Kokesh v. Kokesh
Wyoming Supreme Court
1DissentThomas, Justice
I do not really find fault in the disposition of this case by the majority of the court, but I do feel strongly enough about the fact of disposition that I am compelled to voice my disagreement. This appeal should have been dismissed. It should not have been considered on the merits. In Snell v. Ruppert, Wyo., 541 P.2d 1042, 1047 (1975), this court quoted the general rule as set forth in 4 C.J.S. Appeal and Error § 137a, p. 444, as follows:
“Generally, no appeal or error lies from or to a judgment entered pursuant to the mandate of an appellate court, but an appeal will lie from such judgment…
2Cases cited5 opinions
- Stewart v. SalamonSupreme Court of the United States · 1878
- Snell v. RuppertWyoming Supreme Court · 1975
- Potter v. GilkeyWyoming Supreme Court · 1977
- Scates v. Arizona Corp. CommissionCourt of Appeals of Arizona · 1979
- Gaer v. Bank of BakerMontana Supreme Court · 1942