Duc Van Le v. Ibarra

843 P.2d 15, 16 Brief Times Rptr. 1956, 1992 Colo. LEXIS 1148, 1992 WL 365744

Opinions

PER CURIAM.

This case has been heard and reviewed by the court. Justice LOHR, Justice QUINN, and Justice KIRSHBAUM favor affirmance of the judgment of the Denver District Court. Due Van Le v. Ibarra, No. 88CV22641 (Aug. 23, 1990). Chief Justice ROVIRA, Justice ERICKSON, and Justice MULLARKEY favor reversal. Justice VOLLACK did not participate.

Accordingly, the judgment of the district court is affirmed by operation of law because of an equally divided court. C.A.R. 35(e).

ORDER OF COURT

Upon consideration of the Petitions for Rehearing filed in the above cause, and now being sufficiently advised in the premises,

IT IS THIS DAY ORDERED that said Petitions for Rehearing shall be, and the same hereby is, DENIED.

ROVIRA, C.J., and ERICKSON and MULLARKEY, JJ., would grant the petitions. ERICKSON, J., dissents to the denial.of the Petitions for Rehearing. VOLLACK, J., does not participate.