DAROLD M. BROWN, Appellant (Defendant),
TANA J. BROWN, n/k/a TANA J. BENNETT, Appellee (Plaintiff).
from the District Court of Park County The Honorable Steven
R. Cranfill, Judge
Representing Appellant: Donna D. Domonkos, Domonkos Law
Office, LLC, Cheyenne, Wyoming.
Representing Appellee: George L. Simonton, Attorney at Law,
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Appellant, Darold M. Brown, failed to designate witnesses and
exhibits in accordance with a pretrial scheduling order in
this divorce proceeding. As a result, the district court
imposed sanctions. It ruled that Mr. Brown could not present
witnesses or exhibits at trial. Mr. Brown challenges that
ruling in this appeal. We affirm.
Mr. Brown presents one issue: Did the district court abuse
its discretion when it sanctioned him for discovery
violations when Ms. Brown's counsel and the district
court did not follow W.R.C.P. 37? Ms. Brown states three
1. Is the issue set forth by Mr. Brown consistent with the
district court's decision and the record?
2. Did the district court abuse its discretion in restricting
Mr. Brown from producing witnesses and evidence for failure
to follow the Scheduling Order under Rule 16 of the Wyoming
Rules of Civil Procedure?
3. Is the appeal filed by Mr. Brown frivolous such that
attorney fees and costs should be awarded to Appellee?
Mr. and Ms. Brown were married in 2009. They had a child in
2010 and another in 2012. On October 3, 2014, Ms. Brown filed
a Complaint seeking a divorce from Mr. Brown. Shortly
thereafter, the district court was presented with a
stipulated "Decree of Divorce with Minor Children"
signed by both parties. Neither party was represented by
counsel. The district court signed the proposed decree, and
entered it six days after the Complaint had been filed. The
stipulated terms of the decree provided for joint legal and
physical custody of the children and a division of specified
Approximately ten months later, on August 5, 2015, Ms. Brown,
acting through counsel, filed a motion to vacate or modify
the divorce decree. In her motion, she alleged that the
divorce decree had been entered less than twenty days after
the complaint was filed, contrary to Wyo. Stat. Ann. §
20-2-108 (LexisNexis 2013). She also contended that
the decree did not distribute all assets and debts, and that
the agreed-upon joint custody was no longer in the
children's best interests. Mr. Brown, also acting through
counsel, filed a "Response to Plaintiff's Motion and
Counterclaim" on August 25. The ...