(Download) "Cauley v. Ponderosa Steak House" by Supreme Court of Wyoming # Book PDF Kindle ePub Free
eBook details
- Title: Cauley v. Ponderosa Steak House
- Author : Supreme Court of Wyoming
- Release Date : January 27, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Ponderosa Steak House appeals a judgment for $2,119.84 plus costs entered in favor of Darnell Cauley by the circuit court in this small claims action. After the court commissioner issued a decision in Cauleys favor awarding him this amount, Cauley timely demanded a trial de novo before the circuit court pursuant to ร§ 799.207(2)(b), Stats., but subsequently withdrew this demand and asked that judgment be entered consistent with the court commissioners decision. Ponderosa objected and filed a motion with the circuit court, arguing that it was entitled to a trial de novo even though it had not requested one, because Cauley had done so. While acknowledging that Ponderosas construction of the statute had arguable merit, the court concluded that the more reasonable interpretation was that Ponderosa was not entitled to a trial de novo because it had not demanded one in the manner prescribed by the statute. The trial court therefore entered judgment consistent with the decision of the court commissioner, at the same time granting Ponderosas motion for a stay pending appeal. We conclude that the circuit court correctly interpreted the statute, and we therefore affirm.