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IN RE MARRIAGE OF PHELPS AND ROBINSON

No. 02CA0354.

74 P.3d 506 (2003)

In re the MARRIAGE OF Patrick M. PHELPS, Appellant, and Cheryl ROBINSON, Appellee.

Colorado Court of Appeals, Div. A.

May 22, 2003.

Attorney(s) appearing for the Case

Kraemer & Golden, P.C., Randy Golden, Michael M. O'Brien, Fort Collins, Colorado, for Appellant.

Jennifer I. Holt, Denver, Colorado, for Appellee.

Opinion by Judge METZGER.*

Patrick M. Phelps appeals the magistrate's order determining that he is not married at common law to Cheryl Robinson. We dismiss the appeal for lack of a final order and remand the case for further proceedings.

In March 2001, Phelps filed a petition for dissolution of what he alleged was the parties' common law marriage. Robinson answered that the parties had cohabited, but were unmarried, and she requested...

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