Parker v. Kahin

Parker v. Kahin
1988 WY 96
758 P.2d 570
Case Number: 88-180
Decided: 08/02/1988
Supreme Court of Wyoming

THOMAS L. PARKER AND THE PARKERLAND AND CATTLE COMPANY, INC., APPELLANTS (DEFENDANTS),

v.

BRIAN KAHIN AND SHARON KAHIN, EXECUTORS FOR THE ESTATE OF MARGARET M. KAHIN, APPELLEES (PLAINTIFFS).

THOMAS, Acting Chief Justice.

ORDER DISMISSING APPEAL

[¶1.]     This case having come before the court on its own motion for determination whether the court lacks jurisdiction to consider the appeal, and the court having examined the file and record before the court, and being fully advised in the premises finds that the Notice of Appeal was given "from the Order of the District Court of Fremont County, Wyoming, filed May 26, 1988, Denying Defendants' Motion to Alter or Amend Judgment," which is not an appealable order, Sun Land & Cattle Co. v. Brown, Wyo., 387 P.2d 1004 (1964); the time having passed for appeal from the judgment and order entered April 18, 1988 as limited by Rule 2.01, W.R.A.P. to fifteen days, Wiens v. American Motors Corp., Wyo., 717 P.2d 322 (1986), although extended by Rule 59(f), W.R.C.P. until May 24, 1988 which has now also passed; and this appeal should be dismissed, and it therefore is

[¶2.]     ORDERED that this appeal be, and the same hereby is, dismissed.