Gustke v. The State of Wyoming
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In this appeal, John Gustke (Father) contests a decision by the District Court of Natrona County, Wyoming, which partially denied several motions to set aside the forfeiture of a $100,000 surety bond. The bond was linked to a criminal case involving Father's son, Karl Gustke (Criminal Defendant), who violated his bond conditions and absconded from the state. Father was jointly liable for the bond through a promissory note and indemnity agreement with the surety and surety's insurer. The District Court also denied Father's motion to intervene in the case as a matter of right under Rule 24(a)(2) of the Wyoming Rules of Civil Procedure (W.R.C.P.), without giving notice to Father.
The Supreme Court of Wyoming found that the District Court had erred by not providing Father with notice and a meaningful opportunity to be heard on his motion to intervene. The court reversed the District Court's order denying Father's motion to intervene and remanded the case for a properly noticed hearing and for any further proceedings consistent with this opinion. The Supreme Court did not reach a decision on the remission of the bond, stating that it would be premature given the District Court's error.
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