Frontier Materials, Inc. v. City of Boulder

Colorado Court of Appeals

Frontier Materials, Inc. v. City of Boulder

663 P.2d 1065, 1983 Colo. App. LEXIS 841

CourtColorado Court of Appeals

DecidedMay 5, 1983

Docket83CA0180

StatusPublished

Cited by11 cases

This text of 663 P.2d 1065 (Frontier Materials, Inc. v. City of Boulder) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frontier Materials, Inc. v. City of Boulder, 663 P.2d 1065, 1983 Colo. App. LEXIS 841 (Colo. Ct. App. 1983).

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Opinion

ENOCH, Chief Judge.

Plaintiff initiated this action in the trial court pursuant to provisions of the Uniform Arbitration Act of 1975, § 13-22-201, et seq., C.R.S.1973 (1982 Cum.Supp.) (the Act), seeking an order to compel defendant to submit certain claims under dispute to arbitration. The trial court ordered arbitration, and defendant commenced this appeal.

This court issued an order to show cause why the appeal herein should not be dismissed for lack of a final appealable order. Upon consideration of defendant’s response to the show cause order, and for the reasons set out below, we conclude that this appeal is premature and that the order from which this appeal is taken is not final. Accordingly, we dismiss the appeal without prejudice.

Section 13-22-204, C.R.S.1973 (1982 Cum. Supp.) provides in part that a party to an arbitration agreement may apply for an order to compel another party to arbitrate. Section 13-22-221, C.R.S.1973 (1982 Cum. Supp.), entitled “Appeals,” specifies those orders from which an appeal may be taken under the Act. Conspicuously absent from that list is an order by the court compelling the parties to arbitrate. Defendant does not cite, and we are not aware of, any authority which would support the view that such an order is a final appealable order. Cf. Sandefer v. District Court, 635 P.2d 547 (1981) (order compelling arbitration reviewed in Supreme Court by writ of mandamus).

The appeal is dismissed without prejudice.

PIERCE and SILVERSTEIN, * , JJ., concur.

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ENOCH, Chief Judge.

Plaintiff initiated this action in the trial court pursuant to provisions of the Uniform Arbitration Act of 1975, § 13-22-201, et seq., C.R.S.1973 (1982 Cum.Supp.) (the Act), seeking an order to compel defendant to submit certain claims under dispute to arbitration. The trial court ordered arbitration, and defendant commenced this appeal.

This court issued an order to show cause why the appeal herein should not be dismissed for lack of a final appealable order. Upon consideration of defendant’s response to the show cause order, and for the reasons set out below, we conclude that this appeal is premature and that the order from which this appeal is taken is not final. Accordingly, we dismiss the appeal without prejudice.

Section 13-22-204, C.R.S.1973 (1982 Cum. Supp.) provides in part that a party to an arbitration agreement may apply for an order to compel another party to arbitrate. Section 13-22-221, C.R.S.1973 (1982 Cum. Supp.), entitled “Appeals,” specifies those orders from which an appeal may be taken under the Act. Conspicuously absent from that list is an order by the court compelling the parties to arbitrate. Defendant does not cite, and we are not aware of, any authority which would support the view that such an order is a final appealable order. Cf. Sandefer v. District Court, 635 P.2d 547 (1981) (order compelling arbitration reviewed in Supreme Court by writ of mandamus).

The appeal is dismissed without prejudice.

PIERCE and SILVERSTEIN, * , JJ., concur.

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663 P.2d 1065, 1983 Colo. App. LEXIS 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frontier-materials-inc-v-city-of-boulder-coloctapp-1983.

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