JENKINS v. ESTATE OF THOMAS

No. 89CA1214.

800 P.2d 1358 (1990)

Lewis H. JENKINS, Plaintiff-Appellant, v. The ESTATE OF Nicholas A. THOMAS, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

October 11, 1990.


Attorney(s) appearing for the Case

Calvert & Bryant, Randall M. Calvert, Englewood, for plaintiff-appellant.

Hall & Evans, Eugene O. Daniels and Malcolm S. Mead, Denver, for defendant-appellee.


Opinion by Judge METZGER.

Plaintiff, Lewis H. Jenkins, appeals the trial court judgment dismissing this action with prejudice based on his failure to comply with C.R.C.P. 25(a)(1). We affirm in part, reverse in part, and remand the cause with instructions.

Decedent, Nicholas A. Thomas, died January 20, 1984, and his estate was closed September 13, 1984; the personal representative was discharged October 15, 1984. Plaintiff, on June 30, 1986, filed his complaint...

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