Pasbrig v. Walton

KELLY, Judge.

Norman E. and Barbara J. Walton appeal the ruling of the trial court that the failure to insure premises subject to deed of trust is a curable default under § 38-39-118, C.R.S.1973 (1981 Cum.Supp.). We conclude that the judgment is not final, and therefore, dismiss the appeal.

Plaintiff, Anneliese Pasbrig, alleged in her complaint that she and her husband had purchased a home from the Waltons, executing a promissory note and deed of trust in their favor. Plaintiff further alleged that she was in default under the note because she had failed to make several payments and to insure…