(Download) "Tell v. Mcelroy" by Colorado Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Tell v. Mcelroy
- Author : Colorado Court of Appeals
- Release Date : January 16, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
Plaintiff, Elaine Tell, assignee of a promissory note, sued defendants, Joe and Della M. McElroy. After two continuances initiated by Tell and agreed to by the McElroys, trial was set for April 21, 1976. On that date, Tells attorney requested and was granted a continuance based on the assertion that Tell was out of town as a result of her mother being ill. Later, the attorney discovered that, in fact, Tell was in Denver on the trial date, and he reported this to the trial court. Thereafter, the McElroys attorney moved for sanctions and was awarded costs and attorney fees of $313. Subsequently the McElroys moved to dismiss with prejudice Tells claim for failure to prosecute pursuant to C.R.C.P. 41(b)(1). This motion was granted, Tell appeals, and we reverse.