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2010 WY 132

Summary of Decision issued September 30, 2010

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Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

Case Name: Daskalakis v. Resor

Citation: 2010 WY 132

Docket Number: S-10-0094

Appeal from the District Court of Teton County, Honorable Nancy Guthrie, Judge

Representing Appellant (Plaintiff): Basile S. Daskalakis, Pro se

Representing Appellee (Defendant): Matthew E. Turner of Mullikin, Larson & Swift, Jackson, Wyoming

Date of Decision: September 30, 2010

Facts: Appellant appeals the district court?s order granting summary judgment to Appellees in an action which Appellant asserted various claims against Appellees, including claims for personal injury, excess utility charges, wrongful termination of employment, and wrongful eviction.

Holdings: Although Appellees have responded to the substance of the appeal, to the extent they can make some sense of it, they raise a preliminary question concerning Appellant?s failure to comply with the requirement of Rule 7.01(e)(2) of the Wyoming Rules of Appellate Procedure, that his brief contain a statement of the facts relevant to the issues presented for review with appropriate references to documents in the index of the transmitted record. Appellees? question is well-taken. There are other instances of non-compliance with the appellate procedural rules in Appellant?s brief, namely, his brief does not contain a table of cases alphabetically arranged and other authorities cited with references to the pages in the brief where they appear, W.R.A.P. 7.01(c); his brief does not contain any cogent argument and does not contain a concise statement of the applicable standard of review for each issue. W.R.A.P. 7.01(f)(1) and (2). The failure of Appellant to comply with these rule requirements is ground for such action as the Court deems appropriate, including affirmance of the district court?s judgment. Exercising discretion under W.R.A.P. 1.03, the district court?s summary judgment order in favor of Appellees is summarily affirmed.

J. Golden delivered the opinion for the court.

Link: http://tinyurl.com/2dubyau

Full post as published by Law Library Letter on September 30, 2010 (boomark / email).