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WYOMING NAT. BANK OF GILLETTE v. DAVIS

No. 88-270.

770 P.2d 215 (1989)

WYOMING NATIONAL BANK OF GILLETTE, f/k/a Norwest Bank of Gillette, N.A., Appellant (Plaintiff), v. Jamie Sue DAVIS; Marshall G. Davis; Sharon Miller; United States of America as the Internal Revenue Service; and WHC, Inc., Appellees (Defendants).

Supreme Court of Wyoming.

March 6, 1989.

Attorney(s) appearing for the Case

Thomas E. Lubnau, II, Gillette, for appellant.

Paul J. Drew, Gillette, for appellee Jamie Sue Davis.

Don M. Empfield, Gillette, for appellee Sharon Miller.

U.S. Dept. of Justice, Washington, D.C., Gary R. Allen, William S. Rose, Jr., David English Carmack, Thomas R. Lamons, and Richard Allen Stacy, U.S. Atty., Dist. of Wyoming, Cheyenne.

Before THOMAS, URBIGKIT, MACY and GOLDEN, JJ., and ROONEY, J., Retired.

GOLDEN, Justice.

The question presented in this appeal, which involves a priority dispute between competing lien creditors, is whether the trial court may enter a nunc pro tunc order in the succeeding spring term of court which purports to amend its preceding fall term of court judgment against a partnership so as to make the partners as individuals liable for the judgment and, thus, give priority to the judgment lien creditor.

We reverse.

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