Levitt Multihous. Corp. v. DISTRICT CT. OF EL PASO CTY.

This is an original proceeding by Levitt Multihousing Corporation (hereinafter referred to as either Levitt or plaintiff) which petitions for a writ in the nature of prohibition. Plaintiff alleges the respondent district court has exceeded its jurisdiction in permitting T.I.T.S. Development Corporation to file a counterclaim contrary to the statutes of Colorado and the full faith and credit clause — U.S. Const., art. IV, § 1.

The essential facts are not in dispute. Levitt, as prime contractor, and the Development Company (hereinafter referred to as defendant), as subcontractor, entered into a…