Bobrick v. Sanderson

Petitioners seek relief in this court from an order of Respondents which denied Petitioners leave to amend their answer to assert a Counterclaim in Case No. B-99664 in the District Court. It is asserted that the trial judge abused his discretion and exceeded his jurisdiction because:(a) Both sides had informed the court that the Counterclaim would not delay the trial or cause a postponement thereof;(b) That under R.C.P. Colo. 13 this was a “Compulsory Counterclaim” which ripened after the commencement of the District Court action; and,(c) That R.C.P. Colo. 15(a) provides in pertinent part…