COLORADO SPRINGS v. TIMBERLANE ASSOC.

No. 88SC383.

783 P.2d 287 (1989)

CITY OF COLORADO SPRINGS, a municipal corporation, Petitioner, v. TIMBERLANE ASSOCIATES, a Colorado general partnership; Investment Builders Corporation, a Colorado corporation; John W. Dawson and Joseph M. Birdsell, Individually, Respondents.

Supreme Court of Colorado, En Banc.

November 27, 1989.


Attorney(s) appearing for the Case

Anderson, Johnson & Gianunzio, Gregory L. Johnson, Kelly Dude, Colorado Springs, for petitioner.

Susemihl, Lohman, Kent, Carlson & McDermott, P.C., Peter M. Susemihl, Colorado Springs, for respondents.

Joseph M. Birdsell not appearing.


Justice ROVIRA delivered the Opinion of the Court.

On certiorari review, the City of Colorado Springs (City) challenges the court of appeals order dismissing its appeal on the ground that it was not filed in a timely manner. Because the trial court determined the City's post-trial motion within sixty days, as required by C.R.C.P. 59(j), we reverse and remand the case to the court of appeals with directions to reinstate the appeals of the City and the respondents....

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