PETER B. KIBBEE v. FIRST INTERSTATE BANK, SHERIDAN, WYOMING, as Trustee of the CHANDLER H. KIBBEE TRUST AGREEMENT dated May 26, 1987, and the MERCEDES K. KIBBEE TRUST AGREEMENT dated May 26, 1987, as amended March 15, 1996, and any subsequent amendments thereto, the SHARON K. LOBO CHARITABLE REMAINDER ANNUITY TRUST dated September 10, 2006, the JOSHUA KIBBEE LOBO CHARITABLE LEAD UNITRUST dated November 2, 2006, the AURORA LOBO CHARITABLE LEAD UNITRUST dated November 2, 2006, the PETER B. KIBBEE CHARITABLE REMAINDER ANNUITY TRUST dated November 2, 2006, and as Co-Personal Representative of the ESTATE OF MERCEDES K. KIBBEE, DECEASED; ROBERT FERRIL, Trustee of the CHANDLER H. KIBBEE TRUST AGREEMENT dated May 26, 1987, and the MERCEDES K. KIBBEE TRUST AGREEMENT dated May 26, 1987, as amended March 15, 1996, and any subsequent amendments thereto; CHANDLER H. KIBBEE AND MERCEDES K. KIBBEE FOUNDATION FOR CHILDREN; SHERIDAN COUNTY YOUNG MEN'S CHRISTIAN ASSOCIATION; SHARON K. DELOBO, individually, and as Co-Personal Representative of the ESTATE OF MERCEDES K. KIBBEE, DECEASED; AURORA LOBO; JOSHUA KIBBEE LOBO; LAURA GALLOWAY; DARRYL KURTZ, SR.; DARRYL KURTZ, JR.; SCOTT STEWART; NADEEN IOTT; HAROLD JOHNSON; and MARY SENE

Case Heading (S-10-0022)
Case Number:	S-10-0022	Case Docketed On:	01/27/2010
Status:	Closed
Original Court:	Fourth Judicial District Sheridan County	Case Type:	Direct Appeal - Civil - Trusts (Title 4)
Short Title:	PETER B. KIBBEE v. FIRST INTERSTATE BANK, SHERIDAN, WYOMING, as Trustee of the CHANDLER H. KIBBEE TRUST AGREEMENT dated May 26, 1987, and the MERCEDES K. KIBBEE TRUST AGREEMENT dated May 26, 1987, as amended March 15, 1996, and any subsequent amendments thereto, the SHARON K. LOBO CHARITABLE REMAINDER ANNUITY TRUST dated September 10, 2006, the JOSHUA KIBBEE LOBO CHARITABLE LEAD UNITRUST dated November 2, 2006, the AURORA LOBO CHARITABLE LEAD UNITRUST dated November 2, 2006, the PETER B. KIBBEE CHARITABLE REMAINDER ANNUITY TRUST dated November 2, 2006, and as Co-Personal Representative of the ESTATE OF MERCEDES K. KIBBEE, DECEASED; ROBERT FERRIL, Trustee of the CHANDLER H. KIBBEE TRUST AGREEMENT dated May 26, 1987, and the MERCEDES K. KIBBEE TRUST AGREEMENT dated May 26, 1987, as amended March 15, 1996, and any subsequent amendments thereto; CHANDLER H. KIBBEE AND MERCEDES K. KIBBEE FOUNDATION FOR CHILDREN; SHERIDAN COUNTY YOUNG MEN'S CHRISTIAN ASSOCIATION; SHARON K. DELOBO, individually, and as Co-Personal Representative of the ESTATE OF MERCEDES K. KIBBEE, DECEASED; AURORA LOBO; JOSHUA KIBBEE LOBO; LAURA GALLOWAY; DARRYL KURTZ, SR.; DARRYL KURTZ, JR.; SCOTT STEWART; NADEEN IOTT; HAROLD JOHNSON; and MARY SENE
Full Title:	PETER B. KIBBEE, Appellant (Plaintiff), v. FIRST INTERSTATE BANK, SHERIDAN, WYOMING, as Trustee of the CHANDLER H. KIBBEE TRUST AGREEMENT dated May 26, 1987, and the MERCEDES K. KIBBEE TRUST AGREEMENT dated May 26, 1987, as amended March 15, 1996, and any subsequent amendments thereto, the SHARON K. LOBO CHARITABLE REMAINDER ANNUITY TRUST dated September 10, 2006, the JOSHUA KIBBEE LOBO CHARITABLE LEAD UNITRUST dated November 2, 2006, the AURORA LOBO CHARITABLE LEAD UNITRUST dated November 2, 2006, the PETER B. KIBBEE CHARITABLE REMAINDER ANNUITY TRUST dated November 2, 2006, and as Co-Personal Representative of the ESTATE OF MERCEDES K. KIBBEE, DECEASED; ROBERT FERRIL, Trustee of the CHANDLER H. KIBBEE TRUST AGREEMENT dated May 26, 1987, and the MERCEDES K. KIBBEE TRUST AGREEMENT dated May 26, 1987, as amended March 15, 1996, and any subsequent amendments thereto; CHANDLER H. KIBBEE AND MERCEDES K. KIBBEE FOUNDATION FOR CHILDREN; SHERIDAN COUNTY YOUNG MEN'S CHRISTIAN ASSOCIATION; SHARON K. DELOBO, individually, and as Co-Personal Representative of the ESTATE OF MERCEDES K. KIBBEE, DECEASED; AURORA LOBO; JOSHUA KIBBEE LOBO; LAURA GALLOWAY; DARRYL KURTZ, SR.; DARRYL KURTZ, JR.; SCOTT STEWART; NADEEN IOTT; HAROLD JOHNSON; and MARY SENE; Appellees (Defendants)

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Docket Information
Filing Date	Document Description	Docket Entry Type	Docket Entry Subtype	Status
01/27/2010	Event - Docketed and indexed	Event	Docketed and indexed	Final
01/27/2010	Notice-Incoming - Record completion notice from district court	Notice-Incoming	Record completion notice from district court	Final
01/27/2010	Fees - Docket fee received	Fees	Docket fee received	Final
01/27/2010	Notice-Outgoing - Docketing letter	Notice-Outgoing	Docketing letter	Final
01/29/2010	Notice-Incoming - Amended index	Notice-Incoming	Amended index	Final
03/12/2010	Brief - Appellant	Brief	Appellant	Final
03/12/2010	Event - Hardcopy received - Brief of Appellant	Event	Hardcopy received	Final
04/01/2010	Notice-Incoming - Amended index	Notice-Incoming	Amended index	Final
04/15/2010	Brief - Appellee - Statement of position in lieu of brief of appellees Lobos.	Brief	Appellee	Final
04/16/2010	Brief - Appellee First Interstate Bank.	Brief	Appellee	Final
04/19/2010	Event - Hardcopy received - Brief of Appellee First Interstate Bank	Event	Hardcopy received	Final
04/19/2010	Event - Hardcopy received - Statement of Position of Appellees, Aurora Lobo and Joshua Kibbee Lobo, In Lieu of Appellee Brief	Event	Hardcopy received	Final
04/27/2010	Brief - Appellee Sharon DeLobo	Brief	Appellee	Final
04/27/2010	Event - Hardcopy received - Brief of Appellee Sharon DeLobo; and received copy of designation of record on appeal.	Event	Hardcopy received	Final
04/28/2010	Brief - Appellee (Counsel unable to e-file brief 04/27/2010 due to system problem, hard copies reflect that date on certificate of service)	Brief	Appellee	Final
04/28/2010	Event - Hardcopy received - Brief of Appellees Chandler H. Kibbee and Mercedes K. Kibbee Foundation for Children, Inc.; Sheridan County Young Men's Christian Association; Laura Galloway; Darryl Kurtz Jr.; Scott Stewart; Nadeen Iott; Harold Johnson; and Mary Sene.	Event	Hardcopy received	Final
04/30/2010	Brief - Failure to file - appellee, Robert Ferril, Trustee	Brief	Failure to file - appellee	Final
05/03/2010	Motion - Other - to take judicial notice or supplement the record.	Motion	Other	Final
05/03/2010	Event - Hardcopy received - Appellant's motion to take judicial notice of complaint filed July 2, 2009 by Sharon De Lobo and/or supplement the record with complaint filed July 2, 2009 by Sharon De Lobo	Event	Hardcopy received	Final
05/04/2010	Brief - Appellant reply	Brief	Appellant reply	Final
05/04/2010	Event - Hardcopy received - Appellant's reply brief	Event	Hardcopy received	Final
05/05/2010	Notice-Outgoing - Request for transmitted record on appeal from District Court Clerk	Notice-Outgoing	Request for transmitted record on appeal	Final
05/07/2010	Order - Oral argument scheduled	Order	Oral argument scheduled	Final
05/07/2010	Response/Objection - Motion (First Interstate Bank)	Response/Objection	Motion	Final
05/10/2010	Event - Hardcopy received - Appellee First Interstate Bank's Response to Appellant's Motion to Take Judicial Notice of Complaint Filed on July 2, 2009 by Sharon De Lobo and/or Supplement the Record with Complaint Filed July 2, 2009 by Sharon De Lobo	Event	Hardcopy received	Final
05/10/2010	Response/Objection - Other - Motion for Judicial Notice (Kibbee Foundation, et al.)	Response/Objection	Other	Final
05/11/2010	Notice-Incoming - Receipt acknowledgment - oral argument setting - Tom C. Toner for appellee First Interstate Bank.	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
05/11/2010	Notice-Incoming - Receipt acknowledgment - oral argument setting - Patrick J. Crank for appellant.	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
05/11/2010	Response/Objection - Motion (Sharon De Lobo)	Response/Objection	Motion	Final
05/11/2010	Notice-Incoming - Record transmittal notice from district court	Notice-Incoming	Record transmittal notice from district court	Final
05/11/2010	Record - Transmitted record on appeal from district court clerk, thirteen volumes. Volumes I-XII, Original Papers; Volume XIII, Transcripts.	Record	Transmitted record on appeal	Final
05/11/2010	Notice-Outgoing - Transmitted record on appeal filed	Notice-Outgoing	Transmitted record on appeal filed	Final
05/12/2010	Event - Hardcopy received - Appellee's YMCA Response and Objection to Judicial Notice and Object to Supplementing the Record	Event	Hardcopy received	Final
05/12/2010	Brief - Appellant reply	Brief	Appellant reply	Final
05/12/2010	Event - Hardcopy received - Appellant's reply to Brief of Sharon De Lobo	Event	Hardcopy received	Final
05/13/2010	Event - Hardcopy received - Objection to Appellant's Motion to Take Judicial Notice of Complaint Filed on July 2, 2009, by Sharon De Lobo and/or Supplement the Record with Complaint Filed July 2, 2009 by Sharon De Lobo	Event	Hardcopy received	Final
05/13/2010	Brief - Appellant reply	Brief	Appellant reply	Final
05/13/2010	Event - Hardcopy received - Appellant's reply to brief of appellee YMCA.	Event	Hardcopy received	Final
05/17/2010	Notice-Incoming - Receipt acknowledgment - oral argument setting Thomas Hogan for appellees Aurora and Joshua Lobo.	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
05/17/2010	Notice-Incoming - Receipt acknowledgment - oral argument setting - Kim Cannon for appellee Sharon DeLobo.	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
05/18/2010	Response/Objection - Motion. Response to appellee's objection to motion to take judicial notice.	Response/Objection	Motion	Final
05/19/2010	Event - Hardcopy received - Appellant's joint reply to appellee's responses to appellant's motion to take judicial notice of complaint filed on July 2, 2009, by Sharon De Lobo and/or supplement the record with complaint filed July 2, 2009 by Sharon De Lobo.	Event	Hardcopy received	Final
05/19/2010	Notice-Incoming - Receipt acknowledgment - oral argument setting - from Dennis Kirven indicating that Timothy Kirven will present argument for appellee YMCA.	Notice-Incoming	Receipt acknowledgment - oral argument setting	Final
05/20/2010	Notice-Incoming - Additional authority	Notice-Incoming	Additional authority	Final
05/20/2010	Event - Hardcopy received - notice of additional authority.	Event	Hardcopy received	Final
05/25/2010	Order - Denying Motion to Take Judicial Notice and Order Denying Motion to Supplement the Record	Order	Deny	Final
06/15/2010	Event - Oral argument presented. Argued before full court (Patrick J. Crank, Greg L. Goddard and Christopher Michael Wages, argument by Mr. Crank for appellant; Kim D. Cannon, Thomas M. Hogan, Timothy Kirven and Tom C. Toner, argument by Messrs. Cannon, Kirven and Toner for appellees) and taken under advisement. Mr. Hogan aligned with appellant.	Event	Oral argument presented	Final
06/15/2010	Notice-Internal - Oral argument notice	Notice-Internal	Oral argument notice	Final
11/05/2010	Opinion - Opinion and journal order affirming, Justice Voigt writing for the Court	Opinion	Opinion and journal order	Final
11/23/2010	Notice-Outgoing - Mandate	Notice-Outgoing	Mandate	Final
11/23/2010	Record - Record returned to district court	Record	Record returned to district court	Final
11/23/2010	Notice-Outgoing - Record return letter	Notice-Outgoing	Record return letter	Final
11/23/2010	Event - Case closed	Event	Case closed	Final
11/29/2010	Service - Certified mail signature return cards - record signed for 11/24/2010.	Service	Certified mail signature return card	Final