Legal Opinion · Dissent

Stiner v. Planned Management Services, Inc.

Colorado Court of Appeals

Decided November 24, 1995No. 94CA1617Published

1Dissent

Judge NEY

dissenting.

I dissent because I believe that when, in one case, there are judgments in favor of each party and against the other, the trial court should generally enter a single judgment in the amount of the net difference between the two judgments.

The reason for this rule was articulated in Husband v. Colorado Mountain Cellars, Inc., 867 P.2d 57, 61 (Colo.App.1993) as follows:

[The] entering of two separate money judgments in a ease, such as this, in which one party is free to collect its full judgment, while the other party’s collection efforts may be handicapped or prevented by the…

2Cases cited7 opinions

  1. Husband v. Colorado Mountain Cellars, Inc.Colorado Court of Appeals · 1993
  2. Dankwardt v. KermodeSupreme Court of Colorado · 1920
  3. Galbreath v. ArmstrongMontana Supreme Court · 1948
  4. John W. Muije, Ltd. v. a North Las Vegas Cab Co.Nevada Supreme Court · 1990
  5. Wildung v. Security Mortgage Co. of AmericaSupreme Court of Minnesota · 1919

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