Shanor v. A-Pac, Ltd., A-PA
| Decision Date | 03 January 1986 |
| Docket Number | No. 85-67,LTD,A-PA,85-67 |
| Parties | Roger E. SHANOR and Donald W. Shanor, Appellants (Defendants), v., a Wyoming Corporation, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Henry F. Bailey, Jr. (argued) of Loomis, Lazear, Wilson & Pickett, Cheyenne, for appellants.
Robert W. Horn, on brief, Jackson, for appellee.
Before THOMAS, C.J., ROONEY, * BROWN, and CARDINE, JJ., and GUTHRIE, J., Retired.
GUTHRIE, Justice, Retired.
Appellants come here seeking the reversal of a summary judgment and to have the case remanded for further proceedings. The judgment at which this appeal is directed granted appellee herein a joint and several judgment against these appellants in the amount of $3,150 for rentals, plus the sum of $472.50 for a late charge, and attorney's fees and costs in the sum $1,207.50.
It being the Court's view that the motion for summary judgment was not properly supported by the affidavit filed with it, and there not being any admissions in the pleadings which would supplement this showing other than as hereinafter set out, the judgment was improvidently granted and without proper support in the evidence. This case must then be reversed.
This Court steps into the shoes of the trial court in a review of this character and must determine from the record if there was sufficient evidence or showing to justify the entry of a judgment herein. Hickey v. Burnett, Wyo., 707 P.2d 741 (1985); Reno Livestock Corporation v. Sun Oil Company (Delaware), Wyo., 638 P.2d 147 (1981). There is a definite burden upon the movant to demonstrate the entitlement to a summary judgment. Kover v. Hufsmith, Wyo., 496 P.2d 908 (1972).
For a better understanding of this case, the material parts of the affidavit filed by the movant herein are set out as follows:
The motion recites that reliance will be made upon the affidavit and the pleadings. The only admissions which the pleadings make and which can be attributed to them are admissions of the appellee's corporate status and the execution of the lease.
A movant must first submit evidence which establishes a prima facie case, Gennings v. First National Bank at Thermopolis, Wyo., 654 P.2d 154 (1982), and show that it is "entitled to a judgment as a matter of law." Rule 56(c), W.R.C.P. Appellee herein has clearly failed to do this in several particulars.
Relying solely upon the record, the affidavit, and pleadings herein, neither this Court nor any court could make a determination of the exact amount of rental due when it has in...
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