287 P.3d 757
Wyo.2012Background
- John H. Hibsman, Jr. died testate; Jason Hibsman named executor/personal representative by Will and probate commenced.
- Dispute with another heir, Trudy Hibsman, over Appellant’s appointment as Personal Representative.
- Estate sold two properties and two vehicles; remaining assets moved among heirs and stored, later relocated to Colorado.
- Final accounting filed October 18, 2010; included distributions to Appellant and proposed final payment to Appellant and attorney.
- Appellant was removed as Personal Representative; Michael Zwickl appointed temporary PR; estate account frozen and statements required.
- Hearing held September 9, 2011 on second interim report; Appellant invoked Fifth Amendment; no other evidence presented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the September 9, 2011 hearing had sufficient evidence to support the district court’s findings and the amount to be recovered. | Hibsman argues evidence was insufficient to prove concealment/embezzlement and amount. | Estate asserts the court may rely on the record and inferences from Appellant’s silence and conduct. | No jurisdiction to resolve; appeal dismissed for lack of jurisdiction. |
Key Cases Cited
- Mathewson v. Estate of Nielsen (In re Estate of Nielsen), 2011 WY 71 (Wyoming 2011) (jurisdictional review of appealability and finality)
- Inman v. Williams, 2009 WY 51 (Wyoming 2009) (definition of appealable orders in special proceedings)
- Northwest Bldg. Co., LLC v. Northwest Distrib. Co., 2012 WY 113 (Wyoming 2012) (appealability standard; substantial rights analysis)
- Public Serv. Comm. v. Lower Valley Power Light, 608 P.2d 660 (Wyoming) (appealability framework for orders affecting rights)
- Plymale v. Donnelly, 125 P.3d 1022 (Wyoming 2006) (text on appellate jurisdiction and finality)