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SWINNEY v. JONES

No. S-07-0176.

199 P.3d 512 (2008)

2008 WY 150

Roger SWINNEY, Carol Swinney, Ra Swinney, LLP, A Colorado Entity, and CE Swinney, LLC, A Wyoming Entity, Appellants (Plaintiffs), v. James E. JONES, III, Lynne A. Lovelace, Laurel Miller Lunstrum, Cathleen A. Jones, Hilltop National Bank as Trustee, R.M. Whalen MD, PC PSP Trust, Aurla J. Welo, Anthony G. Ingram and Robert P. Ingram, Appellees (Defendants).

Supreme Court of Wyoming.

December 17, 2008.

Attorney(s) appearing for the Case

Representing Appellants: John H. Robinson, Jamieson & Robinson, LLC, Casper, Wyoming.

Representing Appellees, James E. Jones, III, Lynne A. Lovelace, Laurel Miller Lunstrum, Cathleen A. Jones and Aurla J. Welo: Kendal Royce Hoopes, Yonkee & Toner, LLP, Sheridan, Wyoming; Peter C. Nicolaysen, Nicolaysen & Wilking, PC, Casper, Wyoming.

Representing Appellees, Anthony G. Ingram and Robert P. Ingram: Douglas R. McLaughlin, Casper, Wyoming; Mary Bell Guthrie, Cheyenne, Wyoming.

Representing Appellee, Hilltop National Bank as Trustee, R.M. Whalen MD, PC PSP Trust: Stuart R. Day, Williams, Porter, Day & Neville, PC, Casper, Wyoming; Argument for all Appellees by Mr. Day.

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

BURKE, Justice.

[¶ 1] Appellants (Sellers) filed suit against Appellees (Buyers) alleging breach of a real estate sales contract. In response, Buyers sought dismissal and judgment on the pleadings asserting that the claims were barred by the applicable statute of limitations. The district court granted the motions. Sellers appeal, contending that the doctrine of equitable estoppel precludes Buyers from asserting the statute of limitations as an affirmative defense...

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