Legal Opinion
Clark v. City of Gunnison
Colorado Court of Appeals
Decided December 5, 1991No. 90CA1897PublishedCited by 4 opinions
1Opinion of the Court
Opinion by
Judge ROTHENBERG.
The sole issue in this appeal is whether defendants’ offer of judgment was untimely under C.R.C.P. 68, thereby preventing application of the cost-shifting provisions of the rule. We conclude that it was untimely and, thus, we reverse the trial court order and remand with directions.
On May 24, 1990, defendants, City of Gunnison and Robert Summers, mailed an offer of judgment in the amount of $30,000 to plaintiff, Harold Clark. Plaintiff received the offer on May 29, 1990. Trial began on June 4, 1990.
Following trial, the jury returned a verdict in the amount of…
2Cases cited3 opinions
- Cheek v. McGowan Elec. Supply Co.Supreme Court of Florida · 1987
- Bonanza Corp. v. DurbinSupreme Court of Colorado · 1985
- Whitney v. AndersonColorado Court of Appeals · 1989
3Cited by4 opinions
- People ex rel. S.M.A.M.A.Colorado Court of Appeals · 2007
- State Board of Registration for Professional Engineers & Professional Land Surveyors v. BrinkerColorado Court of Appeals · 1997
- Barrera v. MuirCourt of Appeals of Minnesota · 1996
- People Ex Rel. SmamaColorado Court of Appeals · 2007