Rammell v. Mountainaire Animal Clinic, P.C.

Summary

The Wyoming Supreme Court affirmed summary judgment against Rex Rammell on his tortious-interference-with-contract claim and affirmed dismissal of his remaining breach-of-express-contract claim as a sanction for discovery violations and fraud on the court. The court held that defects in the appellate transcript certification were not jurisdictional, but summarily affirmed the discovery-sanction dismissal because Rammell failed to provide an adequate record for review.

Holdings

1. A deficiency in an otherwise timely notice of appeal, including failure to comply with W.R.A.P. 2.05's transcript certification requirements, is not jurisdictional and may be addressed through a discretionary sanction, including dismissal.
2. The absence of a transcript relevant to a sanctions ruling does not require summary affirmance of unrelated issues for which the transcript has no bearing.
3. Summary judgment was proper because the corporate president who made the termination decision in his official capacity could not be treated as a third-party interferer who induced the corporation to breach its contract.
4. Summary judgment was proper because Rammell failed to submit Rule 56 materials controverting that Vicky Zancanella did not make or participate in the termination decision and acted within the scope of her employment.
5. The district court's dismissal of Rammell's remaining breach-of-express-contract claim was an authorized discovery sanction and was summarily affirmed because the appellate record lacked the evidentiary-hearing transcript.

Questions Presented

1. Whether the district court erred by granting summary judgment against Rammell on his tortious-interference-with-contract claim.
2. Whether the district court abused its discretion by dismissing Rammell's remaining breach-of-express-contract claim as a sanction for discovery violations.
3. Whether deficiencies in Rammell's appellate transcript certification required dismissal of the appeal.
4. Whether the absence of the evidentiary-hearing transcript required summary affirmance of the entire appeal.

Disposition

affirmed