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TILLERY v. DIST. CT. IN & FOR 5TH JUD. DIST.

Nos. 84SA255, 84SA261.

692 P.2d 1079 (1984)

Drake TILLERY, Petitioner, v. The DISTRICT COURT In and For the FIFTH JUDICIAL DISTRICT, In the COUNTY OF SUMMIT, State of Colorado, the Honorable Richard H. Hart, District Court Judge; the District Court In and For the Second Judicial District, City and County of Denver, State of Colorado, the Honorable Gilbert A. Alexander, District Court Judge; Myrna C. Friedman, Inc., d/b/a Liftoff Ski Shop; Paul E. Hays, d/b/a Hays Real Estate; and Public Employees Retirement Association, a Colorado general partnership, d/b/a Georgian Square, Respondents. Kenneth C. CRESSY, individually; Christine Z. Cressy, individually; and Kenneth C. Cressy and Christine Z. Cressy as next friends of Jennifer Cressy and Faye Cressy, Petitioners, v. The DISTRICT COURT, COUNTY OF DENVER, State of Colorado and the Honorable Warren O. Martin, one of the Judges thereof; and the District Court, County of Summit, State of Colorado, and the Honorable Richard H. Hart, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

December 17, 1984.

Attorney(s) appearing for the Case

Steve C. Briggs, Hutchinson, Black, Hill, Buchanan & Cook, Boulder, for petitioner Tillery.

Stephen Hopkins, Long & Jaudon, P.C., Denver, for Dist. Court in and for Fifth Judicial Dist., County of Summit, Richard H. Hart, Dist. Court Judge, and Paul E. Hays, d/b/a Hays Real Estate.

Bradley Unkeless, Denver, for Myrna Friedman, Inc., d/b/a Liftoff Ski Shop.

Bonner E. Templeton, Law Firm of Thomas J. deMarino, Denver, for Public Employees Retirement Ass'n.

No appearance for Denver Dist. Court, respondents in No. 84SA255.

Jersey M. Green, Wagner & Waller, P.C., Englewood, for petitioners Cressy.

Roger F. Johnson, Johnson, Mahoney & Scott, P.C., Denver, for respondents in No. 84SA261.

DUBOFSKY, Justice.

In each of these cases brought under C.A.R. 21 we issued a rule to show cause why the case transferred from the district court in Denver to the district court in Summit County on a motion for change of venue should not be returned to Denver. Because the cases present similar questions regarding the procedure to be followed to correct an erroneous change of venue, we consider them together; however, because they arise in different factual contexts...

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