Don J. Best Trust v. Cherry Creek National Bank

Opinion by

Judge CRISWELL.

Cherry Creek National Bank, a garnishee under C.R.C.P. 103, appeals from the default judgment entered against it. It argues that the court lacked jurisdiction to enter such judgment and that, in doing so, the court violated its right to procedural due process of law. We vacate the judgment.

Colorado National Bank — Ft. Collins, which was the initial plaintiff in this case, obtained a judgment in the amount of some $47,000 against the defendant, Reid L. Ro-senthal. This judgment was then assigned to the Don J. Best Trust (plaintiff), and a writ of garnishment with…