Reisbeck, LLC v. Levis

2014 COA 167, 342 P.3d 603, 2014 WL 6808643
CourtColorado Court of Appeals
DecidedDecember 4, 2014
DocketCourt of Appeals No. 14CA0188
StatusPublished
Cited by170 cases

This text of 2014 COA 167 (Reisbeck, LLC v. Levis) 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.

Bluebook
Reisbeck, LLC v. Levis, 2014 COA 167, 342 P.3d 603, 2014 WL 6808643 (Colo. Ct. App. 2014).

Opinion

Opinion by

JUDGE HAWTHORNE

1 1 In this quiet title action, plaintiffs, Re-isbeck, LLC, properly known as Reisbeck Subdivision, LLC, a Colorado limited lability company, and Robert A. Jersin, appeal the district court's order denying Reisbeck's motion seeking relief under C.R.C.P. 60(a). We reverse and remand.

I. Facts and Procedural History

T2 Plaintiffs are the record owners of certain real property located in Adams County known as Reisbeck Subdivision (the property). Reisbeck owns an undivided eighty-five percent interest, and Jersin owns an undivided fifteen percent interest in the property.

3 In 1947, defendant, Arthur Reed Levis, obtained a right-of-way across the property for a "rail spur." No rail spur was ever constructed on the property. To clear the record encumbrance created by the right-of-way, Reisbeck's counsel commenced an action under C.R.GC.P. 105 to quiet title to the property in Reisbeck and Jersin against any claims of Levis, his unknown heirs, administrators, or assigns, and all unknown persons claiming any interest in the property. Jersin was joined as an involuntary party plaintiff.1 In the complaint and motions filed with the district court, Reisbeck's counsel erroneously named "Reisbeck, LLC" as a plaintiff in the action. "Reisbeck, LLC" does not exist in Colorado.

¶ 4 Defendants were served by publication. No answers or other responsive pleadings were filed. Reisbeck's counsel moved for entry of default and filed a separate motion for default judgment. The judgment form that counsel submitted to the district court named "Reisbeck, LLC" as plaintiff. The district court granted the motions and entered default judgment in plaintiffs' favor. Based on the form Reisbeck's counsel submitted to it, the court quieted title to the property in Jersin, as to an undivided fifteen percent interest, and purported to quiet title in "Reisbeck, LLC," as to an undivided eighty-five percent interest.

T5 Following the judgment's entry, Reis-beck's counsel discovered that, as a result of his error, the court's judgment did not reflect Reisbeck's true name. Counsel then filed a motion under C.R.C.P. 60(a), seeking relief and requesting that the court amend the judgment and correct the misnomer. The district court denied the motion, stating that "[the request is contrary to the holding in Rainsberger v. Klein, 5 P.3d 351 (Colo.App.1999)."

II. C.R.C.P. 60(2a)

1 6 Plaintiffs contend that the district court abused its discretion by denying Reisbeck's motion for relief under C.R.C.P. 60(a) We agree.

A. Standard of Review

¶ 7 We review a district court's decision concerning the correction of clerical errors under C.R.C.P. 60(a) for an abuse of discretion. In re Marriage of McSoud, 131 P.3d. 1208, 1212 (Colo.App.2006). A district court abuses its discretion when its decisions are manifestly arbitrary, unreasonable, or unfair, or when it misapplies the law. Id.; accord Clubhouse at Fairway Pines, L.L.C. v. Fairway Pines Estates Owners Ass'n, 214 P.3d 451, 456 (Colo.App.2008).

B. Analysis

¶ 8 C.R.C.P. 60(a) provides in relevant part:

Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any [605]*605party and after such notice, if any, as the court orders.

C.R.C.P. 60(a) functions as a safety valve and allows the district court to correct, at any time, an honestly mistaken judgment that does not represent the understanding and expectations of the court and the parties. Reasoner v. Dist. Court, 197 Colo. 516, 517-18, 594 P.2d 1060, 1061 (1979); In re Marriage of Buck, 60 P.3d 788, 789 (Colo.App.2002). Further, the rule applies to clerical mistakes made not only by a clerk, but also to mistakes made by the court and the parties. Alpern v. UtiliCorp United, Inc., 84 F.3d 1525, 1539 (8th Cir.1996) ("Although [Fed.R.Civ.P. 60(a) ] usually applies to errors by the court or clerk, it may also be used to correct mistakes by the parties.").

T9 We are aware of no reported Colorado decision addressing the use of C.R.C.P. 60(3) to correct a misnamed party in a judgment. We therefore look to the federal rules of civil procedure and decisions interpreting these rules for guidance. Garrigan v. Bowen, 243 P.3d 231, 235 (Colo.2010) (because the Colorado Rules of Civil Procedure are patterned on the federal rules, we may look to the federal rules and decisions for guidance).

T10 Numerous federal courts have held their counterpart rule, Fed.R.Civ.P. 60(a), to be an appropriate vehicle for amending a judgment to correct a misnamed party. See, e.g., Fluoro Elec. Corp. v. Branford Assocs., 489 F.2d 320, 323-26 (2d Cir.1973) (judgment entered against Branford Associates, a corporation; the defendant's name was corrected to Branford Associates, a partnership); World Carriers, Inc. v. Bright, 276 F.2d 857 (4th Cir.1960) (judgment entered against Pa-roh Steamship Company; the defendant's name was corrected to Paroh Steamship Corporation); Wheeling Downs Race Track & Gaming Ctr. v. Kovach, 226 F.R.D. 259, 262-63 (N.D.W.Va.2004) (judgment entered in favor of Robert L. Whitlatch; the defendant's name was corrected to Paul A. Kovach); PacifiCorp Capital, Inc. v. Hansen Props., 161 F.R.D. 285, 287-88 (S.D.N.Y.1995) (Judgment entered against Hansen Properties; the defendant's name was corrected to Hansen Properties, Inc.)2

{ 11 Further, at least one state has interpreted its corresponding rule in the same manner. See Labor v. Sun Hill Indus., 48 Mass.App.Ct. 369, 720 N.E.2d 841, 843 (1999) (allowing the plaintiff to substitute its correct name simply described more accurately those who from the outset had been trying to enforce their claim, and it is not fatal that a complaint was not initially filed in the proper party's name or capacity, so long as the action is the one which the plaintiff originally intended to bring).

¶ 12 Under the cireumstances here, we conclude that the district court may correct the judgment under C.R.C.P. 60(a). First, nothing in the record indicates that the error by counsel for Reisbeck was anything other than an honest mistake.

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Bluebook (online)
2014 COA 167, 342 P.3d 603, 2014 WL 6808643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reisbeck-llc-v-levis-coloctapp-2014.