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KERNS v. KERNS

No. 02SA59.

53 P.3d 1157 (2002)

In re Steve KERNS, Plaintiff, v. Sok Sun KERNS; John Hoehne; Karl Hoehne; Hoehne Bros., a Minnesota general partnership; Ray-Paul, Inc., a Colorado corporation; and John Does, Defendants.

Supreme Court of Colorado.

May 28, 2002.

Attorney(s) appearing for the Case

Howard and Francis, LLP, Steven G. Francis, Fort Collins, Colorado, Attorneys for Plaintiff.

Grimshaw & Harring, P.C., Lisa Mayers, Denver, Colorado, Attorneys for Defendants John Hoehne, Karl Hoehne and Hoehne Bros.

Bostrom, Sands and Sander, P.C., Jon F. Sands, Denver, Colorado, Attorneys for Defendant Ray-Paul, Inc.

Justice RICE delivered the Opinion of the Court.

In this original action, we issued a rule to show cause why the order of the District Court of Larimer County should not be vacated. The district court held that a party seeking to impose a constructive trust on real property located in Colorado is not entitled to file a notice of lis pendens under section 38-35-110, 10 C.R.S. (2001), because the action was brought in an out-of-state court without in rem jurisdiction...

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