Wright v. Woller

Opinion by

Judge NEY.

Defendant, David Woller, appeals from the judgment entered in favor of plaintiff, Sara Wright. We reverse and remand for a new trial.

Counsel for both parties appeared in court expecting to proceed with, a jury trial. The court, however, noted that the parties had failed to file jury instructions three days prior to the trial date as required in C.R.C.P. 16(d). Defendant’s counsel proffered his requested instructions and explained that the failure had resulted from confusion over last minute changes in counsel. The court struck the jury trial and proceeded with a trial to…