Nathan R. Baker Bryner Farms, LLC Pat's Dream Project Trust and MME Trust
2014 WY 117
| Wyo. | 2014Background
- Corsi Ranchettes held by Byron and Rosemary as tenants by the entirety in 1998; 2003 transfer to Nathan, then to Bryner Farms (2008), then to Pat’s Dream Project Trust (2010) with Rosemary as trustee.
- Misty Meadows similarly traced: title held as joint tenants; 2003 fraudulent transfer to Nathan, then to Bryner Farms (2008), then to MME Trust (2010); Rosemary as trustee.
- Baker II held the 2003 transfer fraudulent under UFCA; remanded for marital-status determination to determine if tenancy by the entirety could shield Byron’s interest.
- District court held Rosemary and Byron were not married when title was taken, so Corsi Ranchettes not held by tenancy by the entirety; Speaks won summary judgment on that issue.
- For Misty Meadows, the district court applied UFCA rather than UFTA for the 2003 transfers and held the Speaks’ claim timely; Rule 54(b) certification allowed separate handling of Misty Meadows and Corsi Ranchettes claims.
- Court affirms district court’s rulings and permits execution on Misty Meadows while Corsi Ranchettes issues remain pending
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Marital status adjudication and tenancy by the entirety | Speaks rely on lack of marriage to defeat tenancy by entirety | Baker Defendants urge court to adjudicate marriage under Utah unsolemnized statute | District court correctly held no Utah-status adjudication; no tenancy by entirety |
| Timeliness of Misty Meadows fraud claim under UFCA vs UFTA | Speaks' claim timely under UFCA as applied in Baker II | Baker Defendants argued UFTA limitations applied (timeliness issue) | UFCA applies and claim timely; affirmance of judgment |
Key Cases Cited
- Baker v. Speaks, 2008 WY 20 (Wy. 2008) (fraudulent conveyance and construction liability; earlier opinions referenced)
- Baker v. Speaks, 2013 WY 24 (Wy. 2013) (Baker II; UFCA applicability and marital-status considerations clarified)
- Estate of Marusich v. State ex. rel Dep’t of Health, 2013 WY 150 (Wy. 2013) (tenancy by the entirety considerations and execution limitations)
- Griffin v. Bethesda Foundation, 609 P.2d 459 (Wyo. 1980) (Rule 54(b) no just reason for delay; analysis of multiple-claim certification)
- Mott v. England, 604 P.2d 560 (Wyo. 1979) (complete disposition required for Rule 54(b) certification)
- Hasvold v. Park County School Dist. No. 6, 2002 WY 65 (Wy. 2002) (summary judgment standard and burden on nonmoving party)