presence violation (Wyoming) · Go Syfert
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presence violation in Wyoming

47 Wyoming opinions name it 1 courts 1936–2025 5 in the last five years

The cases below were cited by Wyoming courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (21)

CaseFollowedCited
Reavis v. Reavisgreen
wyo · 1998 · cited in 17 Wyoming opinions naming this issue, 2001–2011
2 sentences

2005The determination of the best interests of the child is a question for the trier of fact. ‘We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.’ Fink [v. Fink], 685 P.2d [34,] 36 [ (Wyo.1984) ].” Reavis v. Reavis, 955 P.2d 428, 431 (Wyo.1998) (some citations omitted).

2005We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.’ Fink [v. Fink], 685 P.2d [34,] 36 [(Wyo.1984)].” Reavis v. Reavis, 955 P.2d 428, 431 (Wyo.1998)....

1717
Resor v. Resorgreen
wyo · 1999 · cited in 10 Wyoming opinions naming this issue, 2005–2012
2 sentences

2012Id. (quoting Resor v. Resor, 987 P.2d 146, 148 (Wyo.1999)).

2011Resor v. Resor, 987 P.2d 146, 148 (Wyo.1999), quoting Reavis v. Reavis, 955 P.2d 428, 431 (Wyo.1998).

1010
Pinther v. Pinthergreen
wyo · 1995 · cited in 2 Wyoming opinions naming this issue, 2007–2014
2 sentences

2014A court does not abuse its discretion unless it acts in a manner which exceeds the bounds of reason under the circumstances. - Pinther v. Pinther, 888 P.2d 1250, 1252 (Wyo.1995) (quoting Dowdy v. Dowdy, 864 P.2d 489 , 440 (Wyo.1998)).

2007A court does not abuse its discretion unless it acts in a manner which exceeds the bounds of reason under the circumstances. - Pinther v. Pinther, 888 P2d 1250, 1252 (Wyo.1995) (quoting Dowdy v. Dowdy, 864 P.2d 489 , 440 (Wyo.1998)).

22
Bradshaw v. Nicolaygreen
coloctapp · 1988 · cited in 2 Wyoming opinions naming this issue, 1994–1994
2 sentences

1994See, e.g., Lund v. Caple, 100 Wash.2d 739 , 675 P.2d 226, 229 (1984) (en banc); and Bradshaw v. Nicolay, 765 P.2d 630, 632 (Colo.Ct.App.1988).

1994See, e.g., Lund v. Caple, 100 Wash.2d 739 , 675 P.2d 226, 229 (1984) (en banc); and Bradshaw v. Nicolay, 765 P.2d 630, 632 (Colo.Ct.App.1988).

22
Lund v. Caplegreen
wash · 1984 · cited in 2 Wyoming opinions naming this issue, 1994–1994
2 sentences

1994See, e.g., Lund v. Caple, 100 Wash.2d 739 , 675 P.2d 226, 229 (1984) (en banc); and Bradshaw v. Nicolay, 765 P.2d 630, 632 (Colo.Ct.App.1988).

1994See, e.g., Lund v. Caple, 100 Wash.2d 739 , 675 P.2d 226, 229 (1984) (en banc); and Bradshaw v. Nicolay, 765 P.2d 630, 632 (Colo.Ct.App.1988).

22
Daniel L. Stevens v. Kacie J. Stevensgreen
wyo · 2014 · cited in 3 Wyoming opinions naming this issue, 2015–2018
2 sentences

2018We will not overturn a district court's decision "unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle." Id ."To determine whether a district court has abused its discretion, we must rely on the district court's articulation of the factors which were considered and how those factors support its conclusions." IC v. DW , 2015 WY 135 , ¶ 12, 360 P.3d 999 , 1004 (Wyo. 2015) (quoting Stevens v. Stevens , 2014 WY 23 , ¶ 26, 318 P.3d 802 , 811 (Wyo. 2014) ).

2018We "do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle." Stevens , ¶ 8, 318 P.3d at 805 (quoting Fink v. Fink , 685 P.2d 34 , 36 (Wyo. 1984) ). [¶12] Mother challenges the sufficiency and weight of the evidentiary findings, to some degree, in every issue presented by her on appeal.

13
FH v. State (In re Interest of ECH)green
wyo · 2018 · cited in 2 Wyoming opinions naming this issue, 2018–2021
2 sentences

2021See Interest of VS, 2018 WY 119 , ¶ 32, 429 P.3d 14, 23 (Wyo. 2018); see also Interest of ECH, 2018 WY 83 , ¶ 44, 423 P.3d 295, 307-08 (Wyo. 2018) (interpreting meaning of “presence” as used in § 14-3-415(a)).

2018We discussed the presence requirement in FH, ¶¶ 42-46, 423 P.3d at 307 -09 , which was decided after the briefing in this case had concluded.

12
Meehan-Greer v. Greergreen
wyo · 2018 · cited in 2 Wyoming opinions naming this issue, 2020–2021
2 sentences

2021We will not “overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.” Kidd v. Jacobson, 2020 WY 64, ¶ 13 , 463 P.3d 795 , 798 (Wyo. 2020) (quoting Meehan-Greer v. Greer, 2018 WY 39 , ¶ 14, 415 P.3d 274 , 278–79 (Wyo. 2018)).

2021We will not “overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.” Kidd v. Jacobson, 2020 WY 64, ¶ 13 , 463 P.3d 795 , 798 (Wyo. 2020) (quoting Meehan-Greer v. Greer, 2018 WY 39 , ¶ 14, 415 P.3d 274 , 278–79 (Wyo. 2018)).

12
Testerman v. Testermangreen
wyo · 2008 · cited in 2 Wyoming opinions naming this issue, 2010–2012
2 sentences

2012Id. (quoting Resor v. Resor, 987 P.2d 146, 148 (Wyo.1999)).

2010Pace v. Pace, 2001 WY 43, ¶ 9 , 22 P.3d 861, 865 (Wyo.2001) (quoting Reavis v. Reavis, 955 P.2d 428, 431 (Wyo.1998)); Testerman v. Testerman, 2008 WY 112, ¶ 8 , 193 P.3d 1141, 1144 (Wyo.2008).

12
Benjamin Greer Marquis v. Laura Ann Marquis n/k/a Laura Ann Fausettgreen
wyo · 2020 · cited in 1 Wyoming opinions naming this issue, 2025–2025
2 sentences

2025We will not overturn a district court’s child support decision “unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.” Corbitt, ¶ 12, 532 P.3d at 663 (quoting Marquis v. Marquis, 2020 WY 141, ¶ 20 , 476 P.3d 212, 218 (Wyo. 2020)).

2025We will not overturn a district court’s child support decision “unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.” Corbitt, ¶ 12, 532 P.3d at 663 (quoting Marquis v. Marquis, 2020 WY 141, ¶ 20 , 476 P.3d 212, 218 (Wyo. 2020)).

11
Nichelle Ann Tucker n/k/a Nichelle Ann Joiner v. Lelon Thomas Tuckergreen
wyo · 2022 · cited in 1 Wyoming opinions naming this issue, 2023–2023
1 sentence

2023Tucker, ¶ 23, 505 P.3d at 203 (citation omitted).

11
JA v. Stategreen
wyo · 2008 · cited in 1 Wyoming opinions naming this issue, 2021–2021
2 sentences

2021Id.; see also In re DSB, 2008 WY 15, ¶¶ 19-20 , 176 P.3d 633, 638 (Wyo. 2008) (holding that failure to adjudicate within 90-day statutory deadline did not deprive juvenile court of jurisdiction). [¶60] Like the statutory adjudication deadlines at issue in MFB and DSB, Wyo. Stat. Ann. § 14-3-415 (a) contains no sanctions for a juvenile court’s failure to insure a parent’s presence at a hearing.

2021Id.; see also In re DSB, 2008 WY 15, ¶¶ 19-20 , 176 P.3d 633, 638 (Wyo. 2008) (holding that failure to adjudicate within 90-day statutory deadline did not deprive juvenile court of jurisdiction). [¶60] Like the statutory adjudication deadlines at issue in MFB and DSB, Wyo. Stat. Ann. § 14-3-415 (a) contains no sanctions for a juvenile court’s failure to insure a parent’s presence at a hearing.

11
Dorr v. Newmangreen
wyo · 1990 · cited in 1 Wyoming opinions naming this issue, 2021–2021
1 sentence

2021Id. (quoting Dorr v. Newman, 785 P.2d 1172, 1178 (Wyo. 1990)); see also Johnson v. Johnson, 2020 WY 18, ¶ 10 , 458 P.3d 27, 32 (Wyo. 2020) (“We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.”) (citation omitted).

11
GS v. State (In re Interest of VS)green
wyo · 2018 · cited in 1 Wyoming opinions naming this issue, 2021–2021
1 sentence

2021See Interest of VS, 2018 WY 119 , ¶ 32, 429 P.3d 14, 23 (Wyo. 2018); see also Interest of ECH, 2018 WY 83 , ¶ 44, 423 P.3d 295, 307-08 (Wyo. 2018) (interpreting meaning of “presence” as used in § 14-3-415(a)).

11
Andrew P. Johnson v. Katie L. Johnsongreen
wyo · 2020 · cited in 1 Wyoming opinions naming this issue, 2021–2021
2 sentences

2021Id. (quoting Dorr v. Newman, 785 P.2d 1172, 1178 (Wyo. 1990)); see also Johnson v. Johnson, 2020 WY 18, ¶ 10 , 458 P.3d 27, 32 (Wyo. 2020) (“We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.”) (citation omitted).

2021Id. (quoting Dorr v. Newman, 785 P.2d 1172, 1178 (Wyo. 1990)); see also Johnson v. Johnson, 2020 WY 18, ¶ 10 , 458 P.3d 27, 32 (Wyo. 2020) (“We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.”) (citation omitted).

11
Gurney v. Gurneygreen
wyo · 1995 · cited in 1 Wyoming opinions naming this issue, 2018–2018
1 sentence

2018Scherer, 931 P.2d at 254 ; Rowan v. Rowan, 786 P.2d 886 , 890 (Wyo.1990) ; see also Gurney v. Gurney, 899 P.2d 52 , 55 (Wyo.1995) ; and Fink v. Fink, 685 P.2d 34 , 36 (Wyo.1984)...."We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle." Fink, 685 P.2d at 36 .

11
Smith v. Neikirkgreen
kyctapp · 1977 · cited in 1 Wyoming opinions naming this issue, 2016–2016
1 sentence

2016Id.; see also Smith v. Neikirk, 548 S.W.2d 156, 158 (Ky. Ct. App. 1977) (“The record of testimony indicates that witness Runk was within the presence of the testator and the other witnesses at all times.

11
Pahl v. Pahlgreen
wyo · 2004 · cited in 1 Wyoming opinions naming this issue, 2015–2015
11
Pace v. Pacered
wyo · 2001 · cited in 1 Wyoming opinions naming this issue, 2010–2010
11
Vaughn v. Stategreen
wyo · 1998 · cited in 1 Wyoming opinions naming this issue, 2001–2001
11
Fox v. Foxgreen
wyo · 1956 · cited in 1 Wyoming opinions naming this issue, 1960–1960
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
Fink v. Fink green
wyo · 1984
2 sentences

2018"We do not overturn the decision *279 of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle." Fink, 685 P.2d at 36 .

2018We "do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle." Stevens , ¶ 8, 318 P.3d at 805 (quoting Fink v. Fink , 685 P.2d 34 , 36 (Wyo. 1984) ). [¶12] Mother challenges the sufficiency and weight of the evidentiary findings, to some degree, in every issue presented by her on appeal.

121997–2018
Aimee V. Kidd F/K/A Aimee V. Jacobson v. Matthew T. Jacobson green
wyo · 2020
2 sentences

2023“We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.” Marquis, ¶ 20, 476 P.2d at 218 (quoting Kidd v. Jacobson, 2020 WY 64, ¶ 13 , 463 P.3d 795 , 798 (Wyo. 2020)). [¶13] The first step the court takes in calculating child support is determining the parties’ monthly incomes and net monthly incomes.

2023“We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.” Marquis, ¶ 20, 476 P.2d at 218 (quoting Kidd v. Jacobson, 2020 WY 64, ¶ 13 , 463 P.3d 795 , 798 (Wyo. 2020)). [¶13] The first step the court takes in calculating child support is determining the parties’ monthly incomes and net monthly incomes.

22021–2023
Sims v. General Motors Corp. green
wyo · 1988
2 sentences

1994The defendant must have been negligent and his negligence must be the proximate cause of the plaintiff's mental injuries.'" 751 P.2d at 366 (quoting Gates, 719 P.2d at 200-01 ) (emphasis in original and some emphasis omitted).

1994The defendant must have been negligent and his negligence must be the proximate cause of the plaintiffs mental injuries.’ ” 751 P.2d at 366 (quoting Gates, 719 P.2d at 200-01 ) (emphasis in original and some emphasis omitted).

21994–1994
Foster v. Trentham's Inc. green
tned · 1978
2 sentences

1994The court considered the fact that the outrageous conduct had occurred in the wife's home and the continuing nature of the outrageous conduct in holding that the presence requirement had been satisfied for the purposes of a motion to dismiss. 458 F.Supp. at 1384 .

1994The court considered the fact that the outrageous conduct had occurred in the wife’s home and the continuing nature of the outrageous conduct in holding that the presence requirement had been satisfied for the purposes of a motion to dismiss. 458 F.Supp. at 1384 .

21994–1994
Pearsall v. Emhart Industries, Inc. green
paed · 1984
2 sentences

1994A federal district court in Pennsylvania held that the presence requirement for negligent infliction of emotional distress was satisfied when the plaintiff witnessed the bodies of her family after they had been pulled from the burning house. 599 F.Supp. at 212 .

1994A federal district court in Pennsylvania held that the presence requirement for negligent infliction of emotional distress was satisfied when the plaintiff witnessed the bodies of her family after they had been pulled from the burning house. 599 F.Supp. at 212 .

21994–1994
Gates v. Richardson green
wyo · 1986
2 sentences

1994The defendant must have been negligent and his negligence must be the proximate cause of the plaintiff's mental injuries.'" 751 P.2d at 366 (quoting Gates, 719 P.2d at 200-01 ) (emphasis in original and some emphasis omitted).

1994The defendant must have been negligent and his negligence must be the proximate cause of the plaintiffs mental injuries.’ ” 751 P.2d at 366 (quoting Gates, 719 P.2d at 200-01 ) (emphasis in original and some emphasis omitted).

21994–1994
Mary Elizabeth Corbitt F/K/A Mary Elizabeth Davidson v. Michael Aaron Davidson green
wyo · 2023
1 sentence

2025We will not overturn a district court’s child support decision “unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.” Corbitt, ¶ 12, 532 P.3d at 663 (quoting Marquis v. Marquis, 2020 WY 141, ¶ 20 , 476 P.3d 212, 218 (Wyo. 2020)).

12025–2025
Jacobson v. Kidd green
wyo · 2018
1 sentence

2021We will not “overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.” Kidd v. Jacobson, 2020 WY 64, ¶ 13 , 463 P.3d 795 , 798 (Wyo. 2020) (quoting Meehan-Greer v. Greer, 2018 WY 39 , ¶ 14, 415 P.3d 274 , 278–79 (Wyo. 2018)).

12021–2021
Aaron C. Linden v. Mary C. Linden, n/k/a/ Mary C. Eliason green
wyo · 2020
1 sentence

2021Id. (quoting Dorr v. Newman, 785 P.2d 1172, 1178 (Wyo. 1990)); see also Johnson v. Johnson, 2020 WY 18, ¶ 10 , 458 P.3d 27, 32 (Wyo. 2020) (“We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.”) (citation omitted).

12021–2021
Jones v. Jones green
wyo · 1993
1 sentence

2018"Findings of fact not supported by the evidence, contrary to the evidence, or against the great weight of the evidence cannot be sustained." Id. (quoting Jones v. Jones , 858 P.2d 289 , 291 (Wyo. 1993) ).

12018–2018
Scherer v. Scherer green
wyo · 1997
1 sentence

2018Scherer, 931 P.2d at 254 ; Rowan v. Rowan, 786 P.2d 886 , 890 (Wyo.1990) ; see also Gurney v. Gurney, 899 P.2d 52 , 55 (Wyo.1995) ; and Fink v. Fink, 685 P.2d 34 , 36 (Wyo.1984)...."We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle." Fink, 685 P.2d at 36 .

12018–2018
IC v. DW green
wyo · 2015
2 sentences

2018We will not overturn a district court's decision "unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle." Id ."To determine whether a district court has abused its discretion, we must rely on the district court's articulation of the factors which were considered and how those factors support its conclusions." IC v. DW , 2015 WY 135 , ¶ 12, 360 P.3d 999 , 1004 (Wyo. 2015) (quoting Stevens v. Stevens , 2014 WY 23 , ¶ 26, 318 P.3d 802 , 811 (Wyo. 2014) ).

2018We will not overturn a district court's decision "unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle." Id ."To determine whether a district court has abused its discretion, we must rely on the district court's articulation of the factors which were considered and how those factors support its conclusions." IC v. DW , 2015 WY 135 , ¶ 12, 360 P.3d 999 , 1004 (Wyo. 2015) (quoting Stevens v. Stevens , 2014 WY 23 , ¶ 26, 318 P.3d 802 , 811 (Wyo. 2014) ).

12018–2018
Rowan v. Rowan green
wyo · 1990
1 sentence

2018Scherer, 931 P.2d at 254 ; Rowan v. Rowan, 786 P.2d 886 , 890 (Wyo.1990) ; see also Gurney v. Gurney, 899 P.2d 52 , 55 (Wyo.1995) ; and Fink v. Fink, 685 P.2d 34 , 36 (Wyo.1984)...."We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle." Fink, 685 P.2d at 36 .

12018–2018
R.D. v. W.H. green
wyo · 1994
12002–2002
Gill v. Gill green
wyo · 1961
11984–1984
Quenzer v. Quenzer green
scotus · 1983
11984–1984
Ayling v. Ayling green
wyo · 1983
11984–1984
Quenzer v. Quenzer green
wyo · 1982
11984–1984
City of Oxnard v. Bellah neutral
calctapp · 1913
11936–1936

Statutes the citing opinions construe

WY § Wyo. Stat. § 20-2-201 (21) WY § Wyo. Stat. § 20-2-204 (7) WY § Wyo. Stat. § 20-2-304 (5) WY § Wyo. Stat. § 14-2-401 (4) WY § Wyo. Stat. § 20-2-303 (4) WY § Wyo. Stat. § 20-2-307 (4) WY § Wyo. Stat. § 20-2-114 (3) WY § Wyo. Stat. § 20-2-202 (3) WY § Wyo. Stat. § 20-2-308 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 172 (1889–2026) NY 128 (1858–2026) IL 119 (1899–2026) TX 113 (1901–2026) AL 97 (1845–2010) PA 85 (1896–2025) MO 63 (1867–2025) GA 58 (1894–2021) WA 56 (1901–2023) WY 47 (1936–2025) TN 41 (1948–2024) IN 40 (1872–2018) LA 36 (1915–2015) NC 33 (1881–2024) OH 32 (1881–2025) KS 32 (1896–2026) MI 32 (1911–2025) MS 31 (1909–2022) NJ 31 (1945–2026) CT 30 (1939–2025) KY 29 (1917–2025) CO 29 (1904–2024) FL 28 (1952–2026) NM 28 (1946–2022) MA 28 (1873–2026) VA 26 (1795–2023) OK 24 (1911–2015) OR 24 (1893–2025) MN 23 (1924–2018) AR 23 (1916–2024) DC 21 (1973–2019) ID 20 (1920–2022) WI 20 (1923–2024) IA 18 (1869–2023) MD 17 (1933–2014) WV 14 (1981–2021) MT 14 (1924–2026) VT 13 (1904–2026) RI 13 (1973–2014) ME 13 (1925–2019) AZ 11 (1920–2009) DE 11 (1981–2025) NE 10 (1905–2020) UT 7 (1985–2024) AK 7 (1972–2019) SD 6 (1913–2013) ND 6 (1971–2023) HI 5 (1977–2021) SC 5 (1926–2016) PR 4 (1918–1966) NV 4 (1891–2021) NH 3 (1951–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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