People v. Meyers

Decision Date19 July 1979
Docket NumberNo. 79CA0531,79CA0531
Citation43 Colo.App. 63,598 P.2d 526
PartiesThe PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas Neil MEYERS, Defendant-Appellant. . I
CourtColorado Court of Appeals

J. D. MacFarlane, Atty. Gen., J. Stephen Phillips, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Thomas Neil Meyers, pro se.

SILVERSTEIN, Judge.

Defendant appealed a county court judgment to the district court, which affirmed. He then filed this appeal. We dismiss the appeal.

Section 13-6-310(1), C.R.S.1973, provides that a final judgment rendered by a county court shall be reviewed by the district court of the judicial district in which the county is located. Further review of such cases may be had only by petition for writ of certiorari to the Supreme Court. Section 13-6-310(4), C.R.S.1973. Furthermore, cases appealed from a county court to a district court are specifically excluded from the jurisdiction of the Court of Appeals. Section 13-4-102(1)(f), C.R.S.1973.

Where the General Assembly has enacted statutes prescribing appellate procedure, this court may not modify the jurisdiction granted it by statute. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448, 468 P.2d 37 (1970). Although § 13-4-110(3), C.R.S.1973, provides that cases filed in the wrong appellate court shall not be dismissed, where, as here, appeal will not lie in either court, the only review being by certiorari, the case must be dismissed for failure to comply with the statutory procedure. People ex rel. City of Aurora v. Smith, 162 Colo. 72, 424 P.2d 772 (1967); Industrial Commission v. Plains Utility Co., 127 Colo. 506, 259 P.2d 282 (1953); Trujillo v. Industrial Commission, 31 Colo.App. 297, 501 P.2d 1344 (1972).

Therefore, the appeal is dismissed.

COYTE and KELLY, JJ., concur.

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10 cases
  • People v. Jones
    • United States
    • Colorado Court of Appeals
    • September 11, 2014
    ...Educ., 881 P.2d 448, 450–51 (Colo.App.1994), and we cannot “modify the jurisdiction granted [us] by statute.” People v. M e yers, 43 Colo.App. 63, 64, 598 P.2d 526, 527 (1979). ¶ 24 Once the legislature establishes a statutory right of judicial review, “such review must be sought in strict ......
  • People ex rel. L.R.B.
    • United States
    • Colorado Court of Appeals
    • May 30, 2019
    ..., 881 P.2d 448, 450-51 (Colo. App. 1994), and we cannot "modify the jurisdiction granted [us] by statute." People v. Meyers , 43 Colo. App. 63, 64, 598 P.2d 526, 527 (1979). ¶ 16 Once the General Assembly establishes a statutory right of judicial review, "such review must be sought in stric......
  • Sutliff v. Sutliff
    • United States
    • Pennsylvania Superior Court
    • April 4, 1985
  • Wilson v. Kennedy
    • United States
    • Colorado Court of Appeals
    • August 13, 2020
    ...85, ¶ 15, ––– P.3d –––– (quoting Holdridge v. Bd. of Educ. , 881 P.2d 448, 450-51 (Colo. App. 1994) ; accord People v. Meyers , 43 Colo. App. 63, 64, 598 P.2d 526, 527 (1979) ). ¶ 7 Thus, "[a] final judgment is a jurisdictional prerequisite to review on appeal." Brody v. Bock , 897 P.2d 769......
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4 books & journal articles
  • Chapter 2 - § 2.2 • SUPREME COURT
    • United States
    • Colorado Bar Association Colorado Appellate Handbook (CBA) Chapter 2 Jurisdiction of the Appellate Courts
    • Invalid date
    ...in the court of appeals may not be transferred to the supreme court and the court of appeals must dismiss the appeal. People v. Meyers, 598 P.2d 526, 527 (Colo. App. 1979). If the court of appeals has initial jurisdiction over an appeal, however, the supreme court nevertheless may assume ju......
  • Chapter 2 - § 2.9 • GIFT TAX CONSIDERATIONS
    • United States
    • Colorado Bar Association Gifts to Minors (CBA) Chapter 2 Colorado Uniform Transfers To Minors Act
    • Invalid date
    ...support obligation. --------Notes:[86] Rev. Rul. 56-86, 1956-1 C.B. 449.[87] Id.; Rev. Rul. 59-357, 1959-2 C.B. 212.[88] In re Wolfert, 598 P.2d at 526. ...
  • Chapter 7 - § 7.11 • REQUESTS FOR TRANSFER (C.R.S. § 13-4-110)
    • United States
    • Colorado Bar Association Colorado Appellate Handbook (CBA) Chapter 7 Commencing An Appeal
    • Invalid date
    ...court has jurisdiction over a proposed appeal, and the only review is by certiorari, the appeal will be dismissed. People v. Meyers, 598 P.2d 526 (Colo. App....
  • Appealable Orders in Family Law
    • United States
    • Colorado Bar Association Colorado Lawyer No. 26-11, November 1997
    • Invalid date
    ...deadlines for filing post-trial motions and notices of appeal.24 NOTES 1. See C.A.R. 52(b). 2. CRS § 13-6-310(4). See People v. Meyers, 598 P.2d 526 (Colo.App. 1979) (an appeal improperly filed in the Court Appeals must be dismissed; it cannot be transferred to the Supreme Court). 3. See C.......

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