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Bartel v. West

Supreme Court of Wyoming

October 15, 2015

DEL BARTEL and DALE THURGOOD, Appellants (Plaintiffs),
v.
DAVID C. WEST, as BANKRUPTCY TRUSTEE FOR DAVID N. FISHER; and CONSTANCE " CONNIE" MILLET, Appellees (Defendants)

Appeal from the District Court of Lincoln County. The Honorable Dennis L. Sanderson, Judge.

Appellants, Pro se.

For Appellee, David C. West: Sheldon A. Smith, Sheldon A. Smith & Associates, Coalville, Utah.

Representing Appellee, Constance Millet: No appearance.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

OPINION

Page 1167

BURKE, Chief Justice.

[¶1] Appellants, Del Bartel and Dale Thurgood, appeal the district court's denial of their motion to modify its previous order dismissing the case and its denial of their renewed motion for summary judgment. We will affirm. Further, finding no reasonable cause for this appeal, we will award attorneys' fees to Appellee.

ISSUE

[¶2] Although Appellants raise eight or more issues in their brief, we conclude that there is a single dispositive issue: Did the district court abuse its discretion in denying Appellants' motions for relief pursuant to W.R.C.P. 60(b)?

FACTS

[¶3] On December 17, 2009, Appellants and the company they own, High Desert, LLC, filed suit against David Fisher, Constance Millet, and Rocky Mountain Title Insurance Agency of Lincoln County, alleging breach of contract, intentional and negligent misrepresentation, fraud, and other claims arising from an unfulfilled real estate purchase agreement. Appellants alleged that High Desert was the seller of the real estate subject to the agreement, that Mr. Fisher and Ms. Millet were the buyers, and that the buyers had placed $25,000 in escrow with Rocky Mountain Title as earnest money.

Page 1168

[¶4] On January 29, 2010, Mr. Fisher filed an answer and counterclaim against Appellants and their company. Appellants suggest that Ms. Millet did not file an answer or otherwise appear, and a default was entered against her. There is nothing in the record on appeal to verify this suggestion. It also appears that Rocky Mountain Title was dismissed from the case after the money it held in ...


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