TAMRA ACORN, REBECCA SHWEN, in their capacity as managers of FEDERER HOLDING COMPANY, a Wyoming closed limited liability company, Appellants (Defendants),
LORI MONCECCHI and DINO MONCECCHI, Appellees (Plaintiffs).
from the District Court of Laramie County The Honorable
Steven K. Sharpe, Judge
Representing Appellants John M. Walker and Robert J. Walker,
Hickey & Evans, LLP, Cheyenne, Wyoming.
Representing Appellees Anna M. Reeves Olson and Weston W.
Reeves, Park Street Law Office, Casper, Wyoming.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Appellants Tamra Acorn, Rebecca Shwen, and Federer Holding
Company, LLC, filed a motion to recover attorney fees and
costs incurred in this litigation. The district court denied
the motion, and Appellants challenge that decision in this
appeal. We affirm.
Appellants present two issues:
1. Did the district court err when it found that Appellants
Tamra Acorn and Rebecca Shwen were not entitled to attorney
fees under W.R.C.P. 54?
2. Did the district court err when it found that Appellants
Tamra Acorn and Rebecca Shwen, as managers of Federer Holding
Company, LLC, were not entitled to costs under W.R.C.P. 54?
The background of this case is set forth in Acorn v.
Moncecchi, 2016 WY 124, ¶ 1, 386 P.3d 739, 744
(Wyo. 2016) ("Acorn I"):
During the course of their marriage, M. W. "Bud"
Federer (Bud) and Margie Federer (Margie) amassed a sizeable
estate, predominantly comprised of apartment complexes
throughout Wyoming. The Federers formed numerous entities to
manage their holdings for their benefit during their lives,
and for the benefit of their three daughters. As so often
happens, the parents' attempt to impose harmony along
with the assets they conveyed to the next generation was
unsuccessful. The sisters disagreed about money, and those
disagreements blossomed into accusations of misconduct and
breaches of the duties that attach to their roles as ...