Ferkovich v. Ferkovich, 17295
| Decision Date | 27 September 1954 |
| Docket Number | No. 17295,17295 |
| Citation | 130 Colo. 228,274 P.2d 602 |
| Parties | Mary Kopine FERKOVICH, Plaintiff in Error, v. Alex FERKOVICH, Defendant in Error. |
| Court | Colorado Supreme Court |
Angelo F. Mosco, Walsenburg, for plaintiff in error.
Frank H. Hall, Trinidad, for defendant in error.
Plaintiff in error, plaintiff in the trial court, by her amended complaint filed December 13, 1949, sought a divorce from defendant and an order awarding her custody of the minor children. April 13, 1949, she filed a petition for relief pendente lite. After a hearing, the trial court granted the petition and ordered defendant to make certain monthly payments for the support and maintenance of plaintiff and the minor children, and payments of an allowance on plaintiff's attorney fees. Three months thereafter plaintiff filed her petition to show cause, and on December 12, 1949, a petition to enforce alimony and maintenance order and to have certain property set over to plaintiff. February 1, 1950, defendant filed his answer and cross complaint, which was a general denial of the allegations of plaintiff's complaint in divorce, and he therein prayed that the property standing in the names of both parties in tenancy in common be sold and the proceeds divided between them. The case was tried March 13, 1950; the trial court entered its judgment dismissing plaintiff's complaint with prejudice; entered a restraining order against defendant from interfering with plaintiff or living in the premises of the parties; and that a former order giving plaintiff custody of the children be continued in full force and effect until further order of the court. The case is still pending on defendant's answer and cross complaint. Thereafter plaintiff petitioned the court for an order requiring defendant to pay court costs and plaintiff's counsel fees. Plaintiff was dissatisfied with the order entered by the trial court and sought a reversal of the judgment in our Court, which on June 11, 1951, affirmed the judgment without written opinion. Ferkovich v. Ferkovich, 124 Colo. 16, 233 P.2d 384.
Without further recitation of the various proceedings, plaintiff filed motion for judgment of the total of $7,046.60, being the amount of the accumulated payments which defendant was ordered to pay for the support of plaintiff and the minor children, which he had failed and refused to pay, and was in default. She also filed a petition for costs and counsel fees for the prosecution of the case in our Court. The trial court denied the motion for judgment and found that it had no jurisdiction to grant the relief prayed for in the petition for costs and counsel fees for plaintiff in the Supreme Court, and entered an order denying the motion.
The trial court was in error in both instances, because the amount for which plaintiff sought judgment was money due and payable under a valid and subsisting order of the trial court and had not been paid and was not canceled by the trial court's dismissal...
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Taylor v. Taylor
...date, becomes a judgment debt similar to any other judgment for money. Burke v. Burke, 127 Colo. 257, 255 P.2d 740; Ferkovich v. Ferkovich, 130 Colo. 228, 274 P.2d 602; Jenner v. Jenner, 138 Colo. 149, 330 P.2d 544; Beardshear v. Beardshear, 143 Colo. 293, 352 P.2d 969. It logically follows......
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Hauck v. Schuck
... ... Burke, 127 Colo. 257, 255 P.2d 740; Ferkovich v. Ferkovich, 130 Colo. 228, 274 P.2d 602; Jenner v. Jenner, 138 Colo. 149, 330 P.2d 544, and our ... ...
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Beardshear v. Beardshear
...rendered since Burke have continued to adhere to its recognition of accrued installments as final judgments. See Ferkovich v. Ferkovich, 130 Colo. 228, 274 P.2d 602; Jenner v. Jenner, 138 Colo. 149, 330 P.2d 544, 545. In Jenner it was 'The husband does not deny owing the amounts for which j......
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People in Interest of G.S. v. W.J.S., 82CA1074
...that such non-support payments may be enforced by a court through entry of judgment, without notice to the obligor. Ferkovich v. Ferkovich, 130 Colo. 228, 274 P.2d 602 (1954); Sauls v. Sauls, 40 Colo.App. 275, 577 P.2d 771 (1977). Action by a court, in the form of an order of entry of judgm......