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Acorn v. Moncecchi

Supreme Court of Wyoming

July 7, 2017

TAMRA ACORN, REBECCA SHWEN, in their capacity as managers of FEDERER HOLDING COMPANY, a Wyoming closed limited liability company, Appellants (Defendants),
v.
LORI MONCECCHI and DINO MONCECCHI, Appellees (Plaintiffs).

         Appeal 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.

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

          BURKE, Chief Justice.

         [¶1] 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.

         ISSUES

         [¶2] 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?

         FACTS

         [¶3] 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 ...

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