Marriage of Petroff, In re, 82CA0869
| Decision Date | 02 June 1983 |
| Docket Number | No. 82CA0869,82CA0869 |
| Citation | 666 P.2d 1131 |
| Parties | In re the MARRIAGE OF Carol Ann PETROFF, Appellee, and James Petroff, Appellant. . I |
| Court | Colorado Court of Appeals |
Gaddis, Wilbur, Sims & Kaufman, P.C., H. William Sims, Jr., Longmont, for appellee.
Hopp & Associates, P.C., Walter J. Hopp, Longmont, for appellant.
Husband seeks review of the referee's division of property in a dissolution of marriage proceeding. We dismiss the appeal.
A proceeding was held before a referee pursuant to 20th Judicial District Rule 17 and a "request for setting before referee and waiver" (the waiver) signed by both parties and their attorneys. Local Rule 17 provides for referral of certain domestic matters to a referee, and provides further that upon failure to file a motion to have the matter reviewed by the trial court within 10 days, "the order or action of the referee shall be final and shall not be subject to further review by the court." The waiver was apparently authorized by Administrative Order No. 81-7, issued by the then-Chief Judge of the 20th Judicial District, and effective January 1, 1982. The waiver, which follows the language of the Administrative Order, states in part as follows:
(emphasis supplied)
Following the proceeding before the referee, husband filed a motion to alter or amend the referee's decision, which motion was denied. Subsequently, husband filed a notice of appeal from the decree of dissolution entered by the referee on May 5, 1982, and the referee's denial of husband's motion to alter or amend on June 9, 1982. It is undisputed that the referee's rulings were never adopted by the trial court as its own order.
This court has, sua sponte, raised the issue of whether the actions of the referee from which this appeal is taken are final, appealable orders. We conclude that they are not.
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...a recommendation. The referee has no power to enter orders or decrees. In re Debreceni, 663 P.2d 1062 (Colo. App. 1983); In re Petroff, 666 P.2d 1131 (Colo. App. 1983). Until the report is acted on by the court, no legal consequence may be attached to it. In re Debreceni, 663 P.2d 1062 (Col......
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