Legal Opinion

Wheeler v. Tower Bldg., LLC (In re Estate of Wheeler)

Colorado Court of Appeals

Decided June 20, 2013No. Court of Appeals No. 12CA1786PublishedCited by 1 opinion

1Opinion of the Court

Opinion by JUDGE FOX

¶ 1 Mary Beth Wheeler, personal representative of the Estate of David Wheeler,1 appeals the trial court's grant of summary judgment to Tower Building, LLC and Lorraine E. Ring (collectively Landlord). The trial court held that the lease for use of Landlord's building created an enforceable security interest in David's personal property, which was located in his jewelry store when he died. David's personal property was sold at a liquidation sale, and the trial court found that the proceeds of the sale were subject to Landlord's security interest.

¶ 2 As a matter of first…

2Cases cited19 opinions

  1. In the Matter of Numeric Corp., Bankrupt. Appeal of Russell E. BlankCourt of Appeals for the First Circuit · 1973
  2. In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
  3. West Elk Ranch, L.L.C. v. United StatesSupreme Court of Colorado · 2002
  4. In Re Bakersfield Westar Ambulance, Inc., Debtor. Randell Parker v. Community First BankCourt of Appeals for the First Circuit · 1997
  5. Childers & Venters, Inc. v. SowardsCourt of Appeals of Kentucky (pre-1976) · 1970

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3Cited by1 opinion

  1. Lory K. Wilson, Gregory S. Venable, and James B. Johnson v. Capital Partners Financial Group USA, Inc. and BTH Bank, National Association, Texas Court of Appeals, 5th District (Dallas)2022

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