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FIRST NAT. BANK OF TELLURIDE v. FLEISHER

No. 98SC634.

2 P.3d 706 (2000)

FIRST NATIONAL BANK OF TELLURIDE, Petitioner, v. Terrence J. FLEISHER, Respondent.

Supreme Court of Colorado, En Banc.

May 30, 2000.

Attorney(s) appearing for the Case

Lynch & Lynch LLC, Michael J. Lynch, Telluride, Colorado, Attorneys for Petitioner.

Zarlengo & Kimmell, LLC, Thomas J. Kimmell, Denver, Colorado, Attorneys for Respondent.

Justice MARTINEZ delivered the Opinion of the Court.

This case concerns the effect of failure to provide a defaulting party notice as required under C.R.C.P. 55(b) of proceedings underlying a judgment lien against him. We must determine whether failure to provide such notice constitutes a jurisdictional defect that renders a default judgment void. We also consider whether, and under what conditions, failure to provide notice constitutes a violation of the defaulting...

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