Keith v. Kinney

Opinion by

Judge DAVIDSON.

Defendant, Stephen H. Kinney, appeals from a summary judgment entered against him in a proceeding to quiet title initiated by plaintiffs, Raymond E. and Brenda M. Keith. We dismiss the appeal without prejudice for lack of an appealable order.

The Keiths initiated this proceeding pursuant to C.R.C.P. 105 against Kinney and others to quiet title as to gravel on real property to which the Keiths owned surface rights and a fraction of the mineral rights. In their complaint, the Keiths asserted that, although Kinney had claimed that his mineral rights entitled him to the…