Smith Keller & Associates v. Dorr

4 P.3d 872, 2000 Wyo. LEXIS 95, 2000 WL 358031
CourtWyoming Supreme Court
DecidedApril 10, 2000
Docket97-367, 98-141, 98-170
StatusPublished
Cited by9 cases

This text of 4 P.3d 872 (Smith Keller & Associates v. Dorr) 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
Smith Keller & Associates v. Dorr, 4 P.3d 872, 2000 Wyo. LEXIS 95, 2000 WL 358031 (Wyo. 2000).

Opinion

THOMAS, Justice.

This case comes before the Court a fourth time on questions that have arisen during the proceedings following our remand of the third case to the district court. Smith, Keller & Associates (SKA) continued their endeavor to recover from Mark Dorr; Barbara Dorr; Stephen Pecha; Steven Bentley; and Steven K. Bentley, P.C. (Dorr faction) the amounts awarded to SKA. Initially, the district court entered an Order Reducing Arbitration Award to Judgment, but subsequent ly the district court entered an Order on Reconsideration vacating the earlier order, primarily because of the appeal of collateral proceedings. The essential issues to be resolved in this appeal are whether the Declaratory Judgment Act was available to SKA to settle the effect of its earlier judgment; the entitlement of SKA to prejudgment interest on the arbitration award; and the effect of the remand by this Court of our most recent decision in this case. This Court is satisfied that declaratory judgment relief was available to SKA, and that the district court had only to enter a judgment for the work in process following the remand of that case. We agree with the district court in its ruling with respect to pre-judgment interest found in its initial Order on Summary Judgment. The Order on Reconsideration is reversed, and the case is remanded to the district court for entry of an appropriate order in accordance with this opinion of the Court.

This statement of the issues is found in the Brief of the Appellants for Case No. 97-867:

Whether the district court erred by failing to substantially comply with the direction, purpose and intent of the Wyoming Supreme Court's opinion and mandate.

This Statement of the Issue is found in the Brief of Appellees for Case No. 97-867:

Did the Supreme Court direct the trial court to enter judgment in favor of SKA in the amount of $105,163.78, plus interest from August 24, 1989, against the individuals of the Dorr faction in addition to af- < firming the trial court's judgment for the work in process amount of $1,451.96?

This statement of the issues is found in the Brief of the Appellant for Case No. 98-141:

Whether the district court erred in determining that Appellant was only entitled to a money judgment of $105,168.78 plus post-judgment interest from and after November 5, 1997.

This Statement of the Issue is found in the Brief of Appellees for Case No. 98-141:

*874 Did the trial court err in ruling that prejudgment interest was not appropriate in this case?

This statement of the issues is found in the Brief of Petitioners for Case No. 98-170:

ISSUE ONE
Was declaratory relief available to SKA and the appropriate remedy in this case?
ISSUE TWO
Did the Supreme Court in Dorr III direct the trial court to enter judgment in favor of SKA in the amount of $105,163.78 plus interest from August 24, 1989, and against the individuals of the Dorr faction?
ISSUE THREE
Did the trial court err in granting summary judgment in favor of SKA?

This statement of the issue is found in the Brief of Respondent for Case No. 98-170:

The district court was appropriate in awarding summary judgment.

In the Reply Brief of Petitioners in Case No. 98-170, this statement of the issues is presented:

ISSUE ONE
Does the statute of limitations bar any further action by SKA?
ISSUE TWO
Do the provisions of Wyoming Statute § 17-21-807 allow for direct imposition of judgment against individual partners?

Because this case is before us for the fourth time, our recitation of the facts need not be extensive. In January 1988, SKA and Dorr & Associates (D & A) formed an accounting partnership called Dorr, Keller, Bentley & Pecha (DKBP). SKA dissolved the DKBP partnership in May 1989, as was its right under the partnership agreement. The parties submitted their dispute to a panel of arbitrators pursuant to provisions of the partnership agreement. - The arbitrators awarded $105,163.78 to SKA in unpaid compensation and damages. D & A subsequently declared a Chapter 11 bankruptey, while the members of the Dorr faction formed new entities and continued in the accounting business. The district court confirmed the award in September of 1990, and the arbitrators issued two additional awards in 1990 and 1994. Additional details can be found in our prior opinions. Dorr, Keller, Bentley & Pecha v. Dorr, Bentley & Pecha, 841 P.2d 811 (Wyo.1992) (Dorr I); Smith, Keller & Associates v. Dorr & Associates, 875 P.2d 1258 (Wyo.1994) (Dorr II); and Pecha v. Smith, Keller & Associates, 942 P.2d 387 (Wyo.1997) (Dorr III).

The first three installments of the case in this Court track SKA's attempts to collect against the Dorr faction. In the first of our decisions, we held that full effect had not been given to the 1989 arbitration award. Dorr I, 841 P.2d at 817. In the second opinion, we held that the arbitration did not terminate the DKBP partnership, and that termination occurs only after dissolution and winding up of the partnership affairs. Dorr II, 875 P.2d at 1266. We further held in Dorr II that SKA was entitled to an award for work in process during the winding up of the DKBP partnership. Id. at 1268. In our third effort to resolve this case, we ruled that each member of the Dorr faction was jointly and severally liable for the first arbitration award, but not the second or third awards. Dorr III, 942 P.2d at 391-92. We also reversed the district court judgment against the Dorr faction for violation of a covenant not to compete because those damages were included in the first arbitration award. Dorr III, 942 P.2d at 392. We then remanded the case to the district court "for the purpose of entering a judgment consistent with [the] opinion.'' Dorr III, 942 P.2d at 392.

It is useful to trace the procedural steps of the parties and the rulings of the district court after we issued our remand of Dorr III on July 14, 1997. Within a few weeks of that order, SKA filed a motion for payment of the appeal bond, while the Dorr faction moved for release of the bond. On August 7, 1997, the district court held a hearing on the motions, and instructed SKA to file a motion to reduce the arbitration award to a judgment and to file a garnishment proceeding against *875 the appeal bond. As instructed, SKA immediately filed a Motion to Reduce Arbitration Award to Judgment, and the district court promptly issued an order granting that relief. SKA next filed the appropriate precipes for writs of garnishment, and the district court responded by issuing the writs of garnishment on August 183 and 14, 1997.

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Bluebook (online)
4 P.3d 872, 2000 Wyo. LEXIS 95, 2000 WL 358031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-keller-associates-v-dorr-wyo-2000.