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PLYMOUTH CAPITAL CO. v. DISTRICT COURT

No. 97SA464.

955 P.2d 1014 (1998)

PLYMOUTH CAPITAL COMPANY, INC., a Delaware corporation, Petitioner, v. The DISTRICT COURT OF ELBERT COUNTY; and the Honorable Kevin Sidel, an acting District Court Judge thereof, Respondents.

Supreme Court of Colorado, En Banc.

April 6, 1998.

Attorney(s) appearing for the Case

Christopher E. Acker, Colorado Springs, for Petitioner.

Andrew J. Felser, P.C., Andrew J. Felser, Denver, for Respondents Deirdre Stewart and Gerald Brindamour.

Justice KOURLIS delivered the Opinion of the Court.

This proceeding concerns the application of C.R.C.P. 120. We exercise original jurisdiction over the matter pursuant to C.A.R. 21. On December 23, 1997, at the request of Plymouth Capital Company, Inc. (Plymouth), we issued a rule to show cause why a Rule 120 hearing should not be held immediately to determine whether a reasonable probability of default exists under a certain deed of trust. We now make that rule...

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