Cortvriendt v. Cortvriendt, 19269
| Decision Date | 08 May 1961 |
| Docket Number | No. 19269,19269 |
| Parties | Jean Esther CORTVRIENDT, Plaintiff in Error, v. Raymond Honrie CORTVRIENDT, Defendant in Error. |
| Court | Colorado Supreme Court |
William D. Holland, Lakewood, for plaintiff in error.
Edward A. Jersin, Denver, for defendant in error.
The parties appear here in the same order as they appeared in the trial court and we will refer to them as they there appeared.
Plaintiff sued defendant for divorce and on May 10, 1957 obtained a non-contested interlocutory decree, in which, inter alia, plaintiff was designated to act as receiver for all properties of the parties. Final decree was entered on November 12, 1957 and on the same day a hearing was commenced on the division of property of the parties. The hearing, not being completed on that date, was continued to November 22, 1957, at which time it was concluded and the trial court entered a written order in connection therewith. The present dispute involves disposition of two items of real property, namely the family home referred to as the Arvada property, and what will be referred to as the Broadway property, such being commercial property located at 2013-2019 South Broadway in Denver. In its order of November 22, 1957 the trial court awarded a 'life estate' in the Arvada property to plaintiff with the 'remainder after said life tenancy' vesting in the minor son of the parties. As to the Broadway property the court decreed that it should be held by plaintiff and defendant as tenants in common. It further ordered that plaintiff continue to act as receiver or manager for the Broadway property and 'account for all income and expenses.' More specifically she was directed to collect the rentals, make the necessary repairs, pay taxes, and the like, the balance of any funds remaining to be equally divided between the parties. Provision was also made in the order for eventual sale of the Broadway property, if deemed advantageous, directing that encumbrances on said property would be paid from the proceeds of any such sale and the balance, or deficiency, equated between the parties.
Sometime prior to October 15, 1958 plaintiff determined that it would be advantageous to sell the Broadway property and to that end engaged a real estate firm to find a purchaser. A buyer was located but defendant refused to join in a conveyance of the property. Faced with this impasse plaintiff by appropriate motion caused a hearing to be held in connection with the proposed sale of the Broadway property. This hearing was held on October 15, 1958. Although a transcript of that hearing is not contained in the record before us, it is agreed, however, that at the conclusion thereof the trial court by order authorized the wife as receiver to sell the Broadway property for $32,000, and to effectuate the transaction directed defendant to execute a quitclaim deed to the premises in favor of the buyer. Additionally the trial court found that the 'net equity of defendant in the above described premises [Broadway property] is $10,018.53', and ordered that plaintiff pay defendant that sum. Neither party moved for a new trial nor made any effort to have this order reviewed by writ of error. Defendant in compliance with the order executed a quitclaim deed to the purchaser of the Broadway property and the sale was consummated for $32,000. Plaintiff, however, failed to pay defendant the sum of $10,018.53 as ordered by the trial court. When defendant sought to enforce the order of October 15, 1958, plaintiff on March 26, 1959 filed two motions in the trial court, one seeking amendment of the order of November 22, 1957 so as to award the Arvada property to the plaintiff in fee simple. This...
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Marriage of Stroud, In re
...under the standards specified in the rule, any order granting such relief is subject to reversal on appeal. See Cortvriendt v. Cortvriendt, 146 Colo. 387, 361 P.2d 767 (1961). Nevertheless, the failure to allege sufficient grounds for relief from a prior judgment does not make the subsequen......
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Peercy v. Peercy
...bring himself within the terms and conditions of this rule. United States v. Borchers, 2 Cir., 163 F.2d 347; see Cortvriendt v. Cortvriendt, 146 Colo. 387, 361 P.2d 767. In this case Mr. Peercy sought to be relieved from the judgment more than six months after its entry. Such attempt was to......
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McNeece v. McNeece
...the court may thereafter alter, amend or vacate such judgment by appropriate motion under C.R.C.P. 59 or 60. Cortvriendt v. Cortvriendt, 146 Colo. 387, 361 P.2d 767. But, a motion for new trial on the grounds of newly-discovered evidence must be made within six months after entry of the jud......
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United Bank of Boulder, N.A. v. Buchanan
...4(a). And, an order denying a C.R.C.P. 60(b) motion is appealable independently of an underlying judgment. See Cortvriendt v. Cortvriendt, 146 Colo. 387, 361 P.2d 767 (1961). Nonetheless, the running of time for filing a notice of appeal is terminated as to all parties by a timely post-tria......
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RULE 59
...alter, amend, or vacate the judgment is by appropriate motion under either this rule or C.R.C.P. 60. Cortvriendt v. Cortvriendt, 146 Colo. 387, 361 P.2d 767 (1961); In re Warner, 719 P.2d 363 (Colo. App. 1986). Plaintiff's motion to reconsider the summary judgment determination must be char......
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COLORADO RULES OF CIVIL PROCEDURE
...alter, amend, or vacate the judgment is by appropriate motion under either this rule or C.R.C.P. 60. Cortvriendt v. Cortvriendt, 146 Colo. 387, 361 P.2d 767 (1961); In re Warner, 719 P.2d 363 (Colo. App. 1986). Plaintiff's motion to reconsider the summary judgment determination must be char......
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Rule 59 MOTIONS FOR POST-TRIAL RELIEF.
...alter, amend, or vacate the judgment is by appropriate motion under either this rule or C.R.C.P. 60. Cortvriendt v. Cortvriendt, 146 Colo. 387, 361 P.2d 767 (1961); In re Warner, 719 P.2d 363 (Colo. App. 1986). Plaintiff's motion to reconsider the summary judgment determination must be char......
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Rule 60 RELIEF FROM JUDGMENT OR ORDER.
...alter, amend, or vacate the judgment is by appropriate motion under either C.R.C.P. 59 or this rule. Cortvriendt v. Cortvriendt, 146 Colo. 387, 361 P.2d 767 (1961). This rule prescribes the conditions upon which the court may relieve a party from a final judgment. Riss v. Air Rental, Inc., ......