Carlson v. Benton

SILVERSTEIN *, Judge.

Defendants appeal the trial court’s order granting plaintiffs’ C.R.C.P. 60(a) motion to amend a judgment of dismissal. The order amended the judgment by adding the words “without prejudice.” We reverse.

The facts are undisputed. This action was filed on March 11,1976, and an amended complaint was filed on June 18, 1976. No further action was taken by plaintiffs, and on July 15, 1977, because of failure to prosecute, the following order was entered:

“IT IS ORDERED that the above-entitled cause be and the same hereby is dismissed under Rule 23 of the rules of this court.”

*157No…