Larsen v. Roberts

CARDINE, Justice.

This appeal is from the granting of a summary judgment in a civil action brought to foreclose a mortgage upon real property.

Appellants raise a single issue on appeal: “Whether the District Court may accept affidavits in support of a motion for summary judgment that were not filed contemporaneously with the motion as required by Wyoming Rules of Civil Procedure, Rule 6(d)[ 1 ] and without motion for leave of court for late filing.”

We will affirm in part and reverse in part.

Mr. and Mrs. Larsen executed and delivered to Mr. and Mrs. Roberts a promissory note and mortgage in…