Exotex Corp. v. Rinehart

3 P.3d 826 (2000)

EXOTEX CORP., a Nevada corporation, Appellant (Defendant),

v.

James H. RINEHART, d/b/a Western United Realty, Appellee (Plaintiff).

No. 97-234.

Supreme Court of Wyoming.

April 5, 2000.

Representing Appellant: Douglas W. Weaver, Wheatland, Wyoming.

Representing Appellee: Kevin D. Huber of Huber Law Offices, P.C., Laramie, Wyoming.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and TAYLOR,[*] JJ.

THOMAS, Justice.

In this case, we hold that a default judgment entered by a clerk of court pursuant to W.R.C.P. 55(b)(1) is void when the theories of recovery that are pleaded do not permit a…