Davidson Chevrolet, Inc. v. City and County of Denver, 18588
| Decision Date | 14 July 1958 |
| Docket Number | No. 18588,18588 |
| Citation | 137 Colo. 575,328 P.2d 377 |
| Parties | DAVIDSON CHEVROLET, Inc., Claude S. Slocum and Josephine G. Slocum, Plaintiffs in Error, v. CITY AND COUNTY OF DENVER, John D. McLucas, as Zoning Administrator of the City and County of Denver, and Donald F. Harter, as Chief Building Inspector of the City and County of Denver, Paul C. Brown, Bettie F. Brown, W. Max Moore, Virginia R. Moore, Leonard Kramer, Naomi C. Kramer, Otto H. Zumwinkle, Essie M. Zumwinkle, Warren B. Scobey, Carolyn K. Scobey, Norman E. Gross, Lillian C. Gross, Ralph Justice Ord, Lucy Margaret Ord, Robert W. Luckadoo, Jean M. Luckadoo, William Francis Robinson, Jr., Ella Frances Robinson, Adam Richard Wasem, James J. Palmer, Gertrude M. Palmer, Robert H. Gottschalk, Elizabeth M. Gottschalk, Harold I. Vessels and Cecelia M. Vessels, Defendants in Error. |
| Court | Colorado Supreme Court |
Leslie A. Gross, George Louis Creamer, Denver, for plaintiffs in error.
John C. Banks, Earl T. Thrasher, Hans W. Johnson, Denver, for defendants in error.
Denver sued out a writ of error, seeking to have reversed and adverse judgment which it suffered in the district court on December 4, 1957. The district court vacated the judgment on January 3, 1958, while the case (Denver v. Davidson Chevrolet, Inc., et al., No. 18497) was pending here on error.
On January 17, 1958, Denver filed its motion to dismiss without prejudice its writ of error. On January 30, 1958, the motion was granted, and on March 3, 1958, remittitur issued out of this court, in part directing 'that the judgment of said District Court stand in full force and effect; and that this cause be remanded to said District Court for such other and further proceedings, according to law, as shall be necessary to the final execution of the judgment of said District Court in the cause, notwithstanding the said writ of error.'
After the judgment was vacated, and on February 25, 1958, the district court proceeded with the trial of the case. At the conclusion of the trial on March 3, 1958, the trial court entered a judgment of dismissal against Davidson Chevrolet, Inc., et al. and in favor of Denver. Davidson Chevrolet, Inc., by its writ of error maintains that the vacation of the judgment and the entry of the judgment of dismissal under these circumstances were acts performed by the trial court at a time when it was without jurisdiction to so do.
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