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WHALEN v. SHEPLER

No. 03CA0509.

104 P.3d 243 (2004)

Michael WHALEN, an individual, Plaintiff-Appellant, v. Lexie-Leigh SHEPLER, Rodney L. Lamb, and Scott Thornock, Intervenors-Appellees.

Colorado Court of Appeals, Division V.

Rehearing Denied July 22, 2004.

Certiorari Granted December 20, 2004.

Attorney(s) appearing for the Case

Kloepfer & Gorrell, PC, Teryl Gorrell, Denver, Colorado, for Plaintiff-Appellant.

Donald D. Vogt, LLC, Donald D. Vogt, Morrison, Colorado, for Intervenor-Appellee Lexie-Leigh Shepler.

Icenogle, Norton, Smith, & Blieszner, P.C., Edward J. Blieszner, Denver, Colorado, for Intervenor-Appellee Rodney L. Lamb.

James K. Kreutz & Associates, PC, James K. Kreutz, Greenwood Village, Colorado, for Intervenor-Appellee Scott Thornock.

Opinion by Judge WEBB.

This is a dispute among judgment creditors over priority to real property that was never titled in the names of judgment debtors, defendants Sanford Altberger and Orovi, Inc. Plaintiff, Michael Whalen, appeals an order giving priority to senior judgment liens of intervenors, Lexie-Leigh Shepler, Rodney L. Lamb, and Scott Thornock. We reverse and remand for an order giving priority to Whalen.

The facts are not in dispute. In this action...

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