Reversal in Part

Wyoming Rules of Appellate Procedure

Rule: 9.02

Jurisdiction: WY

Bluebook Citation: Wyo. R. App. P. 9.02

If a judgment or appealable order is reversed in part, for error relating only to an issue which is not dependent for its proper trial on any other issue or issues found to have been properly tried, then a partial new trial may be directed by the appellate court, if a trial on that issue does not prejudice or work an injustice on any party. Source. — Former Rule 72(h), W.R.C.P. Limitations on judicial review. — Wyo- ming Supreme Court was justified in accepting a utility company’s appeal of an order from the Public Service Commission denying its request for a surcharge to recover the cost of increased power requirements from retail customers, pur- suant to W.R.A.P. 9.02, even though the order was not appealed in its entirety because the issues were sufficiently distinct, providing that the court’s analysis was carefully limited to the specific legal challenges brought by the utility company. PacifiCorp v. PSC, 2004 WY 164, 103 P.3d 862, 2004 Wyo. LEXIS 210 (Wyo. 2004).

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