 16-18, 109 P.3d 510, 514-16 (Wyo. 2005)(limited)
  • Utley v. Lankford (In re Lankford), 2013 WY 65, ¶ 14, 301 P.3d 1092, 1098 (Wyo. 2013)(followed)
  • In re DMW, 2009 WY 106, ¶ 10, 214 P.3d 996, 998 (Wyo. 2009)(followed)
  • Dahlke v. Dahlke, 2015 WY 76, ¶ 18, 351 P.3d 937, 942-43 (Wyo. 2015)(followed)
  • In re Adoption of ADA, 2006 WY 49, ¶ 18, 132 P.3d 196, 203 (Wyo. 2006)(followed)
  • Walter v. Walter, 2015 WY 53, ¶ 11, 346 P.3d 961, 965 (Wyo. 2015)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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