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Summary 2010 WY 117

Summary of Decision issued August 18, 2010

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

Case Name: Erwin v. State, DFS

Citation: 2010 WY 117

Docket Number: S-09-0250

Appeal from the District Court of Sheridan County, the Honorable John G. Fenn, Judge.

Representing Erwin: Duane A. Erwin, pro se.

Representing State: Bruce A. Salzburg, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General; Elizabeth Bartels Lance, Assistant Attorney General.

Facts/Discussion: Erwin challenged the district court?s order denying his petition to set aside a Montana divorce decree. The Montana decree was filed in Minnesota and Erwin contested the order. A hearing was held and an order entered denying Erwin?s motion.
The Wyoming district court did not explicitly address whether Erwin?s challenge to the validity of the Montana decree was barred as a result of the Minnesota litigation. The Court may affirm a district court?s decision on any proper legal grounds supported by the record. The issue decided by the Minnesota district court was identical to the issue presented to the Wyoming district court. Erwin was a party at both proceedings and had full opportunity to contest the validity of the Montana decree. Erwin was precluded from relitigating the validity of the decree.

Conclusion: The Court agreed that Erwin could not challenge the validity of the decree because the collateral estoppel requirements were satisfied.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/25pxwkz .

[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 using the Universal Citation format, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on August 19, 2010 (boomark / email).