FLEISHER v. FIRST NAT. BANK OF TELLURIDE

No. 97CA0672.

973 P.2d 690 (1998)

Terrence J. FLEISHER, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF TELLURIDE, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied August 27, 1998.

Certiorari Granted March 29, 1999.


Attorney(s) appearing for the Case

Zarlengo & Kimmell, P.C., Thomas J. Kimmell, Denver, Colorado, for Plaintiff-Appellant.

Lynch & Lynch, LLC, Michael J. Lynch, Telluride, Colorado, for Defendant-Appellee.


Opinion by Judge CASEBOLT.

In this declaratory judgment proceeding to determine priority of liens, plaintiff, Terrence J. Fleisher, appeals the summary judgment entered in favor of defendant, First National Bank of Telluride. We reverse and remand.

The facts are undisputed. In 1991, plaintiff commenced an action (underlying action) upon a promissory note issued by an owner of certain real property (owner). Owner answered, denying liability under the note....

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