Katya Hutton v. Michael L. Dykes and J. Christopher Dykes, as Co-Personal Representatives of the Estate of Robert P. Dykes

2025 WY 94
CourtWyoming Supreme Court
DecidedAugust 22, 2025
DocketS-24-0322
StatusPublished

This text of 2025 WY 94 (Katya Hutton v. Michael L. Dykes and J. Christopher Dykes, as Co-Personal Representatives of the Estate of Robert P. Dykes) 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
Katya Hutton v. Michael L. Dykes and J. Christopher Dykes, as Co-Personal Representatives of the Estate of Robert P. Dykes, 2025 WY 94 (Wyo. 2025).

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2025 WY 94

APRIL TERM, A.D. 2025

August 22, 2025

KATYA HUTTON,

Appellant (Third-Party Defendant),

v. S-24-0322 MICHAEL L. DYKES and J. CHRISTOPHER DYKES, as Co-Personal Representatives of the Estate of Robert P. Dykes, Deceased,

Appellees (Defendants/Third-Party Plaintiffs).

Appeal from the District Court of Fremont County The Honorable Jason M. Conder, Judge

Representing Appellant: Jason M. Tangeman, Nicholas & Tangeman, LLC, Laramie, Wyoming. Argument by Mr. Tangeman.

Representing Appellee: Lucas E. Buckley, John P. Fritz, and Brent R. Rhodes, Hathaway & Kunz LLP, Cheyenne, Wyoming. Argument by Mr. Fritz.

Before BOOMGAARDEN, C.J., and GRAY, FENN, JAROSH, and HILL, JJ.

NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume. HILL, Justice.

[¶1] SL&L Enterprises filed suit against Appellees, Michael L. Dykes and J. Christopher Dykes as co-personal representatives of the Estate of Robert P. Dykes, for failing to pay an overdue promissory note. The Appellees filed a third-party complaint against Appellant, Katya Hutton, seeking declaratory judgment that she was jointly liable for the promissory note obligations and requesting indemnification and contribution. Following a bench trial, the district court determined Ms. Hutton was liable for 50% of the promissory note balloon payment and reasonable attorney’s fees, costs, late fees, and interest. On appeal, Ms. Hutton asserts the district court erred in its application of the Florida doctrine of equitable contribution to find that she is 50% liable for these amounts. We affirm.

ISSUE

[¶2] Ms. Hutton raises one issue on appeal. We rephrase it as:

Did the district court err when it concluded Ms. Hutton was 50% liable for the $100,000.00 balloon payment and associated reasonable attorneys’ fees, costs, late fees, and interest?

FACTS

[¶3] The relevant facts are not in dispute. Ms. Hutton and Robert P. Dykes (Mr. Dykes) were in a long-term relationship and looked for real estate investment properties. In March of 2021, Ms. Hutton and Mr. Dykes signed a real estate purchase agreement to buy a duplex in North Palm Beach, Florida, from SL&L Enterprises, LLC for $525,000.00. After Mr. Dykes paid the initial $50,000.00 deposit, Ms. Hutton and Mr. Dykes secured the rest of the $475,000.00 purchase price from SL&L by executing a promissory note (Note) and a mortgage (Mortgage). Both Ms. Hutton and Mr. Dykes signed the Note and Mortgage as joint obligors. The Mortgage specifically stated they were executing it “as joint tenants with rights of survivorship.” The Note incorporated by reference the Mortgage’s terms. The Note, in relevant part, obligated both Ms. Hutton and Mr. Dykes to make monthly payments and a balloon payment of $100,000.00 (Balloon Payment) on March 7, 2022.

[¶4] Ms. Hutton and Mr. Dykes made all the required monthly payments on the Note through February but failed to make the Balloon Payment in March of 2022. Mr. Dykes passed away on April 16, 2022, and the overdue Balloon Payment remained unpaid. Mr. Dykes’s will was admitted to probate and his sons, Michael Dykes and J. Christopher Dykes, were appointed as the co-representatives for Mr. Dykes’s Estate (Dykes Estate).

[¶5] After SL&L became aware that Mr. Dykes had died, it sent a default notice regarding the unpaid Balloon Payment to both Mr. Dykes’s business in Wyoming and Ms. Hutton. In response to SL&L’s default letter, Ms. Hutton requested and received a six-

1 month forbearance and entered into a forbearance agreement (Forbearance Agreement). Ms. Hutton paid nothing towards the Balloon Payment. SL&L made a creditor’s claim of $107,571.58 against the Dykes Estate for the unpaid Balloon Payment and interest, late fees, and attorneys’ fees. The Dykes Estate rejected the claim. SL&L then filed suit solely against the Dykes Estate for failing to make the overdue Balloon Payment.

[¶6] The Dykes Estate filed an answer to SL&L’s complaint and a third-party complaint against Ms. Hutton seeking declaratory judgment that Ms. Hutton was liable for the Balloon Payment under the Note and the Mortgage and that the Forbearance Agreement was an improper and invalid attempt to shift her obligations to the Dykes Estate. The Dykes Estate sought contribution and indemnification from Ms. Hutton. It asserted that once Mr. Dykes died, Ms. Hutton became the sole owner of the duplex, and the Dykes Estate no longer retained any legal interest in it.

[¶7] After some initial proceedings, the parties filed a second round of summary judgment motions. SL&L filed a motion for partial summary judgment against the Dykes Estate on its breach of contract claim for the unpaid Balloon Payment; Ms. Hutton joined in this motion. The Dykes Estate responded with its own motion for summary judgment on its third-party complaint against Ms. Hutton. As to SL&L’s summary judgment motion, the district court determined it was undisputed that a valid contract existed, requiring a Balloon Payment, which was never made. The district court, in partially granting SL&L’s motion, concluded the breach entitled SL&L, as a matter of law, to judgment against the Dykes Estate, jointly with Ms. Hutton, for the full $100,000.00 Balloon Payment plus reasonable associated amounts. 1

[¶8] The district court also partially granted the Dykes Estate’s motion for summary judgment, finding undisputed material facts supported its claim that Ms. Hutton was jointly liable for all amounts due under the Note and Mortgage. The district court found Ms. Hutton and Mr. Dykes executed the Note and Mortgage “as joint tenants with rights of survivorship” and that the Forbearance Agreement identified Ms. Hutton as a joint obligor. The court thus concluded that Ms. Hutton was jointly liable for the breach of contract claim against the Dykes Estate. The district court partially denied the Dykes Estate summary judgment motion, finding issues remained as to the degree and extent of Ms. Hutton’s “joint liability/indemnity” and the validity of the Forbearance Agreement.

[¶9] The district court conducted a one-day bench trial on September 4, 2024. The sole issue at trial was the degree and extent of Ms. Hutton’s joint liability for the unpaid Balloon Payment and any associated reasonable attorney’s fees, costs, late fees, and interest. Ms. Hutton, Louis Bozzuto (co-owner of SL&L), J. Christopher Dykes, and Michael Dykes all testified at trial.

1 The district court partially denied summary judgment on a breach of fiduciary claim, but this claim was subsequently withdrawn and is not relevant to this appeal.

2 [¶10] After the bench trial and additional filings, the district court entered its decision. The court found, in relevant part, that the Note and Mortgage were executed by Mr. Dykes and Ms. Hutton as joint tenants with rights of survivorship. The court noted that even the Forbearance Agreement between SL&L and Ms. Hutton states that Ms. Hutton is a joint obligor. Additionally, the court found the joint nature of the purchase was further evidenced by Ms. Hutton’s testimony regarding how the payments were made, namely, she stated that money was sent to her “condo’s lawyer for [Ms. Hutton] to take care of bills and insurance and mortgages and whatever else expenses there were.” Ms. Hutton also provided testimony of the joint nature of the obligation, describing how Mr.

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