(DOWNLOAD) "Olsten Staffing v. D.A. Stinger" by Supreme Court of the United States # eBook PDF Kindle ePub Free
eBook details
- Title: Olsten Staffing v. D.A. Stinger
- Author : Supreme Court of the United States
- Release Date : January 27, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The sole issue upon which we resolve these cases is whether the trial judge was deprived of jurisdiction under WYO. R. CIV. P. 40.1(b)(1) by a motion for peremptory disqualification. Olsten Staffing Services, Inc. (Olsten) failed to answer the complaint of D.A. Stinger Services, Inc. (Stinger) within twenty days as required by WYO. R. CIV. P. 12(a). On the twenty-third day, counsel for Olsten entered an appearance and, on the twenty-seventh day, Olsten filed an answer and a motion to peremptorily disqualify the judge. In the meantime, counsel for Stinger obtained entry of default on the twenty-first day. Key Bank of Wyoming (Key Bank) also failed to answer within twenty days, suffered a default, and has joined in this consolidated appeal to assert error on the part of the trial judge in refusing to disqualify himself. We hold the fact that Olsten was in default at the time it filed its motion for peremptory disqualification does not foreclose its right to disqualify the judge. So long as that motion was filed with its pleading and within thirty days as required by WYO. R. CIV. P. 40.1(b)(1), the presiding judge was deprived of jurisdiction in the case except for the sole purpose of assigning it to another district judge who was not disqualified. The deprivation of jurisdiction renders void all subsequent action by the court in this case. We reverse these cases and remand them for reassignment according to WYO. R. CIV. P. 40.1(b)(1). At that juncture, the assigned judge will have the authority to address all pleadings subsequent to the motion for peremptory disqualification.
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