Schmitz v. State, Department of Workforce ServicesAnnotate this Case
The Supreme Court dismissed Appellant’s appeal from the district court’s order dismissing the Wyoming Department of Workforce Services Labor Standards Appeals Division (WFS) from Appellant’s petition for review of a WFS hearing examiner’s decision denying Appellant’s request for damages on his claim that the Wyoming Department of Corrections (DOC) discriminated against him based upon his advanced age. The district court granted WFS’s motion to dismiss, concluding that WFS was not a proper respondent to the petition for review. Several months later, the district court denied Appellant’s motion to amend his petition for review to substitute or join DOC as respondent in the action, ruling that it had no jurisdiction to act on Appellant’s motion to amend because the case was finally resolved upon WFS’s dismissal. On appeal, the Supreme Court concluded that it did not have jurisdiction over this matter because the district court’s order dismissing WFS was final and appealable.