Legal Opinion

Dillabaugh v. Ellerton

Colorado Court of Appeals

Decided June 23, 2011No. 10CA1456PublishedCited by 13 opinions

1Opinion of the Court

Opinion by

Judge WEBB.

In this postjudgment collection proceeding, plaintiff, Gary Dillabaugh, appeals the trial court's order determining that an obligation of Sefton Resources, Inc. (Sefton), to defendant, John J. Ellerton, Sefton's chief executive officer, is exempt from attachment or - garnishment - under - section - 18-54-102(1)(s), C.R.S.2010, as property or funds payable from a "retirement plan." We affirm.

I. Background

Dillabaugh obtained a judgment against Ellerton and attempted to garnish Sefton's obligation to him. Sefton responded that it owed Ellerton a "future retirement…

2Cases cited22 opinions

  1. In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
  2. Patrick Demery v. Extebank Deferred Compensation Plan (B)Court of Appeals for the Second Circuit · 2000
  3. Bly v. StorySupreme Court of Colorado · 2010
  4. Stamp v. Vail Corp.Supreme Court of Colorado · 2007
  5. Lyman v. Town of Bow MarSupreme Court of Colorado · 1975

17 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Roup v. Commercial Research, LLCSupreme Court of Colorado · 2015
  2. Green Earth Wellness Center, LLC v. Atain Specialty InsuranceDistrict Court, D. Colorado · 2016
  3. Brunson v. Colorado Cab Company, LLCColorado Court of Appeals · 2018
  4. Broomfield Senior Living Owner, LLC v. R.G. Brinkmann CoColorado Court of Appeals · 2017
  5. Wisdom Works Counseling Services, P.C. v. Colorado Department of CorrectionsColorado Court of Appeals · 2015

8 more not listed; retrieve them via the Exa API.

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