entry of any order granting or denying a motion for judgment; a motion to

Wyoming Rules of Appellate Procedure

Rule: 2.03

Jurisdiction: WY

Bluebook Citation: Wyo. R. App. P. 2.03

amend or make additional findings of fact; or a motion to alter or amend the judgment, or denying a motion for a new trial. If no order is entered, the full time for appeal commences to run when any such motion is deemed denied. (c) If a party files a notice of appeal after the court announces or enters a judgment, but before it disposes of any motion listed in Rule 2.02(a), the notice becomes effective to appeal a judgment or order, in whole or in part, upon entry of a final order disposing of the last such remaining motion. If no order is entered, the notice becomes effective when the last such motion is deemed denied. Such an appeal shall not be docketed in the appellate court prior to the notice of appeal becoming effective. If the appealing party also intends to challenge the order disposing of the last remaining motion or the deemed denial of the such motion, that party must file an amended notice of appeal within the time prescribed by Rule 2.01. No additional fee is required to file such amended notice of appeal. History: Amended April 6, 2015, effective July 1, 2015; amended October 12, 2021, effective January 1, 2022; amended December 11, 2024, effective March 1, 2025. Deemed denied provision. — In an action where homeowners were awarded damages for breach of contract and breach of the duty of good faith and fair dealing, the developer’s motions for judgment as a matter of law, a new trial, and remittitur were deemed denied before the district court heard and purported to deter- mine them, such that the judgment had become final and appealable at the time the motions were deemed denied and the district court no longer had jurisdiction to determine the mo- tions. Paxton Res., L.L.C. v. Brannaman, 2004 WY 93, 95 P.3d 796, 2004 Wyo. LEXIS 120 (Wyo. 2004), reh’g denied, 2004 Wyo. LEXIS 132 (Wyo. Sept. 8, 2004), cert. denied, 543 U.S. 1090, 125 S. Ct. 976, 160 L. Ed. 2d 901, 2005 U.S. LEXIS 665 (U.S. 2005), limited, Andersen v. Hernandez, 2005 WY 142, 122 P.3d 950, 2005 Wyo. LEXIS 169 (Wyo. 2005). Purpose of deemed denied provision. — Whole point of a deemed denied provision was that the judgment automatically became final and appealable upon passage of the specified period, such that an appeal that was not filed within 30 days after the post-trial motions were deemed denied was untimely. The developer’s motions were deemed denied before the district court heard and purported to determine them, such that the judgment had become final and appealable at the time the motions were deemed denied and the district court no longer had jurisdiction to determine the motions. Pax- ton Res., L.L.C. v. Brannaman, 2004 WY 93, 95 P.3d 796, 2004 Wyo. LEXIS 120 (Wyo. 2004), reh’g denied, 2004 Wyo. LEXIS 132 (Wyo. Sept. 8, 2004), cert. denied, 543 U.S. 1090, 125 S. Ct. 976, 160 L. Ed. 2d 901, 2005 U.S. LEXIS 665 (U.S. 2005), limited, Andersen v. Hernandez, 2005 WY 142, 122 P.3d 950, 2005 Wyo. LEXIS 169 (Wyo. 2005). Period for filing not tolled. — The plain- tiff’s motion to reconsider a grant of summary judgment could not be considered a motion to alter or amend judgment so as to toll the period for filing a notice of appeal where the motion did not: (1) illustrate a change in controlling law; (2) present any evidence that became available subsequent to the hearing; or (3) show any necessity to correct a clear error of law or prevent manifest injustice. Sherman v. Rose, 943 P.2d 719, 1997 Wyo. LEXIS 116 (Wyo. 1997). Wife’s motion to vacate and alter or amend a judgment of divorce on grounds that husband had perjured himself was, in essence, a motion to reconsider and did not stay the 30-day period for filing a notice of appeal. Morehouse v. More- house, 959 P.2d 179, 1998 Wyo. LEXIS 83 (Wyo. 1998).

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