[DOWNLOAD] "Koch V. District Court" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Koch V. District Court
- Author : Colorado Supreme Court
- Release Date : January 03, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The petitioner, Larry Koch, brought this original proceeding under C.A.R. 21 seeking relief in the nature of mandamus to correct an order issued by the Jefferson County District Court ("the district court") vacating a decree of dissolution of marriage and permanent orders. We issued a rule to show cause why the relief requested should not be granted. We now hold that the district court exceeded its jurisdiction by ordering, sua sponte, a new trial on all issues of this dissolution proceeding because the district court acted outside the time limits mandated by C.R.C.P. 59(c) to initiate such post-trial relief and failed to state adequate grounds for a new trial as required by C.R.C.P. 59(c) and (d). We also hold that under the circumstances of this case, the order vacating the decree of dissolution contravened the finality required by our statutes and case law and constitutes reversible error. Accordingly, we make the rule absolute and direct the district court to reinstate the decree of dissolution and the permanent orders and to rule on the post-trial motions filed by the parties.