DON J. BEST TR. v. CHERRY CREEK NAT. BK.

No. 89CA0731.

792 P.2d 302 (1990)

DON J. BEST TRUST, Assignee of Colorado National Bank—Fort Collins, Garnishor, Plaintiff-Appellee, v. CHERRY CREEK NATIONAL BANK, Garnishee-Appellant.

Colorado Court of Appeals, Div. III.

April 19, 1990.


Attorney(s) appearing for the Case

March & Myatt, P.C., Richard S. Gast, Ft. Collins, for plaintiff-appellee.

Vinton, Slivka & Panasci, Michael J. Healey, Denver, for garnishee-appellant.


Opinion by Judge CRISWELL.

Cherry Creek National Bank, a garnishee under C.R.C.P. 103, appeals from the default judgment entered against it. It argues that the court lacked jurisdiction to enter such judgment and that, in doing so, the court violated its right to procedural due process of law. We vacate the judgment.

Colorado National Bank—Ft. Collins, which was the initial plaintiff in this case, obtained a judgment in the amount of some $47,000 against...

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