Furer v. Allied Steel Co., 24486
| Citation | 483 P.2d 212,174 Colo. 171 |
| Decision Date | 05 April 1971 |
| Docket Number | No. 24486,24486 |
| Parties | Lieb FURER, Ita Furer, Sam Furer, Max Furer, Plaintiffs in Error, v. ALLIED STEEL COMPANY, Dave C. Hahl, Boulden Partitions, Inc., Langfur Construction Corp., Defendants in Error. |
| Court | Supreme Court of Colorado |
Joseph Furer, Denver, for plaintiffs in error.
Fuller & Evans, Ronald S. Loser, Northcutt & Seccombe, James C. Seccombe, Jr., Denver, for defendants in error.
This action was brought to enforce and foreclose a mechanic's lien. Numerous parties were joined, and there were counterclaims and cross-claims. Trial was to the court, and lasted four days in the first week of September of 1968. The parties were then given 10 days to file summaries of their respective positions, and of their evidence. On March 18, 1969, the trial court entered its findings of fact and conclusions of law, and judgment in favor of the claimants. On April 1, 1969, Furer made a motion for modification, or in the alternative, for a new trial. This motion was heard on June 16, 1969, some minor changes were made, and on August 15 1969, the trial court denied the motion for a new trial. Because of inexcusable delay on the part of Furer's attorney in getting the reporter's transcript before this Court, it was ordered stricken from the record on this writ of error.
Furer contends: (1) That this Court should set aside the findings of fact and conclusions of law made by the trial court because they were not rendered until some six months after trial, (2) that the findings and conclusions are not sufficiently comprehensive to provide a basis for review, (3) that the trial court erred in allowing interest prior to judgment, and (4) that the judgment does not properly reflect the stipulations of the parties. For reasons set forth below, we find no reversible error, and affirm.
Furer first argues that since the trial court took so long in reaching its decision, its memory of what transpired at trial had become vague, and that we must therefore reverse. We have held that the bare fact of delay between trial and judgment is not sufficient to require reversal. Since no transcript of the evidence is before us, we must assume that the findings of fact and conclusions of law are supported by the evidence. See Uptime Corp. v. Colorado Research Corp., 161 Colo. 87, 420 P.2d 232, where the delay was 22 months.
Regarding Furer's second and third allegations, defendant in error, Allied Steel Co., points out...
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...& County of Denver, 129 Colo. 1, 266 P.2d 400 (1954); Freeman v. Cross, 134 Colo. 437, 305 P.2d 759 (1957); Furer v. Allied Steel Co., 174 Colo. 171, 483 P.2d 212 (1971). Where transcript of testimony is not certified to either the court of appeals or to the supreme court, the findings made......
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...& County of Denver, 129 Colo. 1, 266 P.2d 400 (1954); Freeman v. Cross, 134 Colo. 437, 305 P.2d 759 (1957); Furer v. Allied Steel Co., 174 Colo. 171, 483 P.2d 212 (1971). Where transcript of testimony is not certified to either the court of appeals or to the supreme court, the findings made......
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