Weatherly v. Roth

TURSI, Judge.

Verna Weatherly, plaintiff, appeals the judgment of dismissal and award of attorney fees against her and in favor of Charles A. Roth, defendant. We reverse and remand.

Plaintiff sued defendant in June 1984, alleging fraud, breach of fiduciary obligations, violation of the Colorado Securities Act, and intentional torts. Defendant made discovery requests, and moved for sanctions when plaintiff failed to respond. Plaintiff’s attorney withdrew in December 1985.

In January 1986, the trial court ordered plaintiff to hire an attorney by March 14, 1986, and to respond to defendant’s…