FSDW, LLC v. First National Bank

Opinion by

Judge RUSSEL.

In this action for the partition of real property, defendants appeal the trial court’s judgment entered on an order granting plaintiffs motion for voluntary dismissal. We reverse and remand for further proceedings.

In February 2002, plaintiff, FSDW, LLC, filed a partition action, alleging that it was the owner of an undivided 2/7 interest in real property in Larimer County. It sought the appointment of a disinterested commissioner who would sell the property at a public sale pursuant to § 38-28-107, C.R.S.2003. Plaintiff named several parties as defendants, most of whom…