in Re People in the Interest of Minor Children J.P. (Honorable Justin Haenlein)
This text of in Re People in the Interest of Minor Children J.P. (Honorable Justin Haenlein) (in Re People in the Interest of Minor Children J.P. (Honorable Justin Haenlein)) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Colorado Supreme Court DATE FILED: June 1, 2017 2 East 14th Avenue Denver, CO 80203
Original Proceeding District Court, Weld County, 2015CV30227
In Re
Plaintiffs: Supreme Court Case No: 2017SA32 Wilson Henry Rains, natural father and heir of Tori Rains- Wedan, deceased, and Bjorn John Wedan, natural father and heir of Austin Wedan, Hunter Wedan and Mason Wedan, deceased,
v.
Defendants:
Douglas Barber, personal representative of The Estate of Oliver Ezard Frascona, a/k/a Oliver E. Frascona, a/k/a Oliver Frascano; The Real Estate School, a Colorado LLC; and Joseph B. Lechtanski.
ORDER OF COURT
Upon consideration of the Petition for Rule to Show Cause, the
Respondents’ Answer Brief to the Rule to Show Cause, and the Petitioners’ Reply
filed in the above cause, and now being sufficiently advised in the premises, the
Court orders as follows:
Upon review of the record, we conclude that judgment has not entered on
the jury’s verdict dated April 26, 2016. Because a motion pursuant to C.R.C.P. 59
is premised upon the entry of judgment under C.R.C.P. 58, the trial court lacked authority to grant the Plaintiffs’ Rule 59 Motion for Judgment Notwithstanding the
Verdict and for New Trial.
IT IS ORDERED that the trial court’s Order of July 28, 2016, and the trial
court’s Orders of September 1, 2016, are VACATED. We make our Rule to Show
Cause ABSOLUTE and remand this matter for entry of judgment and further
proceedings consistent with this Order.
BY THE COURT, EN BANC, JUNE 1, 2017.
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