Matter of Adoption of BBC

849 P.2d 769, 1993 Wyo. LEXIS 68, 1993 WL 94003
CourtWyoming Supreme Court
DecidedApril 2, 1993
DocketC-92-5
StatusPublished
Cited by10 cases

This text of 849 P.2d 769 (Matter of Adoption of BBC) 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
Matter of Adoption of BBC, 849 P.2d 769, 1993 Wyo. LEXIS 68, 1993 WL 94003 (Wyo. 1993).

Opinions

[771]*771GOLDEN, Justice:

Biological father (BDR) appeals from a district court order which: (1) granted guardianship of his son (BBC) to a married couple (BEB and PJB) who previously attempted to adopt BBC, (2) denied BDR any rights of visitation with BBC, and (3) relieved BDR of any child support obligations. This court had reversed a previous district court order, which had permitted BEB and PJB to adopt the child and had terminated BDR’s parental rights. Matter of Adoption of BBC, 831 P.2d 197 (Wyo.1992) (hereinafter BBC I).

We affirm in part and reverse in part.

BDR, appellant, raises the following issues:

A. The primary issue presented for review and determination by this court is:
Did the district court err by failing to follow the mandate of this court in the initial appeal?
B. Additional and included issues are as follows:
1. After the reversal of the adoption and termination of parental rights and remand “... for a timely hearing before the trial court to determine what is now in the best interest and welfare of BBC pertaining to his temporary care, custody and control as well as what are the father’s rights and support obligations in connection therewith.” [D]id the district court err in allowing the filing of an Amended Petition in two counts, one for adoption based on non-support and one for guardianship?
2. Did the district court err in denying Appellant a hearing and an opportunity to present evidence as to present conditions and circumstances affecting Appellant’s and BBC’s interests?
3. Did the district court err in allowing the introduction in this case, after appeal, of a totally new and unrelated issue of guardianship and in granting letters of guardianship without any hearing?
4. Did the district court err in denying Appellant [father], without any hearing, any rights of visitation?
5. Did the district court err in denying Appellant’s [father’s] request for a home study conducted by family services, prior to the determination of the custody and visitation issues?

BACKGROUND

On April 22, 1992, this court issued an opinion from a first appeal in this case. See BBC I. In that opinion, we reversed a district court judgment which had terminated BDR’s parental rights and had granted BEB and PJB adoption of BBC. At the same time, however, we affirmed that part of the district court’s order which had denied the father’s motion for custody. BBC I, 831 P.2d at 202. Because the practical effect of our opinion in BBC I was to leave BBC’s familial existence in a state of suspension, we specifically directed the district court so that BBC’s childhood fate could be expeditiously determined.

Those directions were:

[W]e remand this matter for a timely hearing before the trial court to determine what is now in the best interest and welfare of BBC pertaining to his temporary care, custody, and control, as well as what are the father’s rights and support obligations in connection therewith.

BBC I, 831 P.2d at 202 (emphasis added). After this court denied BEB’s and PJB’s petition for rehearing of BBC I on May 8, 1992, we also issued a mandate to the district court which required “further proceedings in accordance with the opinion.”1

On remand, a volley of motions and petitions were quickly filed by the parties. BDR filed a petition for temporary custody and BEB and PJB filed amended pleadings seeking adoption and parental termination on new grounds or, in the alternative, guardianship of BBC. In addition, BEB and PJB and the biological mother (EC) filed motions for continuances.

[772]*772Evidently, there was a brief hearing concerning the motions for continuances on May 15, 1992. Following that hearing the district court issued an order which (1) vacated a hearing previously set to address BDR’s motion for temporary custody and set a new hearing date, (2) ordered the parties to prepare and file briefs on the issues of parental termination and guardianship, and (3) permitted the parties leave to amend their pleadings.

All the parties filed memoranda addressing the issues designated by the district court. At some point, although the record is not clear, the termination of parental rights issue was dismissed, and a second action was filed in another district judge’s court addressing that issue.2 On June 29, 1992, without any hearing, the district court entered an order granting BEB and PJB full guardianship of BBC and denying BDR any rights of visitation, as well as relieving BDR of any child support obligations. It is from this order which BDR now appeals.

DISCUSSION

STANDARD OF REVIEW

All of the objections raised by BDR concern the broader issue of whether the district court proceeded consistently with our opinion and mandate from BBC I. When this court remands a case, the district court is vested with jurisdiction only to the extent conferred by this court’s opinion and mandate. Potter v. Gilkey, 570 P.2d 449, 454 n. 12 (Wyo.1977). When determining whether a district court has exceeded the scope of its authority granted by this court’s opinion and mandate, we follow a standard of substantial compliance. Sanders v. Gregory, 652 P.2d 25, 26 (Wyo.1982); see also 5B C.J.S. Appeal & Error §§ 1965, 1966 (1958).

On remand from this court, whether a reversal or an affirmance or any combination of the two, the district court must substantially comply with the combined directions, purpose, and intent of this court’s opinion and mandate. An action taken by a district court which fails to substantially comply is the equivalent of proceeding without jurisdiction and is error.

BDR, more specifically, asserts that the district court violated our mandate and opinion when it: permitted leave to amend pleadings, permitted BEB and PJB to file a petition for guardianship of BBC, granted BEB and PJB guardianship without holding another hearing, failed to hold any substantive hearing in accordance with our opinion in BBC I, and denied BDR’s request for a home study by the Department of Family Services (DFS) before determining visitation and custody. Each of these specific objections will be reviewed in light of the enumerated standard of review.

Leave to Amend Pleadings

The general rule, concerning whether amendment of pleadings after remand is permissible, is as follows:

Cases bearing on the amendment of pleadings after remand, where no leave or direction has been granted by the appellate court, generally turn on the question of the power of the lower court, * * * it being held that * * * the question as to whether it shall be allowed in a particular case is committed primarily to the discretion of the lower court, with the exercise of which the appellate court will not interfere, except in the case where there has been a clear abuse of discretion * * *.

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Matter of Adoption of BBC
849 P.2d 769 (Wyoming Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
849 P.2d 769, 1993 Wyo. LEXIS 68, 1993 WL 94003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-adoption-of-bbc-wyo-1993.