General Aluminum Corp. v. Arapahoe County Dist. Court
| Decision Date | 15 April 1968 |
| Docket Number | No. 23351,23351 |
| Citation | 165 Colo. 445,439 P.2d 340 |
| Parties | GENERAL ALUMINUM CORPORATION, a Texas corporation, Plaintiff, v. ARAPAHOE COUNTY DISTRICT COURT, Defendant. |
| Court | Colorado Supreme Court |
Gorsuch, Kirgis, Campbell, Walker & Grover, C. E. Eckerman, Denver, for plaintiff.
Reardon, Reardon & Reardon, Denver, for defendant.
This is an original proceeding brought by General Aluminum Corporation (hereinafter called plaintiff), seeking an order requiring the District Court of Arapahoe County to reinstate a default judgment in its favor which that court had vacated. We issued a rule to show cause.
The default judgment in question, in the amount of $30,070.11, was entered October 26, 1967, in an action brought by plaintiff against Kelley Builders Supply, Inc. and William C. Kelley, individually (hereinafter referred to as defendants). On November 17, 1967, the defendants moved to have the judgment set aside under R.C.P.Colo. 60(b). After hearing, the district court entered an order granting defendants' motion, on conditions that Kelley release two deeds of trust and a homestead entered on his property after institution of the suit against him.
Plaintiff brings this proceeding under R.C.P.Colo. 106(a)(4), alleging that the district court exceeded its jurisdiction and abused its discretion in entering the above order. Since the amendment of March 31, 1964 (effective January 12, 1965), Rule 106 applies only to relief sought in the district courts against inferior courts, administrative boards and officials. We shall therefore treat this proceeding as though properly brought under R.C.P.Colo. 116(a), as amended, which provides in pertinent part:
(Emphasis added).
An application to set aside a default judgment under R.C.P.Colo. 60(b) is addressed to the sound discretion of the trial court. White, Green & Addison Associates Inc. v. Monarch Oil & Uranium Corp., 141 Colo. 107, 347 P.2d 135; Riss v. Air...
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Weaver Const. Co. v. District Court In and For El Paso County, 4th Judicial Dist., 27016
...aside judgments. Credit Inv. & Loan Co. v. Guaranty Bank & Trust Co., 166 Colo. 471, 444 P.2d 633 (1968); General Aluminum Corp. v. District Court, 165 Colo. 445, 439 P.2d 340 (1968); Coerber v. Rath, supra; Riss v. Air Rental, Inc., 136 Colo. 216, 315 P.2d 820 (1957). We therefore hold tha......
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Broyles v. Fort Lyon Canal Co.
...matter. An order granting a motion to set aside an order or judgment is not itself a final judgment. General Aluminum Corp. v. District Court, 165 Colo. 445, 439 P.2d 340 (1968); Westerkamp v. Westerkamp, 155 Colo. 534, 395 P.2d 737 (1964); Schtul v. Christ, 132 Colo. 293, 287 P.2d 661 (195......
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Tyler v. Adams County Dept. of Social Services ex rel. Tyler
...neglect that justifies relief from a judgment is left to the discretion of the trial court. General Aluminum Corp. v. Arapahoe County District Court, 165 Colo. 445, 439 P.2d 340 (1968); Johnson v. Johnson, 132 Colo. 236, 287 P.2d 49 (1955). The decision of the trial court will be upheld unl......
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Snow v. District Court In and For City and County of Denver, Second Judicial Dist.
...decision on whether to set aside an entry of default is left to the sound discretion of the trial court. See General Aluminum Corp. v. District Court, 165 Colo. 445, 439 P.2d 340; Dudley v. Keller, 33 Colo.App. 320, 521 P.2d We can detect no abuse of discretion by the trial court in refusin......
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THE COLORADO APPELLATE RULES
...an application to set aside a default judgment is by appeal after final judgment. Gen. Aluminum Corp. v. Arapahoe County Dist. Court, 165 Colo. 445, 439 P.2d 340 (1968). Additur to verdict. An order of the trial court granting additur to verdict of jury, or, if either party elected not to a......
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Rule 55 DEFAULT.
...Loan Co., 153 Colo. 261, 385 P.2d 421 (1963); Coerber v. Rath, 164 Colo. 294, 435 P.2d 228 (1967); Gen. Aluminum Corp. v. District Court, 165 Colo. 445, 439 P.2d 340 (1968); Moskowitz v. Michaels Artists & Eng'r Supplies, Inc., 29 Colo. App. 44, 477 P.2d 465 (1970); Snow v. District Court, ......
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Rule 1 SCOPE OF RULES.
...an application to set aside a default judgment is by appeal after final judgment. Gen. Aluminum Corp. v. Arapahoe County Dist. Court, 165 Colo. 445, 439 P.2d 340 (1968). Additur to verdict. An order of the trial court granting additur to verdict of jury, or, if either party elected not to a......
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Rule 106 FORMS OF WRITS ABOLISHED.
...in the district courts against inferior courts, administrative boards, and officials. Gen. Aluminum Corp. v. Arapahoe County Dist. Court, 165 Colo. 445, 439 P.2d 340 (1968). It does not apply to original proceedings. Lucas v. District Court, 140 Colo. 510, 345 P.2d 1064 (1959). This rule do......