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Terry v. Sweeney9/6/2000
844 P.2d 1052, 1063 (Wyo. 1992). During jury selection, Sweeney moved for a mistrial, asserting a violation of the court's order with regard to insurance references. The motion was denied. Thereafter, Sprague, as the first witness, recounted a conversation between Terry and Sweeney just subsequent to the vehicle accident as follows:
Chris first asked him what -- what the hell he thought he was doing. Todd was very apologetic, apologizing for hitting us. He kept saying that there was something wrong with the brakes.
And when asked, you know, for any information, all he would say is -- would tell Chris was what his first name was, my name is Todd, but I don't know anything about the insurance; I can't give you that information, and that -- that his father -- (Emphasis added.)
Sweeney again moved for a mistrial on the basis of the reference to insurance coverage. This motion was granted and subsequently memorialized in a written order filed November 6, 1996. On November 19, 1996, Sweeney filed motions requesting costs in the amount of $9,469.80 and sanctions be assessed against the plaintiffs because of the mistrial. A hearing was held December 2, 1996, and the Order Awarding Costs, filed December 3, 1996, reflected in relevant part as follows: " he Court finding that the Defendant's Amended Motion for Costs and Sanctions should be granted based upon Plaintiffs['] violation of the Court's Order on Pending Motions in this case, which violation resulted in the mistrial of the jury trial in the action." (Emphasis added.) And further:
NOW, THEREFORE, IT IS ORDERED that the Defendant's Amended Motion for Costs and Sanctions is hereby granted, and that costs in the total sum of $2,756.70 are hereby awarded in favor of Defendant . . . Sweeney, and against Plaintiffs . . . Terry and . . . Sprague, for Plaintiffs['] violation of the Court's Order on Pending Motions resulting in the mistrial of the jury trial in this case on October 28, 1996; . . . (Emphasis added.)
On December 10, 1996, the plaintiffs filed a Motion to Alter or Amend Order Awarding Costs, asserting that Terry should not be held jointly and severally liable with Sprague for the award because she did not violate the trial court's order. Subsequent to a hearing held March 14, 1997, the court found in its Order on Pending Motions, filed March 18, 1997, as follows:
he Plaintiffs' Motion to Alter or Amend Order Awarding Costs should be denied since the mistrial which resulted in the award of costs and attorney's fees against the Plaintiffs occurred in the presentation of the case in chief being presented (a) on behalf of both Plaintiffs, and (b) in support of the Amended Complaint seeking damages on behalf of both Plaintiffs; . . .
Based on this reasoning, the trial court denied the plaintiffs' Motion to Alter or Amend Order Awarding Costs.
In the next two plus years, multiple motions were filed by the parties requesting respectively that the matter be set for trial or dismissed due to lack of payment of the sanction costs, all of which the trial court denied. At one point, the trial court set a payment deadline for the plaintiffs to pay the ordered costs which was not met. Thereafter, the trial court continued the trial indefinitely pending payment and subsequently set a second and final payment deadline. During these protracted proceedings, the trial court denied the plaintiffs' counsel's request to pay the costs himself. The court made it clear that the plaintiffs were personally responsible for payment of the costs as they were the parties responsible for the mistrial. The plaintiffs also filed a Petition for Writ of Review with this Court on July 7, 1997,
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