McELVANEY v. BATLEY

Nos. 90CA1132, 90CA1976.

824 P.2d 73 (1991)

Mignon D. McELVANEY, Plaintiff-Appellant, v. Craig W. BATLEY, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied September 12, 1991.

Certiorari Denied January 27, 1992.


Attorney(s) appearing for the Case

Michael S. Rennich, Louisville, for plaintiff-appellant.

Rothgerber, Appel, Powers & Johnson, Franklin D. O'Loughlin, Samuel M. Ventola, Denver, for defendant-appellee.


Opinion by Chief Judge STERNBERG.

On October 30, 1986, the plaintiff, Mignon D. McElvaney, filed suit in Arapahoe County against the defendant, Craig A. Batley, and against Western Development and Investment Corporation. Both defendants answered, and Batley cross-claimed against Western.

Subsequently, no action having been taken by plaintiff for nearly two and one-half years, defendant Batley moved to dismiss for failure to prosecute. Plaintiff did not respond...

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