WRIGHT v. WOLLER

No. 98CA0391.

976 P.2d 902 (1999)

Sara WRIGHT, Plaintiff-Appellee, v. David WOLLER, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

March 18, 1999.


Attorney(s) appearing for the Case

Vaden & Evans, L.L.C., Wayne E. Vaden, Elisha A. Chase, Denver, Colorado, for Plaintiff-Appellee.

Lapin & Associates, P.C., James B. Lapin, Lori A. Drew, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge NEY.

Defendant, David Woller, appeals from the judgment entered in favor of plaintiff, Sara Wright. We reverse and remand for a new trial.

Counsel for both parties appeared in court expecting to proceed with a jury trial. The court, however, noted that the parties had failed to file jury instructions three days prior to the trial date as required in C.R.C.P. 16(d). Defendant's counsel proffered his requested instructions and explained that...

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