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PEREZ v. WITHAM

No. 98CA1225.

1 P.3d 262 (1999)

Erma PEREZ, Plaintiff-Appellant and Cross-Appellee, v. Rebecca WITHAM, as personal representative of the estate of Sidney Nowick, Defendant-Appellee and Cross-Appellant, and Empire Health Clinic, Inc., a Colorado corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing April 20, 2000.

Attorney(s) appearing for the Case

Juanita Benetin, P.C., Juanita Benetin, Denver, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Rebecca Witham, Pro Se.

Albert V. Witham, Littleton, Colorado, for Defendant-Appellee.

Opinion by Judge KAPELKE.

In this action to recover damages for alleged negligence and breach of fiduciary duty, plaintiff, Erma Perez, appeals from the judgment of dismissal entered by the trial court in favor of defendants, Sidney Nowick and Empire Health Clinic, Inc. (the clinic). By cross-appeal, Nowick challenged the order denying his motion for sanctions against plaintiff. During the pendency of this appeal, Nowick died. Rebecca Witham, as personal representative...

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