445 P.3d 991
Wyo.2019Background
- Mark Saunders, a Wyoming resident who alleged >60 days' residency, filed for divorce in Fremont County, WY on Feb 9, 2018; Sybil Saunders was served in North Carolina and filed a competing North Carolina divorce on Feb 21, 2018.
- Mr. Saunders sought divorce and equitable division of marital property; the parties’ children were adults and custody was not at issue.
- Mrs. Saunders moved to dismiss the Wyoming action under W.R.C.P. 12(b)(3) (improper venue) and on forum non conveniens grounds, alleging most witnesses, business activities, records, and property-related litigation were in North Carolina.
- The Fremont County court dismissed the Wyoming action for improper venue and referenced forum non conveniens; the court did not apply Wyoming’s divorce venue statute in its analysis or apply a structured forum non conveniens test.
- The Wyoming Supreme Court held Fremont County satisfied the statutory venue provision for divorce (Wyo. Stat. § 20-2-104) and reversed the dismissal for improper venue; it remanded for application of the Gulf Oil two-stage forum non conveniens test.
Issues
| Issue | Plaintiff's Argument (Saunders) | Defendant's Argument (Sybil) | Held |
|---|---|---|---|
| 1. Whether dismissal for improper venue under W.R.C.P. 12(b)(3) was proper | Saunders: He resided in Fremont County and met statutory residency; venue in Fremont County is proper under § 20-2-104 | Sybil: § 20-2-104 uses "may," so venue is permissive and court can dismiss if another forum is more appropriate | Court: Dismissal for statutory improper venue was error; Fremont County was proper venue under § 20-2-104 |
| 2. Whether dismissal under forum non conveniens was proper | Saunders: His choice of forum (Wyoming) is entitled to deference; Wyoming has jurisdiction and he moved here permanently | Sybil: North Carolina is the more convenient and appropriate forum given locus of businesses, witnesses, records, and complex property issues | Court: District court applied inadequate analysis; remanded to apply Gulf Oil two-stage test (availability of alternate forum then balance private/public interests), with heavy burden on movant |
Key Cases Cited
- Bourke v. Grey Wolf Drilling Co., LP, 305 P.3d 1164 (Wyo. 2013) (venue statute interpretation and plaintiff's choice among statutory venues)
- Burnham v. Coffinberry, 76 P.3d 296 (Wyo. 2003) (standard of review for venue and forum non conveniens matters)
- West Texas Utils. Co. v. Exxon Coal USA, Inc., 807 P.2d 932 (Wyo. 1991) (recognition that forum non conveniens exists in Wyoming; discretion of district court)
- Booth v. Magee Carpet Co., 548 P.2d 1252 (Wyo. 1976) (earlier mention of forum non conveniens in Wyoming jurisprudence)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (U.S. 1947) (articulated the two-stage forum non conveniens test adopted by the court)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (U.S. 1981) (adequacy of alternate forum and procedural bars relevant to forum non conveniens)
- Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp., 549 U.S. 422 (U.S. 2007) (movant bears heavy burden to overcome plaintiff's forum choice)