Court Jurisdiction, Procedure and Review: Voluntary Motion to Dismiss

摘要

The State of Wyoming brings an action against EOG Resources, Inc. in Laramie County District Court under the Wyoming Royalty Payment Act (WRPA), Wyo. Stat. Ann § 30-5-301, et seq., relating to revenues allegedly due on oil and gas wells located in Laramie County and other counties. EOG moves to dismiss, challenging the Laramie County district court's jurisdiction to hear the matter. Before the issue of jurisdiction under WRPA is decided by the Wyoming Supreme Court in another case, the State files suit under WRPA in district court in three other counties where the wells are located, and moves for a voluntary dismissal of the action filed in Laramie County.' The Laramie County District Court grants the State's motion for voluntary dismissal. EOG appeals, claiming that the trial court's grant of the State's motion for voluntary dismissal without an initial finding that it has subject matter jurisdiction pursuant to WRPA is contrary to law, and that its grant of the State's motion without imposing any curative terms and conditions is an abuse of discretion. Held: affirmed. The Wyoming Supreme Court finds that, given the facts and the nature of the ongoing litigation between the parties on the same subject matter, the trial court's dismissal of the Laramie County action under Wyo. R. Civ. P. 41(a)(2) is proper. The trial court made no operative ruling other man to dismiss the action. While the trial court has the discretion to require plaintiff to compensate EOG for the expense it has been put through, it did not act in an arbitrary and capricious manner in not awarding EOG its attorneys' fees and costs as a condition for dismissal of the Laramie County action.