United Bank of Denver National Ass'n v. Pierson

Colorado Court of Appeals

United Bank of Denver National Ass'n v. Pierson

661 P.2d 1191, 1982 Colo. App. LEXIS 998

CourtColorado Court of Appeals

DecidedNovember 18, 1982

DocketNo. 82CA0033

StatusPublished

Cited by2 cases

This text of 661 P.2d 1191 (United Bank of Denver National Ass'n v. Pierson) 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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United Bank of Denver National Ass'n v. Pierson, 661 P.2d 1191, 1982 Colo. App. LEXIS 998 (Colo. Ct. App. 1982).

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Opinion

COYTE, Judge.

Third-party-defendant, Mission Denver Co., appeals the judgment of the trial court finding it liable to third-party plaintiff, James R. Pierson, Jr., in the amount of $8,522.94 which is the amount of the judgment entered in favor of plaintiff, United Bank of Denver, against defendant Pierson. We affirm.

The sole issue on appeal is whether the evidence supports the judgment of the trial court. The facts in this case support the findings of the trial court which are therefore binding on us on appeal. Linley v. Hanson, 173 Colo. 239, 477 P.2d 453 (1970). The facts found by the trial court support the conclusion of the court that at the time Pierson executed the lease, he was acting as an agent for Mission Denver Co. as well as the conclusion that the company ratified and accepted the benefits of the lease.

Since this appeal involves only factual determinations and it is not argued that there was no evidence to support them, we deem it frivolous and, in accordance with C.A.R. 38, award damages in the amount of $500 and double costs to appellee.

Judgment affirmed.

PIERCE and KELLY, JJ., concur.

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COYTE, Judge.

Third-party-defendant, Mission Denver Co., appeals the judgment of the trial court finding it liable to third-party plaintiff, James R. Pierson, Jr., in the amount of $8,522.94 which is the amount of the judgment entered in favor of plaintiff, United Bank of Denver, against defendant Pierson. We affirm.

The sole issue on appeal is whether the evidence supports the judgment of the trial court. The facts in this case support the findings of the trial court which are therefore binding on us on appeal. Linley v. Hanson, 173 Colo. 239, 477 P.2d 453 (1970). The facts found by the trial court support the conclusion of the court that at the time Pierson executed the lease, he was acting as an agent for Mission Denver Co. as well as the conclusion that the company ratified and accepted the benefits of the lease.

Since this appeal involves only factual determinations and it is not argued that there was no evidence to support them, we deem it frivolous and, in accordance with C.A.R. 38, award damages in the amount of $500 and double costs to appellee.

Judgment affirmed.

PIERCE and KELLY, JJ., concur.

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661 P.2d 1191, 1982 Colo. App. LEXIS 998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-bank-of-denver-national-assn-v-pierson-coloctapp-1982.

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