Tidwell v. BEVAN PROPERTIES, LTD.

Opinion by

Judge GRAHAM.

Defendant, Bevan Properties, Ltd., appeals the district court's summary judgment in favor of plaintiffs, Lloyd A. Tidwell, Betty H. Tidwell, and BLT Consulting, Inc. Because we conclude, as a matter of first impression, that an action for declaratory judgment of nonliability on statute of limitations grounds is not a claim that triggers Colorado's counterclaim revival statute, section 18-80-109, C.R.98.2010, we affirm.

I. Background

The relevant facts are undisputed. On May 12, 1998, BLT Consulting executed a promissory note for $65,000 in favor of defendant. The Tidwells…