Megan B. Golden, f/k/a/ Megan B. Guion v. Todd A. Guion
2013 WY 45
| Wyo. | 2013Background
- Wife appeals a district court property division following their divorce.
- The district court distributed all marital property in August 2012 after Wife filed for divorce in 2010.
- The parties married in March 2007 in Pennsylvania and later lived in Sheridan, Wyoming, purchasing a marital home.
- Appellee/Husband contends Wife’s brief is procedurally defective due to the absence of the trial transcript.
- The court reviews property divisions for abuse of discretion and defers to the trial court on credibility and evidence.
- The absence of a transcript leads the court to rely on trial court findings and to potentially deny relief or award costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court abuse its discretion in the property division? | Golden contends the division ignores the evidence. | Guion asserts proper discretion given the record and credibility. | No abuse due to lack of transcript; findings stand. |
Key Cases Cited
- Willowbrook Ranch, Inc. v. Nugget Exploration, Inc., 896 P.2d 769 (Wy. 1995) (trial findings stand in absence of transcript)
- Armstrong v. Pickett, 865 P.2d 49 (Wy. 1993) (deference to trial court findings where credibility is involved)
- Chancler v. Meredith, 86 P.3d 841 (Wy. 2004) (no reasonable cause for appeal requires transcript)
- Stadtfeld v. Stadtfeld, 920 P.2d 662 (Wy. 1996) (transcript required for reviewing disputed evidence)
- In re Estate of Manning, 646 P.2d 175 (Wy. 1982) (transcript absence may limit review)
- G.C.I., Inc. v. Haught, 7 P.3d 906 (Wy. 2000) (quotations cited in chain regarding standard of review)
- Nicholls v. Nicholls, 721 P.2d 1103 (Wy. 1986) (costs and fees considerations on appeal)