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BLITZ v. MARINO

No. 87CA1399.

786 P.2d 490 (1989)

Robert BLITZ, Plaintiff-Appellant and Cross-Appellee, v. Jim MARINO a/k/a S. James Marino and the Bank of Aspen, a Colorado banking corporation, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. IV.

December 7, 1989.

Attorney(s) appearing for the Case

Richard Y. Neiley, Jr., P.C., Richard Y. Neiley, Jr. and Eugene M. Alder, Aspen, for plaintiff-appellant and cross-appellee.

J. Nicholas McGrath, P.C., J. Nicholas McGrath and John T. Combs, Aspen, for defendants-appellees and cross-appellants, S. James Marino and The Bank of Aspen.

Clark Law Offices, William E. Clark, Aspen, for defendant-appellee and cross-appellant, Bank of Aspen.

John T. Kelly, Aspen, for defendant-appellee and cross-appellant, S. James Marino.

Opinion by Judge REED.

The plaintiff, Robert Blitz, appeals the summary judgment dismissing his action for recovery on a promissory note and foreclosure of the deed of trust securing the note. The defendants, Bank of Aspen and Jim Marino, cross-appeal the trial court's denial of their claim for attorney fees. We reverse.

The facts, with one exception, are undisputed. Blitz was the payee and holder of a promissory note dated November 10, 1981, and executed...

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