Legal Opinion · Dissent

Triple Crown at Observatory Village Ass'n v. Village Homes of Colorado, Inc.

Colorado Court of Appeals

Decided October 24, 2013No. Court of Appeals No. 13CA1390Published

1Dissent

JUDGE TERRY

dissenting.

¶ 35 Because I believe that the granting of this petition for interlocutory review under C.A.R. 4.2 is incompatible with Colorado statutory and case law, I respectfully dissent from the majority’s decision.

¶36 Acceptance of this petition contravenes the Uniform Arbitration Act, sections 13-22-201 to -230, C.R.S.2013, which allows an interlocutory appeal from an order denying a motion to compel arbitration, see § 13-22-228(l)(a), C.R.S.2013, while not allowing an appeal from an order compelling arbitration, such as the order here, see generally § 13-22-228.

¶37 In J.P.…

2Cases cited7 opinions

  1. City & County of Denver v. District Court Ex Rel. City & County of DenverSupreme Court of Colorado · 1997
  2. Lunsford v. Western States Life InsuranceSupreme Court of Colorado · 1995
  3. Long v. DeGeerSupreme Court of Oklahoma · 1987
  4. Mountain Plains Constructors, Inc. v. TorrezSupreme Court of Colorado · 1990
  5. J.P. Meyer Trucking & Construction, Inc. v. Colorado School Districts Self Insurance PoolSupreme Court of Colorado · 2001

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