Cowboy's LLC v. Schumacher
419 P.3d 498
Wyo.2018Background
- Schumacher (pro se) sued Cowboy's LLC claiming property awarded in a 2009 divorce had not been conveyed and filed liens against the property, then owned by Cowboy's.
- Cowboy's initially defaulted, default was set aside, the court ordered an amended complaint (none filed), and Schumacher later filed a Motion to Enforce a settlement she said required Cowboy's to pay $98,742 for release of the liens.
- After an initial attempt to resolve, Schumacher filed a second enforcement motion; Cowboy's did not appear, and the district court ordered Cowboy's to pay $98,742 within 15 days and authorized sale by sheriff if Cowboy's failed to perform.
- Cowboy's moved under W.R.C.P. 60(b) to vacate, arguing the underlying liens were invalid or unenforceable due to statute or time limits; it also asserted the motion was "deemed denied" on appeal procedural grounds.
- The district court denied relief; Cowboy's appealed. The Wyoming Supreme Court consolidated three appeals and reviewed whether the settlement enforcement order and denial of 60(b) relief were proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in enforcing the settlement agreement | Schumacher: parties entered into a valid settlement; Cowboy's must perform | Cowboy's: settlement should not be enforced because underlying liens were invalid or unenforceable | Court: Enforce settlement; parties relinquished challenges to lien validity by settling |
| Validity of Schumacher's liens | Schumacher: (not litigated at enforcement) settlement governs | Cowboy's: liens were invalid (no statutory basis for enforcing a divorce decree) | Court: Whether liens were valid was waived by settlement; court will not "look behind" compromise |
| Timeliness/enforceability of liens (statutory time bars) | Schumacher: settlement resolves dispute regardless of lien enforceability | Cowboy's: suit was filed after statutory lien-foreclosure periods elapsed, so liens were unenforceable | Court: Time-bar argument forfeited by settlement; settlement enforceable even if underlying claims doubtful |
| Authority to order sheriff sale if Cowboy's failed to pay | Schumacher: remedy appropriate to secure relief on enforcement | Cowboy's: settlement did not permit foreclosure; court lacked authority to order sale | Court: Argument not preserved below; appellate court will not consider it; sale provision stands as ordered by trial court |
Key Cases Cited
- Maycock v. Maycock, 33 P.3d 1114 (Wyo. 2001) (settlement agreements are contracts; existence of a contract is a factual question reviewed for clear error)
- Farrell v. Alsop, 2 Wyo. 135 (Wyo. Terr. 1879) (settlement bars later claims on relinquished demands)
- Foster v. Wicklund, 778 P.2d 118 (Wyo. 1989) (compromise and settlement enforceable despite doubts about underlying claims)
- Peters Grazing Ass'n v. Legerski, 544 P.2d 449 (Wyo. 1975) (precedent upholding settlements as final resolution)
- Parsley v. Wyoming Auto. Co., 395 P.2d 291 (Wyo. 1964) (settlement prevents later assertion of relinquished claims)
- Kinnison v. Kinnison, 627 P.2d 594 (Wyo. 1981) (court will not reopen or "look behind" a valid settlement to determine who would have prevailed)
- Dobson v. Portrait Homes, Inc., 117 P.3d 1200 (Wyo. 2005) (compromises are favored; validity does not depend on the correctness of underlying claims)