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CLARK v. CITY OF GUNNISON

No. 90CA1897.

826 P.2d 402 (1991)

Harold CLARK, Plaintiff-Appellant, v. CITY OF GUNNISON and Robert Summers, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 16, 1992.

Attorney(s) appearing for the Case

J. Michael Dowling, Denver, for plaintiff-appellant.

Greengard, Senter, Goldfarb & Rice, Thomas S. Rice, Peter H. Doherty, Denver, for defendants-appellees.

Opinion by Judge ROTHENBERG.

The sole issue in this appeal is whether defendants' offer of judgment was untimely under C.R.C.P. 68, thereby preventing application of the cost-shifting provisions of the rule. We conclude that it was untimely and, thus, we reverse the trial court order and remand with directions.

On May 24, 1990, defendants, City of Gunnison and Robert Summers, mailed an offer of judgment in the amount of $30,000 to plaintiff, Harold Clark....

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