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ASHTON PROPERTIES, LTD. v. OVERTON

Nos. 03CA0292, 03CA0812.

107 P.3d 1014 (2004)

ASHTON PROPERTIES, LTD., a California general partnership, and Daniel D. Miller, surviving general partner of Ashton Properties, Ltd., Plaintiffs-Appellants, v. A.L. OVERTON; Overton Babiarz & Sykes, P.C., a Colorado professional corporation; and Realamerica Ventures, LLC, a Colorado corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

August 26, 2004.

Attorney(s) appearing for the Case

Law Office of David C. Feola, P.C., David C. Feola, Evergreen, Colorado, for Plaintiffs-Appellants.

Sherwin V. Wittman, II, Colorado Springs, Colorado, for Defendants-Appellees A.L. Overton and Overton Babiarz & Sykes, P.C.

Randolf S. Dement, Greenwood Village, Colorado, for Defendant-Appellee Realamerica Ventures, LLC.

Opinion by Judge PICCONE.

Plaintiffs, Daniel D. Miller and Ashton Properties, Ltd., appeal the judgment dismissing their complaint against defendants, A.L. Overton (Overton), Overton, Babiarz & Skyes, P.C. (OBS), and Realamerica Ventures, LLC, for lack of subject matter jurisdiction and for failure to state a claim. Plaintiffs also appeal the award of attorney fees to defendants. We reverse and remand.

Ashton...

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