HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 173 - ORDER OF THE COURTColorado Court of Appeals
2 East 14th Avenue
Denver, CO 80203
Larimer County
2018CV149
Plaintiff-Appellant:
Eric Sutherland,
v.
Defendants-Appellees:
City of Fort Collins, a home rule municipality in the State of
Colorado; Steve Miller, Larimer County Assessor; Irene
Josey, Larimer County Treasurer; Timnath Development
Authority, Urban Renewal Authority; and Compass Mortgage
Corporation, an Alabama company doing business in
Colorado.
Court of Appeals Case
Number:
2019CA800
ORDER OF THE COURT
To: All Parties
Upon consideration of appellant’s December 13, 2019 motion for
reconsideration of this Court’s order of November 8, 2019 or in the alternative for
an extension of time to obtain C.R.C.P. 54(b) certification, and appellees’ response
thereto, the Court DENIES the motion. On November 8, 2019, this Court deferred
further ruling on its August 28, 2019, Order to Show Cause, and ordered appellant
to provide either an order dismissing the asserted counterclaims with prejudice or
an order certified the court’s ruling as a final, appealable order under C.R.C.P.
54(b) within 35 days of the order. See B.C. Investment Co. v. Throm, 650 P.2d
DATE DATE2020 FILED: January 17, 2020
CASE NUMBER: 2018CV149
2
1333,1335 (Colo. App. 1982) (dismissal without prejudice is generally not a final
and appealable order except where the circumstances of a case indicate that it
cannot be saved). In their response to appellant’s motion for reconsideration,
appellees state that they conveyed to appellant that they had no objection to
appellant obtaining C.R.C.P. 54(b) certification. However, appellant did not do so.
Instead of obtaining and providing either a final order or an order for C.R.C.P.
54(b) certification within 35 days of this Court’s November 8, 2019 order,
appellant filed the subject motion for reconsideration or for an extension of time to
obtain C.R.C.P. 54(b) certification. Based upon this history, the court determines
that appellant has not complied with this Court’s order of November 8, 2019.
IT IS THEREFORE ORDERED that the appeal is DISMISSED without
prejudice.
BY THE COURT
Román, J.
Welling, J.
Brown, J.
Copies to: Counsel of Record
Clerk of the District Court