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Wood v. Wood

Supreme Court of Wyoming

August 20, 2018

KIMBERLY MARY WOOD, Appellant (Defendant),
v.
NEIL RAY WOOD, Appellee (Plaintiff).

          Appeal from the District Court of Campbell County The Honorable John R. Perry, Judge

          Representing Appellant: Kimberly M. Wood, pro se.

          Representing Appellee: J. Craig Abraham, Liberty Law Offices, P.C., Gillette, Wyoming.

          Before DAVIS, C.J., and BURKE [*] , FOX, KAUTZ, and BOOMGAARDEN, JJ.

          FOX, JUSTICE.

         [¶1] Kimberly Mary Wood (Mother) moved the district court for an ex parte order granting her emergency custody of her two children. The district court denied her motion and she appeals. We conclude that the district court's order denying Mother's motion is not an appealable order and dismiss her appeal.

         ISSUES

         [¶2] We adopt Father's issues, rephrased as:

         1. Is the order from which Mother appeals an appealable order?

         2. Is Father entitled to sanctions because there is no reasonable cause for Mother's appeal?

         FACTS

         [¶3] Mother and Neil Ray Wood (Father) divorced in 2014. The district court awarded Father custody of the two children: NSW, born in 2003, and ERW, born in 2006. In November 2017, Mother filed a "Motion for Ex-Parte for Emergency Custody" [sic]. Mother alleged that NSW had been expelled from school, Father had abandoned NSW by sending him to live with his paternal grandmother, and Father was alienating the children from her. On these grounds, she asked for "emergency custody" of NSW and ERW. Mother never served the motion on Father or his counsel. The district court denied the motion in a two-sentence order, which Mother now appeals.

         DISCUSSION

         [¶4] Mother alleges that the district court did not follow Wyoming law or consider the best interests of the children "when making [its] decisions throughout these proceedings," and that the order was either clearly erroneous or contrary to the great weight of the evidence. She requests this Court grant her a modification of custody, visitation, and child support. Father contends that the order is not an appealable order and requests this Court ...


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