existence of a meritorious defense (Colorado) · Go Syfert
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existence of a meritorious defense in Colorado

10 Colorado opinions name it 2 courts 1957–2015 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
People v. Reynoldsgreen
colo · 1983 · cited in 4 Colorado opinions naming this issue, 2015–2015
2 sentences

2015See, e.g. , Biella v. State Dep’t. of Highways , 652 P.2d 1100, 1103 (Colo. App. 1982), aff'd , 672 P.2d 529 (Colo. 1983).

2015See, e.g. , Biella v. State Dep’t. of Highways , 652 P.2d 1100, 1103 (Colo. App. 1982), aff'd , 672 P.2d 529 (Colo. 1983).

44
Biella v. State Department of Highwaysgreen
coloctapp · 1982 · cited in 4 Colorado opinions naming this issue, 2015–2015
2 sentences

2015See, e.g. , Biella v. State Dep’t. of Highways , 652 P.2d 1100, 1103 (Colo. App. 1982), aff'd , 672 P.2d 529 (Colo. 1983).

2015See, e.g. , Biella v. State Dep’t. of Highways , 652 P.2d 1100, 1103 (Colo. App. 1982), aff'd , 672 P.2d 529 (Colo. 1983).

44
Buckmiller v. Safeway Stores, Inc.green
colo · 1986 · cited in 4 Colorado opinions naming this issue, 2015–2015
2 sentences

2015Court , 889 P.2d 50, 55-56 (Colo. 1995) (citing Buckmiller v. Safeway Stores, Inc ., 727 P.2d 1112, 1116 (Colo. 1986), and applying C.R.C.P. 60(b)). ¶18 Thus, although the court found LBC’s and Wells Fargo’s defense had merit, the court also recognized that the existence of a meritorious defense alone is insufficient to justify vacating the default.

2015Court , 889 P.2d 50, 55-56 (Colo. 1995) (citing Buckmiller v. Safeway Stores, Inc ., 727 P.2d 1112, 1116 (Colo. 1986), and applying C.R.C.P. 60(b)). ¶18 Thus, although the court found LBC’s and Wells Fargo’s defense had merit, the court also recognized that the existence of a meritorious defense alone is insufficient to justify vacating the default.

44
Sumler v. District Court, City & County of Denvergreen
colo · 1995 · cited in 4 Colorado opinions naming this issue, 2015–2015
2 sentences

2015Court , 889 P.2d 50, 55-56 (Colo. 1995) (citing Buckmiller v. Safeway Stores, Inc ., 727 P.2d 1112, 1116 (Colo. 1986), and applying C.R.C.P. 60(b)). ¶18 Thus, although the court found LBC’s and Wells Fargo’s defense had merit, the court also recognized that the existence of a meritorious defense alone is insufficient to justify vacating the default.

2015Court , 889 P.2d 50, 55-56 (Colo. 1995) (citing Buckmiller v. Safeway Stores, Inc ., 727 P.2d 1112, 1116 (Colo. 1986), and applying C.R.C.P. 60(b)). ¶18 Thus, although the court found LBC’s and Wells Fargo’s defense had merit, the court also recognized that the existence of a meritorious defense alone is insufficient to justify vacating the default.

44
Bankr. L. Rep. P 67,011 in Re Joseph Robert Stone, Bankrupt. Iva E. Olson v. Joseph Robert Stonegreen
ca10 · 1978 · cited in 1 Colorado opinions naming this issue, 1982–1982
2 sentences

1982See id.

1982Gumaer v. Bell, supra. Even when supplementary testimony is received, “the focus will be on the legal sufficiency of the allegations made in the moving papers rather than their truth.” In Re Stone, supra, 588 F.2d at 1320 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Barra v. People neutral
coloctapp · 1902
2 sentences

1959Riss, Jr. v. Air Rental, Inc., 136 Colo. 216 , 315 P. (2d) 820 , this court approved the following statement taken from the opinion in Barra v. The People, 18 Colo. App. 16 , 69 Pac. 1074 : “Parties cannot be permitted to disregard the process of the court and after judgment is rendered against them come in at their convenience and upon the mere allegation of the existence of a meritorious defense have judgment rendered against them vacated.” *113 In the instant case there was no abuse of discretion on the part of the trial court.

1957In Barra v. The People, 18 Colo. App. 16, 69 Pac. 1074 , it was said: “Parties cannot be permitted to disregard the process of the court and after judgment is rendered against them come in at their convenience and upon the mere allegation of the existence of a meritorious defense have judgment rendered against them vacated.” In Gumaer v. Bell, 51 Colo. 473 , 119 Pac. 861 , this court said: “But the authorities hold that it is not sufficient to show that the neglect, which brought about the default, was excusable.

31957–1977
Riss v. Air Rental, Inc. green
colo · 1957
2 sentences

1959Riss, Jr. v. Air Rental, Inc., 136 Colo. 216 , 315 P. (2d) 820 , this court approved the following statement taken from the opinion in Barra v. The People, 18 Colo. App. 16 , 69 Pac. 1074 : “Parties cannot be permitted to disregard the process of the court and after judgment is rendered against them come in at their convenience and upon the mere allegation of the existence of a meritorious defense have judgment rendered against them vacated.” *113 In the instant case there was no abuse of discretion on the part of the trial court.

1959Riss, Jr. v. Air Rental, Inc., 136 Colo. 216 , 315 P. (2d) 820 , this court approved the following statement taken from the opinion in Barra v. The People, 18 Colo. App. 16 , 69 Pac. 1074 : “Parties cannot be permitted to disregard the process of the court and after judgment is rendered against them come in at their convenience and upon the mere allegation of the existence of a meritorious defense have judgment rendered against them vacated.” *113 In the instant case there was no abuse of discretion on the part of the trial court.

21959–1977
Dunton v. Whitewater West Recreation, Ltd. green
coloctapp · 1997
1 sentence

2010Dunton, 942 P.2d at 1351 .

12010–2010
Snow v. DIST. COURT IN & FOR CITY & CTY. OF DENVER green
colo · 1977
2 sentences

1980Snow v. District Court, 194 Colo. 335 , 572 P.2d 475 (1977).

1980Snow v. District Court, 194 Colo. 335 , 572 P.2d 475 (1977).

11980–1980
Gumaer v. Bell green
colo · 1911
1 sentence

1957In Barra v. The People, 18 Colo. App. 16, 69 Pac. 1074 , it was said: “Parties cannot be permitted to disregard the process of the court and after judgment is rendered against them come in at their convenience and upon the mere allegation of the existence of a meritorious defense have judgment rendered against them vacated.” In Gumaer v. Bell, 51 Colo. 473 , 119 Pac. 861 , this court said: “But the authorities hold that it is not sufficient to show that the neglect, which brought about the default, was excusable.

11957–1957

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 13-21-111 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 479 (1967–2026) NY 367 (1961–2026) OH 89 (1982–2024) FL 52 (1967–2026) ME 30 (1984–2023) AL 28 (1977–2024) TX 26 (1943–2026) SC 21 (1985–2025) IN 20 (1984–2023) MO 19 (1966–2023) PA 17 (1941–1996) MI 14 (1973–2020) NM 13 (1973–2023) VA 11 (1989–2016) MN 10 (1974–2016) CO 10 (1957–2015) MA 8 (1997–2011) CA 5 (1919–2023) AZ 5 (1947–2016) MT 5 (1980–2013) NC 5 (1994–2010) NV 4 (1972–2019) WI 4 (1984–2024) UT 4 (2008–2017) WA 4 (1967–2024) NE 4 (1897–2018) AK 3 (1965–1998) AR 3 (1979–1985) TN 3 (2010–2023) IA 2 (1976–1985) WV 2 (2013–2016) VI 2 (2003–2025) NJ 2 (2017–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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