Wester Holdings Partnership v. Reece

Opinion by

Judge RULAND.

Plaintiff, Westar Holdings Partnership, appeals from the judgment of the trial court determining that the notice of lis pendens filed by defendant, Fred D. Reece, was not a “spurious document” for purposes of § 38-35-204, C.R.S.1999. Plaintiff also appeals the award of attorney fees to defendant. We reverse and remand the case for further proceedings.

Plaintiff entered into a contract to sell real property to defendant. However, defendant failed to tender the down payment required under the contract, and the sale did not close.

Plaintiff filed a complaint against…