Fix v. South Wilderness Ranch HomeOwners Assn.

2012 WY 96, 280 P.3d 527, 2012 WL 2849663, 2012 Wyo. LEXIS 101
CourtWyoming Supreme Court
DecidedJuly 12, 2012
DocketNo. S-11-0260
StatusPublished
Cited by7 cases

This text of 2012 WY 96 (Fix v. South Wilderness Ranch HomeOwners Assn.) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fix v. South Wilderness Ranch HomeOwners Assn., 2012 WY 96, 280 P.3d 527, 2012 WL 2849663, 2012 Wyo. LEXIS 101 (Wyo. 2012).

Opinion

KITE, Chief Justice.

[11] The South Wilderness Ranch Homeowners Association (HOA) filed an action against William R. Fix to recover $2,500 in assessments he allegedly owed as a lot owner in the South Wilderness Ranches Subdivision. The HOA also sought interest and attorney fees. Mr. Fix denied that he owed the assessments and filed a counterclaim seeking a judicial determination that the covenants pursuant to which the assessments were to be paid were null and void. In the alternative, he sought damages for injuries he allegedly sustained when the HOA failed to enforce the covenants and allowed his neighbor to build a fence that violated the covenants.

[529]*529[12] After summary judgment proceedings, the district court entered an order granting judgment in favor of the HOA on its claim for the assessments, interest and attorney fees. Subsequently, the court severed Mr. Fix's counterclaim from the rest of the case and entered judgment for the HOA on its complaint in the amount of the $2,500 assessments, plus pre-judgment interest, attorney fees and costs, for a total judgment of $22,077.38.

[13] Mr. Fix appeals, claiming the district court erred in granting summary judgment against him on the HOA's complaint and severing his counterclaim. He also claims the attorney fees and costs award is excessive. We affirm the district court's order and judgment with the exception that we vacate the costs awarded for legal research.

ISSUES

[14] Mr. Fix, appearing pro se,1 presents the issues for this Court's determination as follows:

I. The [district] court erred in granting summary judgment against the homeowner.
II. The [district] court awarded attorney fees that are excessive.
III. The severance ordered by the [district] court sua sponte constitutes error.
IV. The costs awarded by the [district] court are not permitted.

The HOA asserts the district court rulings were proper and seeks leave to submit evidence of its fees, costs and expenses, including attorney fees, incurred in defending this appeal.

FACTS

[T5] Mr. Fix owns Lot 2 in South Wilderness Ranches Subdivision in Teton County, Wyoming. The HOA is responsible for providing common services in the subdivision and for making and collecting annual assessments from the lot owners. On September 22, 2009, the HOA filed a complaint in circuit court alleging that Mr. Fix had failed to pay the 2009 annual assessment of $1,000. The HOA sought payment of the assessment plus interest, costs and attorney fees as provided in the subdivision covenants.

[T6] Mr. Fix answered the complaint, admitting that he owned Lot 2 in the subdivision but denying that he owed the 2009 assessment. He also filed a counterclaim for breach of contract asserting that the HOA breached the covenants by failing to enforce them and seeking a judicial determination that the covenants were null and void.2 At a [530]*530subsequent pre-trial conference, Mr. Fix stated that he wished to amend his counterclaim to add as a party Frank Forelle, the neighbor who built a fence along one of the boundaries of his property in violation of the covenants. The HOA likewise indicated it intended to amend its complaint to include collection of an additional $1,500 assessment which became due January 1, 2010. The district court ordered the parties to move to amend their pleadings on or before November 15, 2010.

[17] Accordingly, on November 15, 2010, the HOA filed a motion for leave to amend its complaint to include collection of the 2010 assessment. The district court granted the motion and the HOA filed its amended complaint on December 30, 2010. Meanwhile, on November 16, 2010, without seeking leave of court, Mr. Fix filed an amended answer, amended counterclaim and third party complaint. In his amended counterclaim and third party complaint, Mr. Fix sought a judgment declaring that the covenants were void and unenforceable or, in the alternative, that the neighbor's fence violated the covenants and he was entitled to damages.

[18] The HOA filed a motion to strike the new pleadings on the ground that Mr. Fix did not obtain the court's approval before filing them. The court convened a hearing at which time Mr. Fix asked the court to accept his amended pleadings based upon his recollection that the parties were ordered to amend their pleadings without seeking leave of court. The court accepted Mr. Fix's explanation and denied the motion to strike as to the amended answer and counterclaim. However, the court concluded the neighbor was not a proper third party defendant and granted the motion to strike as to the third party complaint.

[T9] The court set the case for trial in May of 2011. In April, the HOA filed a motion for summary judgment. After a hearing, the court entered an order granting judgment for the HOA in the amount of $2,500, the total of the two assessments, plus interest, costs and attorney fees. The court also granted judgment for the HOA on Mr. Fix's counterclaim for breach of the covenants. The court vacated the trial date and set for hearing and sought additional briefing on the issue of whether it should sever Mr. Fix's remaining counterclaim for declaratory relief. Upon considering the parties' briefs and arguments on that issue, the court entered an order severing the remaining counterclaim.

[$101 Subsequently, in September of 2011, the district court entered judgment on the complaint in the HOA's favor and against Mr. Fix and awarded the HOA the $2,500 assessments, $787.98 in prejudgment interest, $17,439.00 in attorney fees and $1,350.40 in costs, for a total judgment of $22,077.38. Mr. Fix timely appealed.3

STANDARD OF REVIEW

[F111] In his first issue, Mr. Fix contends the district court erred in granting summary judgment for the HOA on its complaint.

We review a district court's summary judgment rulings de novo, using the same materials and following the same standards as the district court. The facts are reviewed from the vantage point most favorable to the party opposing the motion, and we give that party the benefit of all favorable inferences that may fairly be drawn from the record.

Weber v. State, 2011 WY 127, ¶ 10, 261 P.3d 225, 227 (Wyo.2011) (citation omitted).

[531]*531[112] Mr. Fix asserts in his second and fourth issues that the district court's attorney fees and costs awards were excessive. We review such awards for abuse of discretion; the ultimate issue is whether the court could reasonably conclude as it did. Magin v. Solitude Homeowner's Inc., 2011 WY 102, ¶ 40, 255 P.3d 920, 932 (Wyo.2011).

[118] In his third issue, Mr. Fix challenges the district court's order severing his counterclaim from the HOA's claims. W.R.C.P. 42(b) provides that a court may order a separate trial of any claim, including a counterclaim "in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy." The decision to order separate trials is within the discretion of the district court and will not be disturbed on appeal unless an abuse of discretion is found. Beavis v. Campbell County Mem. Hosp., 2001 WY 32, ¶ 17, 20 P.3d 508, 514 (Wyo.2001).

DISCUSSION

1. Summary Judgment

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
2012 WY 96, 280 P.3d 527, 2012 WL 2849663, 2012 Wyo. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fix-v-south-wilderness-ranch-homeowners-assn-wyo-2012.