Lewis v. Keim

Judge TURSI,

dissenting.

I respectfully dissent.

The issue here is not whether the trial court erred in granting defendant’s motion to set a cost bond, but rather whether it erred in ruling that plaintiffs’ complaint had to be dismissed for failure to file such bond, even though the failure to do so was not because of “neglect or refusal,” but because of their uncontested inability to post it.

Plaintiffs argue that the trial court erred: (1) in its construction of § 13-16-102, C.R.S. (1987 Repl.Vol. 6A); (2) in its failure to address their plea to prosecute their claim as poor persons pursuant to…