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State Courts
: Law Library LetterSummary 2008 WY 40
By Meg
Summary of Decision issued April 8, 2008
Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.
Case Name: Kruckenberg v. Ding Masters, Inc.
Citation: 2008 WY 40
Docket Number: S-07-0084
Appeal from the
Representing Appellants (Plaintiffs): Ron G. Pretty,
Representing Appellee (Defendant): Robert Carl Jarosh and Richard Grant Schneebeck, of Hirst & Appelgate, PC,
Facts/Discussion: Kruckenberg and Leif appealed the district court?s grant of summary judgment in Ding Masters? favor.
Jurisdiction: The summary judgment in Ding Masters? favor affected a substantial right but it did not determine the action because Appellants still maintained unresolved claims against several defendants. The order granting summary judgment was an interlocutory order. It merged with the Order of Dismissal with Prejudice which was the final order in Appellants? case. Appellants identified and attached the Order of Dismissal with Prejudice to their Notice of Appeal and satisfied the requirements.
Summary Judgment: The summary judgment movant has the initial burden of establishing a prima facie case with admissible evidence. Once that is accomplished the burden shifts to the opposing party to present specific facts showing that there is a genuine issue of material fact. Ding Masters submitted affidavits, deposition excerpts, and other materials in support of its motion. Appellants filed no response in opposition and the Court concluded there was no genuine issue of material fact.
Holding: Ding Masters successfully presented a prima facie case that it was entitled to summary judgment. Kruckenberg and Leif did not come forward with evidentiary materials to counter that case, nor did they demonstrate that Ding Masters? own materials raised genuine issues of material fact.
Affirmed.
J. Burke delivered the decision.
Link: http://tinyurl.com/64dkd8 .
[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]
Full post as published by Law Library Letter on April 08, 2008 (boomark / email).
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