Legal Opinion

North Valley Bank v. McGloin, Davenport, Severson & Snow, Professional Corp.

Colorado Court of Appeals

Decided December 9, 2010No. 09CA2559PublishedCited by 1 opinion

1Opinion of the Court

Opinion by

Judge BERNARD.

This case presents the issue whether a statutory attorney's lien on a judgment takes priority over a previously perfected security interest. We hold that it does because (1) Colorado's statute plainly states that an attorney's lien in such cireumstances is a "first lien"; (2) Colorado's version of the Uniform Commercial Code (UCC) does not govern the attorney's lien; and (8) the UCC cannot be applied to determine the relative priority of the attorney's lien and the perfected security interest. By reaching these conclusions, we affirm the trial court's judgment.

I.…

2Cases cited37 opinions

  1. McGonigle v. CombsCourt of Appeals for the Ninth Circuit · 1992
  2. Griffin v. SW Devanney & Co., Inc.Supreme Court of Colorado · 1989
  3. People v. J.J.H.Supreme Court of Colorado · 2001
  4. U.S. Bank National Ass'n v. ClarkIllinois Supreme Court · 2005
  5. CLPF-Parkridge One, L.P. v. Harwell Investments, Inc.Supreme Court of Colorado · 2005

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3Cited by1 opinion

  1. AIG Annuity Insurance v. Law Offices of Theodore Coates, P.C.Court of Appeals for the Tenth Circuit · 2012

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