Legal Opinion

Marks v. District Court ex rel. Seventeenth Judicial District

Supreme Court of Colorado

Decided March 8, 1982No. 81SA431PublishedCited by 1 opinion

1Opinion of the Court

LEE, Justice.

In this original proceeding under C.A.R. 21, the petitioners (defendants in the trial court) seek a writ of prohibition restraining the respondent district court from proceeding with a new trial on the single issue of damages rather than a new trial on all issues. The trial court had found that the jury verdict was excessive due to jury bias, prejudice, and passion. The court ordered a new trial on the issue of damages only unless the plaintiff would agree to a lesser award. We issued a rule to show cause why the relief requested by the petitioners should not be granted. We now…

2Cases cited25 opinions

  1. Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. MoquinSupreme Court of the United States · 1931
  2. Converse v. ZinkeSupreme Court of Colorado · 1981
  3. Kitto v. GilbertColorado Court of Appeals · 1977
  4. Sanchez v. District Court Ex Rel. County of LarimerSupreme Court of Colorado · 1981
  5. Western Food Plan, Inc. v. District Court in and for City and County of DenverSupreme Court of Colorado · 1979

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3Cited by1 opinion

  1. Marks v. DISTRICT COURT, ETC.Supreme Court of Colorado · 1982

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