Graus v. Ok Invs., Inc.
Annotate this CasePlaintiffs, individually and on behalf of their children, filed a complaint against Defendants, alleging injury resulting from their rental of a house containing black mold. Defendants made an offer of settlement pursuant to Wyo. R. Civ. P. 68, which Plaintiffs did not accept. Plaintiffs voluntarily dismissed certain claims, and the district court entered judgment as a matter of law for Defendants on the remaining claims. Thereafter, Defendants filed a certificate of costs through which they sought an award of costs pursuant to Wyo. R. Civ. P. 68 and 54(d) and Uniform Rules for District Courts (U.R.D.C.) 501. The district court awarded costs. Plaintiffs appealed, arguing, among other things, that the court erred in awarding costs pursuant to rule 68. The Supreme Court affirmed in part and reversed in part the district court’s award of costs, holding that Rule 68 did not apply to the award of costs in this matter, and that, instead, costs were governed by Rule 54(d).
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