McDill v. McDill
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The Supreme Court dismissed this appeal from the district court's grant of summary judgment to Appellee, holding that because the district court's order granting summary judgment did not resolve all outstanding issues before it, it was not an appealable order under Rule 1.05 of the Wyoming Rules of Appellate Procedure (W.R.A.P.).
Michael G. McDill, as trustee of the Phyllis V. McDill Revocable Trust, filed a petition for instructions seeking confirmation that the Trust's no contest clause prohibited Thomas P. McDill, Jr. from taking under the Trust. The district court granted Michael's motion for summary judgment and his petition for instructions. Thomas appealed. The Supreme Court dismissed the appeal, holding (1) the district court's order granting Michael's summary judgment motion was not an appealable order under W.R.A.P. 1.05, and therefore, this Court lacked jurisdiction to hear the appeal; and (2) Michael was entitled to attorney fees and costs under W.R.A.P. 1.03 and 10.05.
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