Legal Opinion
Benton v. Adams
Supreme Court of Colorado
Decided October 15, 2002No. 02SA158PublishedCited by 53 opinions
1Opinion of the CourtJustice Hobbs
In this original proceeding under C.A.R. 21, we issued a rule to show cause to review the trial court's denial of petitioner John Adams' motion for leave to amend his answer, add counterclaims, and join a third party to make a claim against her through interpleader.
We now make the rule absolute, holding that (1) the trial court erred as a matter of law in determining that the interpleader amendment is futile, and (2) the trial court abused its discretion in denying leave to amend on grounds of delay and prejudice in the case. j
Although we generally defer to trial courts in their case…
2Cases cited15 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- State Farm Fire & Casualty Co. v. TashireSupreme Court of the United States · 1967
- John Keith Blakely and John Emmett Long v. United States of AmericaCourt of Appeals for the Sixth Circuit · 2002
- Watson Ex Rel. Watson v. BeckelCourt of Appeals for the Tenth Circuit · 2001
- The Equitable Life Assurance Society of the United States v. Sandra Porter-Englehart, Sandra Porter-EnglehartCourt of Appeals for the First Circuit · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Archangel Diamond Corp. v. LukoilSupreme Court of Colorado · 2005
- Archer v. Farmer Bros. Co.Supreme Court of Colorado · 2004
- Jensen v. IHC Hospitals, Inc.Utah Supreme Court · 2003
- Sterenbuch v. GossColorado Court of Appeals · 2011
- CLPF-Parkridge One, L.P. v. Harwell Investments, Inc.Supreme Court of Colorado · 2005
48 more not listed; retrieve them via the Exa API.