City of Trinidad v. District Court

This is an original proceeding in the nature of mandamus brought pursuant to C.A.R. 21. We issued a Rule to Show Cause which we now make absolute in part and discharge in part.

Joseph Montera and Nick DeBono filed suit against petitioner, the City of Trinidad, seeking, inter alia, compensatory and punitive damages. The City was served with a summons and complaint on March 31, 1978. On April 24, 1978, without filing an answer, the City filed a motion to disqualify the judge, the Honorable Dean C. Mabry, one of the respondents herein. This had the effect, as a matter of law, of suspending any…