DANIELS v. CARPENTER

No. 01-224.

62 P.3d 555 (2003)

2003 WY 11

Kenneth Wayland DANIELS, individually and by and through his parent and guardian, Cynthia Rice, Appellants (Plaintiffs), v. Marilyn and David CARPENTER, Appellees (Defendants).

Supreme Court of Wyoming.

January 28, 2003.


Attorney(s) appearing for the Case

Richard K. Blundell of the Law Office of Richard K. Blundell, Greeley, Colorado; and Tom Sedar, Casper, Wyoming, Representing Appellants.

S.B. Freeman, III of Bormuth & Freeman, LC, Cody, Wyoming, Representing Appellees.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.


VOIGT, Justice.

[¶ 1] This is an appeal from the district court's dismissal of the appellant's complaint for failure to state a claim upon which relief can be granted and its denial of appellant's motion for leave to amend the complaint. We affirm the dismissal because the complaint did not allege facts that would entitle the appellant to relief. We affirm the denial because the appellant did not support his oral motion with facts justifying amendment.

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