Legal Opinion

McElvaney v. Batley

Colorado Court of Appeals

Decided August 15, 1991No. 90CA1132, 90CA1976PublishedCited by 3 opinions

1Opinion of the Court

Opinion by

Chief Judge STERNBERG.

On October 30, 1986, the plaintiff, Mi-gnon D. McElvaney, filed suit in Arapahoe County against the defendant, Craig A. Batley, and against Western Development and Investment Corporation. Both defendants answered, and Batley cross-claimed against Western.

Subsequently, no action having been taken by plaintiff for nearly two and one-half years, defendant Batley moved to dismiss for failure to prosecute. Plaintiff did not respond to the motion. On October 3,1989, the court granted the motion to dismiss. Neither the motion nor the order granting it specified…

2Cases cited5 opinions

  1. Craig v. RiderSupreme Court of Colorado · 1982
  2. Atlas Const. Co. v. DIST. COURT IN AND FOR BOULDER CTY.Supreme Court of Colorado · 1979
  3. Columbia S. & L. Ass'n v. District Ct., Co. of Clear CreekSupreme Court of Colorado · 1974
  4. Guynn v. State Farm Mutual Auto Insurance Co.Colorado Court of Appeals · 1986
  5. Craig v. RiderColorado Court of Appeals · 1980

3Cited by3 opinions

  1. Goodman Associates, LLC v. WP Mountain Properties, LLCSupreme Court of Colorado · 2010
  2. Guevara v. FoxhovenColorado Court of Appeals · 1996
  3. Domenico v. Southwest Properties VentureColorado Court of Appeals · 1995

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