WYOMING COURT RULES

20 request. — An order for extension of time for which to file notice of appeal recited that the attorney for the appellant requested the exten- sion by telephone. Since an application for extension of time must be a written application, and must encompass a showing of excusable neglect, the jurisdiction of the appellate court was not invoked and the appeal was dismissed. Wiens v. American Motors Corp., 717 P.2d 322, 1986 Wyo. LEXIS 520 (Wyo. 1986). Untimely appeal considered. — Supreme court considered merits of defendant’s untimely appeal in order to ensure that defendant was afforded equal protection in his presentence confinement credit award. Eustice v. State, 871 P.2d 682, 1994 Wyo. LEXIS 42 (Wyo. 1994). Appeal from summary judgment un- timely. — Because a decision granting sum- mary judgment in a labor dispute was an ap- pealable order under Wyo. R. App. P. 1.05(a) since it left nothing for further consideration, a notice of appeal filed more than 30 days there- after was untimely under Wyo. R. App. P. 2.01(a); dismissal entered in the case after summary judgment was merely a nullity, and there was no equitable tolling principals recog- nized under Wyoming law. Merchant v. Gray, 2007 WY 208, 173 P.3d 410, 2007 Wyo. LEXIS 220 (Wyo. 2007). Appeal from second partial summary judgment. — Plaintiff who failed to take an appeal from the first partial summary judg- ment did not waive her right to appeal from the second partial summary judgment. Rule 54(b) certifications are subject to review in the Wyo- ming supreme court for a determination as to whether certification would further the inter- ests of judicial economy and the sound admin- istration of the appellate process. Loghry v. Unicover Corp., 878 P.2d 510, 1994 Wyo. LEXIS 86 (Wyo. 1994). Notice of appeal neither defective nor untimely. — A juvenile’s notice of appeal was not defective, for even though the juvenile’s counsel did not correctly type the name of the hearing and order in the notice of appeal, it would have put form over substance to have denied appellate jurisdiction, where counsel correctly identified the object of the appeal as the juvenile court’s order and also attached to the notice of appeal a copy of the order. More- over, the notice of appeal was not untimely, where (1) the juvenile court, with the consent of both the state and the juvenile, reserved a restitutional order to a later time, and (2) when the juvenile court later held a restitution hear- ing and entered a final order on restitution, the juvenile timely appealed that final order. TPJ v. State, 2003 WY 49, 66 P.3d 710, 2003 Wyo. LEXIS 61 (Wyo. 2003). Because appellant filed a motion to withdraw his guilty plea just two days after a judgment and sentence was entered, it was filed well within the 30 days allowed by this section, and, although his motion was not decided for ap- proximately 20 months, the Wyoming Rules of Criminal Procedure did not impose a time limi- tation as they did for certain types of post-trial motions, and the supreme court was therefore able to reach the merits of the issue. Chapman v. State, 2013 WY 57, 300 P.3d 864, 2013 Wyo. LEXIS 62 (Wyo. 2013). Appellate court had subject matter jurisdic- tion over an appeal from the district court’s denial of appellant’s motion to amend the com- plaint because the district court’s denial of appellant’s motion to amend the complaint ac- companied the court’s award of summary judg- ment to appellee; however, the order did not finally decide the action because it explicitly gave appellant time to substitute the real party in interest. When appellant was unable to do so, the district court dismissed the case, result- ing in a final, appealable order. Gaston v. Life Care Ctrs. of Am., Inc., 2021 WY 74, 488 P.3d 929, 2021 Wyo. LEXIS 82 (Wyo. 2021). In a child support action, the father’s notice of appeal was timely filed less than 30 days after the court took no action on the father’s post-judgment motion challenging the merits of the district court’s order, which was then deemed denied. Tucker v. Tucker, 2023 WY 62, 530 P.3d 1084, 2023 Wyo. LEXIS 63 (Wyo. 2023). Jurisdiction lost. — Judgment debtor’s failure to appeal within 30 days under this section from the denial of his petition to enjoin an execution sale, which was a final appealable order under Wyo. R. App. P. 1.05(b), deprived the reviewing court of jurisdiction as to that issue pursuant to Wyo. R. App. P. 1.03. Cook v. Swires, 2009 WY 21, 202 P.3d 397, 2009 Wyo. LEXIS 20 (Wyo. 2009). Law reviews. — Tyler J. Garrett, Anatomy of a Wyoming Appeal: A Practitioner’s Guide for Civil Cases, 16 Wyo. L. Rev. 139 (2016).