WYOMING COURT RULES

192 F. ERROR OF LAW Case not always remanded for error of law. — Where a case was tried to a court and the court erred as to a rule of law in arriving at its judgment, the case may not necessarily always be remanded for a new trial; and where the factual situation was fully explored, there is little reason for a new trial. S--Creek Ranch v. Monier & Co., 518 P.2d 930, 1974 Wyo. LEXIS 182 (Wyo. 1974). III. TIME FOR MOTION IV. MOTION TO ALTER OR AMEND JUDGMENT Determining motion to alter or amend judgment. — An assigning judge cannot deter- mine a motion under subdivision (e) to alter or judge. amend a judgment by a special Huckfeldt v. Huckfeldt, 463 P.2d 927, 1970 Wyo. LEXIS 146 (Wyo. 1970). The plaintiff’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 con- trolling law; (2) present any evidence that be- came 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). Motion properly denied. — Where appel- lant tenants leased property for ten years, stopped making payments, and then filed an action to quiet title to the property on the theory of adverse possession, appellants’ pos- session of the property as tenants was permis- sive and not adverse; appellee true owners continued to pay the property taxes on the parcel, entered into oil and gas leases, and sold a strip of the property to the State for a high- way. When appellees moved for judgment on partial findings, the district court did not err by granting the motion and entering a judgment for appellees; while appellants did not have the opportunity to examine a witness or offer an exhibit into evidence, they were not entitled to amend the findings or hold a new trial under this section because the evidence did not estab- lish adverse possession. Willis v. Bender, 596 F.3d 1244, 2010 U.S. App. LEXIS 4531 (10th Cir. Wyo. 2010). Allegation at trial cannot gainsay affida- vit. — The factual accuracy of defendant’s allegation at trial cannot gainsay defendant’s affidavit submitted in support of defendant’s motion to alter or amend the judgment. Bollig v. Bollig, 919 P.2d 136, 1996 Wyo. LEXIS 93 (Wyo. 1996). Motion for new trial treated as a motion for reconsideration did not toll appellate deadlines. — When appellant grandson filed a motion for new trial under this rule following summary judgment in the distribution of his grandmother’s estate, the motion was inappro- priate because there was no trial; therefore, it was treated as a motion for reconsideration and did not toll the time for appealing from the summary judgment order. Mathewson v. Estate of Nielsen (In re Estate of Nielsen), 2011 WY 71, 252 P.3d 958, 2011 Wyo. LEXIS 74 (Wyo. 2011).