Empiregas, Inc., of Pueblo v. County Court of Pueblo

BERMAN, Judge.

In this appeal of a judgment entered in a C.R.C.P. 106 proceeding, petitioner, Em-piregas, Inc., of Pueblo, challenges the holding of the district court of Pueblo County that the respondent county court did not abuse its discretion in denying petitioner’s request for dismissal of its counterclaim. We reverse.

The events pertinent to this appeal are as follows. In January 1983, a county court summons and complaint was served upon petitioner by one Tilton. Petitioner filed an answer, a counterclaim for damages in the amount of $32,323.77, as well as a motion pursuant to C.R.C.P.…