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MARTINEZ v. CONTINENTAL ENTERPRISES

No. 81CA1034.

697 P.2d 789 (1984)

Jeanette MARTINEZ, Plaintiff-Appellant and Cross-Appellee, v. CONTINENTAL ENTERPRISES, and Roy Myrick, d/b/a Continental Enterprises, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 15, 1984.

Certiorari Granted March 25, 1985.

Attorney(s) appearing for the Case

Stitt, Wittenbrink & Nieman, R.J. Wittenbrink, Westminster, for plaintiff-appellant and cross-appellee.

J.D. Pearson, Denver, for defendants-appellees and cross-appellants.

TURSI, Judge.

Plaintiff, Jeanette Martinez, appeals a judgment of the trial court granting defendant, Roy Myrick, d/b/a Continental Enterprises, a decree of foreclosure on property secured by a deed of trust which Martinez claims was barred because of Myrick's failure to commence a timely action. Myrick cross-appeals certain rulings of law made by the trial court and its dismissal of his counterclaim based upon abuse of process. We reverse and remand.

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