Zitterkopf v. Roussalis

As has been our frequent wont, we are compelled to call to the attention of appellants, the firmly implanted rule of appellate practice that in the review of a case here on appeal, we must assume that evidence in favor of the successful party is true, leave out of consideration entirely evidence of the unsuccessful party in conflict therewith, and give to the evidence of the successful party every favorable inference which may be reasonably and fairly drawn from it. Tavares v. Horstman, Wyo. 1975, 542 P.2d 1275, 1277, and references there footnoted. Further, when we are not favored with findings of fact and conclusions of law or a memorandum of the trial judge pursuant to Rule 52(a), W.R.C.P., the reviewing court must consider that a judgment carries with it every finding of fact which is supported by the evidence. Hendrickson v. Heinze, Wyo. 1975, 541 P.2d 1133, 1134; School District No. 32 in Fremont County v. Wempen, 1959, 80 Wyo. 311, 321, 342 P.2d 232, 235. A judgment will be affirmed on appeal if sustainable on any legal ground appearing in the record. Heyl v. Heyl, Wyo. 1974, 518 P.2d 28, 30; In re Romer, Wyo. 1968, 436 P.2d 956, 958.