Stay of Enforcement

be penalized for a late appeal, and the case should be remanded to the district court for entry of an order directing the county board to provide a hearing in accordance with § 24-1- 101. Big Horn County Comm’rs v. Hinckley, 593 P.2d 573, 1979 Wyo. LEXIS 399 (Wyo. 1979). Under an exception to the Feres doctrine, Wyoming’s Air National Guard and its adjutant general faced possible liability for terminating an officer without following all prescribed statutory procedures; state courts lacked sub- ject matter jurisdiction, however, because of the officer’s failure to timely seek review of the decision of the National Guard, since the Guard was, to at least some extent, a state agency. Nyberg v. State Military Dep’t, 2003 WY 43, 65 P.3d 1241, 2003 Wyo. LEXIS 53 (Wyo. 2003). Failure to provide adequate record. — When the mother filed a second motion to modify child custody just nine days after the first motion to modify custody was decided, the district court dismissed the second motion on the basis of res judicata; because the record on appeal submitted under this rule did not in- clude a transcript or statement of the evidence presented at the hearing, the Supreme Court of Wyoming accepted the district court’s conclu- sion that the issues the mother presented in her second motion were identical to those de- cided by the first order. Goodman v. Voss, 2011 WY 33, 248 P.3d 1120, 2011 Wyo. LEXIS 35 (Wyo. 2011). Law reviews. — For comment, “Education for Handicapped Children in Wyoming: What Constitutes a Free Appropriate Public Educa- tion and Other Administrative Hurdles,” see XIX Land & Water L. Rev. 225 (1984). Filing of the petition does not itself stay enforcement of the agency decision. The reviewing court may order a stay upon appropriate terms. If the stay involves an order preventing an agency or another party from committing or continuing an act or course of action, the provisions of W.R.C.P. 65 relating to injunctions shall apply. History: Source. — Former Rule 72.1(e), W.R.C.P. Amended December 11, 2024, effective March (See notes following Rule 12.12.) 1, 2025.