HomeMy WebLinkAbout957068IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR LINCOLN COUNTY, STATE OF WYOMING
KILROY, LLC
v s.
Plaintiff,
TED TERRY, individually and SALT
RIVER RANCH, LLC,
Defendants.
FILED
Civil No. CV- 2010 -23 -DC
000425
NOV 2 2 2010
KENNETH D. ROBERTS
DiS RIOT C0(JRT
ICIAi_ D;STR Cr
Y, STATE OF WYOMING
ORDER GRANTING PARTIAL SUMMARY JUDGMENT
THE ABOVE ENTITLED MATTER came on for hearing on October 25, 2010 on the
Plaintiff's Motion for Summary Judgment and the Plaintiff being represented by its attorney, Dennis
W. Lancaster of Lancaster Law Offices, P.C., and the Defendants being represented by their
attorney Frank Hess of Hess Carlman D'Amours, LLC.
The Court having considered the arguments of counsel, having reviewed the file including
the Motion for Summary Judgment, and Affidavit in Support of Motion for Summary Judgment as
well as the Defendants' response to Plaintiff's Motion for Summary Judgment including the
Affidavit of the Defendant, Ted Terry, in opposition to Plaintiffs Motion the Court does hereby
find as follows:
1. That there are no material issues of fact and the Plaintiff is entitled to judgment as
a matter of law as far as its claim against the Defendant Salt River Ranch, LLC and
is entitled to judgment against Salt River Ranch, LLC in the amount of $7,500.00,
prejudgment interest at the rate of 7% per annum from December 22, 2008 in the
amount of 1,028.71, together with costs in the amount of 120.00 for a total
judgment of 8,648.71, which judgment will then accrue interest at the rate of 10%
per annum from and after October 25, 2010 until paid.
2. The Court does further find that there are material issues of fact as to the individual
liability of Ted Terry and thus Summary Judgment is not appropriate as far as the
individual claim and the Motion for Summary Judgment against the Defendant, Ted
Terry, is denied.
RECEIVED 12/8/2010 at 10:03 AM
RECEIVING 957068
BOOK: 758 PAGE: 425
JEANNE WP'
LINCOLN COUNTY CLEFvTv; r1 WY
000426
IT IS THEREFORE ORDERED, ADJUDGED and DECREED as follows:
1. That the Plaintiff is entitled to Summary Judgment against the Defendant Salt River
Ranch, LLC and judgment is therefore entered against the Defendant Salt River
Ranch, LLC in the amount of $7,500 together with prejudgment interest at the rate
of 7% per annum from December 22, 2008 until October 25, 2010 in the amount of
$1,028.71together with costs in the amount of $120.00 for a total judgment of
$8,648.71 which judgment will accrue interest from and after October 25, 2010 at
the rate of 10% per annum until paid.
Dated tb day of November, 2010.
Approved As�rm:
By:
De is W. Lancaster
Attorney for Plaintiff
istrict Court Judge
STATE OF WYOMING SS.
COUNTY OF LINCOLN
I, Kenneth D. Roberts, Clerk of the Third
Judicial District Court within and foresaid
county and in the State of foresaid, do
hereby certify the foregoing to be a full,
true, and comp! copy.
S ED .:'.(4 �}�L�1 t
Frank Hess
Attorney for Defendants
2
By:
60 427
Certificate of Service
I, Emily Dyson, Deputy Clerk of Court, Lincoln County, Wyoming, herby
certify that I served true correct copies of the foregoing document by First Class
U.S. Mail on the 1st day of December 2010, to the following:
Dennis W. Lancaster
Lancaster Law Offices, P.C.
P.O. Box 1589
Afton, WY 83110 -1589
Frank Hess
Hess, Carlman D'Amours, LLC
P.O. Box 449
Jackson, WY 83001 -0449
By:
M)
Deputy (l])er of Court