Legal Opinion
Plymouth Capital Co. v. District Court of Elbert County
Supreme Court of Colorado
Decided April 6, 1998No. 97SA464PublishedCited by 9 opinions
1Opinion of the CourtJustice Kourlis
This proceeding concerns the application of C.R.C.P. 120. We exercise original jurisdiction over the matter pursuant to C.A.R. 21. On December 23, 1997, at the request of Plymouth Capital Company, Inc. (Plymouth), we issued a rule to show cause why a Rule 120 hearing should not be held immediately to determine whether a reasonable probability of default exists under a certain deed of trust. We now make that rule absolute.
I
In October of 1995, Deirdre Stewart and Gerald Brindamour (the Debtors) executed a promissory note payable to Plymouth. The note- was secured by a deed of trust, also…
2Cases cited6 opinions
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- PRINCEVILLE CORPORATION v. BrooksSupreme Court of Colorado · 1975
- Valley Develop. at Vail v. WARDER, CTY. OF EAGLESupreme Court of Colorado · 1976
- Moreland v. Marwich, Ltd.Supreme Court of Colorado · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mayotte v. U.S. Bank National AssociationCourt of Appeals for the Tenth Circuit · 2018
- Rosenfield v. HSBC Bank, USACourt of Appeals for the Tenth Circuit · 2012
- Premier Farm Credit, PCA v. W-CATTLE, LLCColorado Court of Appeals · 2006
- Obduskey v. Wells FargoCourt of Appeals for the Tenth Circuit · 2018
- Silva v. U.S. Bank, Nat'l Assoc., Under the Pooling & Serv. Agreement Dated 1, 2007, Gsamp Trust 2007-Nci, Mortg. Pass-Through Certificates, Series 207, Nci, Paul King, Dist. Court Judge, in His Individual Capacity, David J. Stevens, Dist. Court Judge, in His Individual Capacity, 18TH Judicial Dist., Court of Colo. Arapahoe Cnty., Richard B. Caschette, Dist. Court Judge, in His Individual Capacity, Christine Duffy, Douglas Cnty. Pub. Tr., in Her Individual Capacity, Lawrence E. Castle, in His Corporate Capacity, Robert J. Hopp, in His Individual & Corporate Capacity, Mers Inc.District Court, D. Colorado · 2018
4 more not listed; retrieve them via the Exa API.