Legal Opinion

Wyoming Health Services, Inc. v. Deatherage

Wyoming Supreme Court

Decided May 11, 1989No. 88-178PublishedCited by 11 opinions

1Opinion of the Court

CARDINE, Chief Justice.

Appellant Wyoming Health Services, Inc. settled a medical malpractice claim for $700,000 and then commenced this suit seeking contribution from appellee, Dr. Mark Deatherage, M.D. After successive orders substituting parties, the district court granted summary judgment against Parthenon Insurance Company, an entity that had been dropped as a party. A judgment against a non-party is a nullity. There is no judgment against a party. There is, therefore, no appealable final order.

The appeal is dismissed.

Harley Foust died following treatment at Riverton Memorial Hospital.…

2Cases cited4 opinions

  1. National Maritime Union of America v. CurranDistrict Court, S.D. New York · 1949
  2. United States v. SwinkDistrict Court, E.D. Virginia · 1941
  3. Koontz v. Town of South SuperiorWyoming Supreme Court · 1986
  4. BD. OF ELEC. LIGHT COM'RS OF BURLINGTON v. McCarrenDistrict Court, D. Vermont · 1982

3Cited by11 opinions

  1. Coulthard v. CossairtWyoming Supreme Court · 1990
  2. Venture v. G. C. Wallace Consulting Engineers, Inc.Nevada Supreme Court · 1990
  3. Foster v. WicklundWyoming Supreme Court · 1989
  4. Benjamin M. Snyder v. Laura E. SnyderWyoming Supreme Court · 2021
  5. Spear v. NicholsonWyoming Supreme Court · 1994

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