Littlefield v. Bamberger

Opinion by

Judge TAUBMAN.

In this appeal by defendants Alvin R., Jacob A., and Kris A. Bamberger, the dispos-itive issue is whether a party filing a post-trial motion is afforded three days for mailing pursuant to C.R.C.P. 6(e) when the notice of entry of judgment is mailed. We hold that the three-day provision applies and, therefore, conclude defendants timely filed their C.R.C.P. 59 motion and that this appeal was timely filed. In so ruling, we conclude that Bonanza Corp. v. Durbin, 696 P.2d 818 (Colo.1985) is dispositive and therefore decline to follow Wilson v. Fireman's Fund Insurance Co.,…