Koch v. District Court, Jefferson County

The petitioner, Larry Koch, brought this original proceeding under C.A.R. 21 seeking relief in the nature of mandamus to correct an order issued by the Jefferson County District Court (“the district court”) vacating a decree of dissolution of marriage and permanent orders. We issued a rule to show cause why the relief requested should not be granted. We now hold that the district court exceeded its jurisdiction by ordering, sua sponte, a new trial on all issues of this dissolution proceeding because the district court acted outside the time limits mandated by C.R.C.P. 59(c) to initiate such…