(Download) "Weeks v. Sigala" by Colorado Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Weeks v. Sigala
- Author : Colorado Court of Appeals
- Release Date : January 06, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Seeking to vacate the judgment under provisions of C.R.C.P. 60(b), defendant filed his affidavit and an affidavit of Lawrence J. Gross, his attorney. Defendant affirmed that upon being served with process, he retained Lawrence J. Gross to represent him and heard nothing further concerning the case until August 11, 1970, when he was advised that judgment had been entered against him. In his affidavit, Lawrence J. Gross affirmed that he had arranged with plaintiffs attorney for an extension of time for defendant to answer the summons and complaint; that on March 12, 1970, he had prepared an answer with a demand for a trial by jury, a letter to the clerk and a check for defendants docket and jury fee; and that he then had prepared these items for mailing. Gross affirmed that he believed the defendant had a defense to plaintiffs claim. After two hearings on the motion to vacate judgment, the court found in its order of October 19, 1970, that there was no satisfactory proof of mistake, inadvertence, surprise, or excusable neglect on the part of Sigala sufficient to vacate the judgment under C.R.C.P. 60(b).