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YOUNG PROPERTIES v. WOLFLICK

No. 02CA2130.

87 P.3d 235 (2003)

YOUNG PROPERTIES, a California general partnership, and Doris Y. Coates, Trustee of the Doris W. Young Survivors Trust, Plaintiffs-Appellees, v. Gregory D. WOLFLICK, Trustee of the Wolflick Survivors Trust, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 5, 2004.

Attorney(s) appearing for the Case

Jacobs, Chase, Frick, Kleinkopf & Kelly, LLC, Michael A. Smith, N. Reid Neuriter, Denver, Colorado, for Plaintiffs-Appellees.

Tisdel, Hockersmith, Mueller & McIntosh, P.C., Michael D. Hockersmith, Roger F. Sagal, Ouray, Colorado, for Defendant-Appellant.

Opinion by Judge TAUBMAN.

Defendant, Gregory D. Wolflick, trustee of the Wolflick Survivors Trust, appeals the judgment partitioning land held as tenants in common with plaintiffs, Young Properties and Doris Y. Coates, trustee of the Doris W. Young Survivors Trust (collectively the Youngs). We reverse certain aspects of the judgment and remand for further proceedings.

In December 2000, the Youngs filed a complaint for partition, pursuant to § 38-28-101...

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