Moeller v. Colorado Real Estate Commission

I dissent to the majority opinion because I agree with the Colorado Real Estate Commission’s contention that the trial court failed to make adequate findings of fact to support its conclusion of law that the Moel-lers delivered money to Simmons “in trust” and that Simmons’ receipt and use of this money was an “activity [that] required a broker’s license.” I would remand the case to the trial court for further findings of fact on the sole issue presented on appeal.

*704C.R.C.P. 52 states in part: “In all actions tried upon the facts ... the court shall find the facts specially and state separately…