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LINDSAY v. DIST. COURT, CITY & CTY. OF DENVER

No. 84SA83.

694 P.2d 843 (1985)

Merlyn LINDSAY and Eugenio A. Lindsay, Plaintiffs-Petitioners, v. DISTRICT COURT In and For the CITY and COUNTY OF DENVER, State of Colorado, and the Honorable John Brooks, Jr., one of the Judges thereof, Respondents, and Westmor Investment Corporation, a Colorado corporation; Equiplan, Inc., a Delaware corporation; and Walter McDonald, individually and as an officer and director of Westmor Investment Corporation, a Colorado corporation and of Equiplan, Inc., a Delaware corporation, Defendants-Respondents.

Supreme Court of Colorado, En Banc.

January 14, 1985.

Attorney(s) appearing for the Case

Arnold & Porter, Andre M. Reiman, Kelly, Haglund, Garnsey & Kahn, James W. Hubbell, Denver, for plaintiffs-petitioners.

Wagner & Waller, P.C., Kevin D. Allen, Englewood, for defendants-respondents.

ROVIRA, Justice.

We issued a rule to show cause why the respondent district court should not be prohibited from entering an order authorizing the issuance of a writ of restitution. We now make the rule absolute.

I.

From the abbreviated record available to us, the petition for prohibition, and the response to the petition, we glean the following facts which provide the background and basis for this opinion.

The petitioners purchased a home...

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