Bender v. Phillips

Appeal from the District Court of Uinta County The Honorable Jere Ryckman, Judge These consolidated appeals involve issues arising after Appellant Donald E. Bender (Bender) and his wife reconciled and dismissed their divorce action. Bender brought suit against the two attorneys who had represented them, Appellees James E. Phillips (Phillips) and John A. Thomas (Thomas). Summary judgment was granted to both Phillips and Thomas on Bender's claims, and Bender was ordered to pay sanctions to Thomas in the amount of $48,864.99. Phillips also sought sanctions against Bender, but the district court denied him that relief. Bender appeals the district court's order, contending that his claims of fraud and collusion were properly pleaded and supported by sufficient evidence to survive summary judgment. He further contends that the order of sanctions in Thomas' favor, granted under Wyo. Stat. Ann. § 1-14-128, must be reversed to comply with our recent decision finding the statute unconstitutional. In a separate appeal, Phillips contends that the district court's order denying his motion for sanctions should be reversed. We affirm the district court's order granting summary judgment on Bender's claims, reverse the order for sanctions against Bender, and remand for further consideration in light of our decision in Squillace v. Kelley, 990 P.2d 457 (Wyo. 1999). We also reverse the denial of Phillips' motion for sanctions and remand for further consideration.