Streu v. City of Colorado Springs ex rel. Colorado Springs Utilities

239 P.3d 1264, 2010 Colo. LEXIS 692, 2010 WL 3623162
CourtSupreme Court of Colorado
DecidedSeptember 20, 2010
DocketNo. 09SA251
StatusPublished
Cited by326 cases

This text of 239 P.3d 1264 (Streu v. City of Colorado Springs ex rel. Colorado Springs Utilities) 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.

Bluebook
Streu v. City of Colorado Springs ex rel. Colorado Springs Utilities, 239 P.3d 1264, 2010 Colo. LEXIS 692, 2010 WL 3623162 (Colo. 2010).

Opinion

Justice BENDER

delivered the Opinion of the Court.

In this appeal, applicant Donna Streu asks us to review the water court's decision to dismiss her case for failure to prosecute under Colorado Rules of Civil Procedure 41(b)(2) and 121, section 1-10.1 We hold that the water court did not abuse its discretion when it dismissed Streu's case because, under the circumstances, it did not act in a manifestly arbitrary or unreasonable manner and did not exceed the bounds of its rationally available choices. Hence, we affirm.

I. Facts and Proceedings Below

Streu initially filed a complaint in Lake County District Court seeking to quiet title to certain lands in Lake County, Colorado. She also sought to quiet title to a series of water rights associated with that land. On December 20, 2006 the district court found that the water court had exclusive jurisdiction to determine Streu's water claims and ordered her to file an application in water court within sixty days. The sixty-day period expired on February 18, 2007.

On April 18, 2007, two months after the February 18 deadline, Streu filed this case in water court. Among other things, she sought a decree voiding two previous court [1266]*1266determinations of abandonment.2 Notice of Streu's application was published in May 2007, and twelve parties filed statements of opposition. The water court issued an order establishing the at-issue date as August 14, 2007, and it required the parties to comply with the presumptive case management order set forth in Rule 11(b) of the Uniform Local Rules for all State Water Court Divisions ("Water Court Rules"). Accordingly, the parties had a duty to confer and exchange information by August 29, 2007. On that date, counsel for the opposers attempted to contact Streu but learned that Streu's counsel had changed firms without providing notice or new contact information to the court or to the opposers.

The presumptive case management order then required Streu to submit mandatory disclosures under C.R.C.P. 26(a) by September 13, 2007. Streu submitted her disclosures thirty-three days late, on October 16, 2007. She did not file a motion for extension of time to submit late disclosures, and she failed to explain the reasons for the delay.

After filing these initial disclosures, Streu neither filed any pleadings with the water court nor took any further action with respect to her case for seventeen months. The presumptive case management order required Streu to set a trial date by October 15, 2007 and to submit a certificate of compliance by October 29, 2007.3 Streu did not set the matter for trial, nor did she file a certificate of compliance.

Fifteen months after these deadlines passed, the water court issued a Notice of Dismissal for Failure to Prosecute and ordered Streu to show cause why her application should not be dismissed. The opposers filed motions to support dismissal. Streu filed a short brief opposing dismissal and attached two affidavits. Streu signed the first affidavit. It stated that she filed the initial quiet title action because she thought it would increase the sale value of her property. However, she "never anticipated [that] the cost and fees [of litigation] would keep increasing." Because she had other financial obligations, she therefore decided to sell her property.

Streu explained that it took several months to find a buyer, but she ultimately sold her property and water interests to Central Colorado - Mining and - Recreation, LLC ("CCMR"). An officer for CCMR signed the second affidavit The officer stated that CCMR had purchased Streu's property on July 28, 2008 and had begun researching its rights and claims in this case. The officer stated that this process had taken "considerable time" but that CCMR was ready to litigate the case.

Nineteen months after the court-imposed deadline to set trial had passed, the water court dismissed Streu's case with prejudice. The water court did not make findings of fact or conclusions of law. In her appeal, Streu argues that the water court's dismissal was in error for two reasons. First, she asserts that the water court erred by dismissing her case without making findings of fact or conclusions of law. Second, she argues that the water court abused its discretion by dismissing her case.

H. Rule 41(b) Did Not Require the Water Court to Make Findings of Fact or Conclusions of Law When It Dismissed for Failure to Prosecute

Streu argues that C.R.C.P. 41(b) required the water court to make findings of [1267]*1267fact and conclusions of law when it dismissed her case for failure to prosecute. The rule, however, provides otherwise.

Except as otherwise provided by statute or by the Water Court Rules, the Colorado Rules of Civil Procedure apply to water court proceedings. C.R.C.P. Sla); Cornelius v. River Ridge Ranch Landowners Ass'n, 202 P.3d 564, 569 (Colo.2009). Under Rule 41(b), a water court may dismiss a case for the applicant's failure to prosecute. Cornelius, 202 P.3d at 569 (applying Rule 41(b) in the context of a water case); Lake Meredith Reservoir Co. v. Amity Mut. Irrigation Co., 698 P.2d 1340, 1344-47 (Colo.1985) (same).

Rule 41(b) generally addresses the effects of an involuntary dismissal of a plaintiffs case. - Rule 41(b)(1) addresses dismissals made upon motion by the defendant. Rule 41(b)(2) governs dismissals by the court absent motion by the defendant. Neither subsection requires the trial court to make findings of fact or conclusions of law when it dismisses a case for failure to prosecute.

Rule 41(b)(1) provides that, when a court renders a judgment "on the merits," it shall make findings of fact and conclusions of law according to C.R.C.P. 52(a). See C.R.CP. 4l1(b)(1) ("If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 52(a)."). Unless the court otherwise specifies, a dismissal under Rule 41(b) ordinarily operates as an adjudication on the merits. C.R.C.P. 41(b)(1).

Prior to 1987, Rule 41(b)(1) provided only three exceptions to the principle that dismissals under Rule 41(b) ordinarily operate as adjudications on the merits. The rule stated:

Unless the court in its order for dismissal otherwise specifies, a dismissal under this section (b) and any dismissal not provided for in this Rule, other than a dismissal for lack of jwrisdiction, for failure to add a complaint under Rule 8, or for failure to join a party under Rule 19, operates as an adjudication upon the merits.

C.RCP. 4l(b)(1), C.R.S. (19783) (emphasis added). Dismissals for failure to prosecute were not listed among the exceptions. Accordingly, in a footnote to Lake Meredith Reservoir Co., we concluded that "a dismissal for failure to prosecute under the rule 'operates as an adjudication upon the merits."" 698 P.2d at 1343 n. 4 (quoting C.R.C.P. 41(b)(1), C.R.S. (1978)). Therefore, the old rule required a trial court to make findings of fact and conclusions of law when it dismissed a case for failure to prosecute.

Two years later, however, we amended Rule 41(b)(1) to provide that dismissals for failure to prosecute are not adjudications on the merits See C.R.C.P. 4l(b)(1), C.R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
239 P.3d 1264, 2010 Colo. LEXIS 692, 2010 WL 3623162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/streu-v-city-of-colorado-springs-ex-rel-colorado-springs-utilities-colo-2010.