Rainsberger v. Klein
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge KAPELKE.
Defendant, J. Klein, appeals from the trial court's order denying his C.R.C.P. 60(b)(8) motion challenging a default judgment entered against him in favor of plaintiff, Charles J. Rainsberger. We reverse the post-judgment order, vacate the default judgment, and remand for further proceedings.
The record reveals the following facts. This action was commenced in March 1995, when plaintiff filed a complaint asserting a negligence claim against a defendant designated in the caption as "J. Klein Construetion," which was further described in the body of the complaint as "a…
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