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MOYER v. EMPIRE LODGE HOMEOWNERS' ASS'N

No. 02SA220.

78 P.3d 313 (2003)

Anne MOYER, Individually and as Personal Representative of the Estate of Maxine Reddy, deceased, and as Representative of the Maxine Reddy Trust, Appellant-Defendant, v. EMPIRE LODGE HOMEOWNERS' ASSOCIATION, a Colorado non-profit corporation, Appellee-Plaintiff.

Supreme Court of Colorado, En Banc.

October 20, 2003.

Attorney(s) appearing for the Case

Riser, Hart & Trezise, LLC Kathleen Hart Gunnison, Colorado Attorney for Appellant-Defendant.

Felt, Monson & Culichia, L.L.C. James G. Felt, Steven T. Monson, James W. Culichia, Bradford R. Benning, Colorado Springs, Colorado Attorneys for Appellee-Plaintiff.

Justice COATS delivered the Opinion of the Court.

The Moyers, who were the prevailing parties in a dispute with Empire Lodge over water rights, appealed to this court directly from the water court's order denying as untimely their Bill of Costs. The District Court for Water Division No. 2 ruled that by waiting until the conclusion of Empire Lodge's appeal of the judgment in the case to file their Bill of Costs, the Moyers were out of time by some twenty months. Because...

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