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MARTINEZ v. ARCHULETA-PADIA

No. 04CA2082.

143 P.3d 1112 (2006)

Jose MARTINEZ, Plaintiff-Appellant, v. Marie ARCHULETA-PADIA, individually and as personal representative of the Estate of Joseph James Padia, a/k/a Joseph M. Padia, a/k/a Joseph Manuel Padia, a/k/a Gus Padia, a/k/a Joseph A. Padia, deceased, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Certiorari Denied October 10, 2006.

Attorney(s) appearing for the Case

Castelar M. Garcia, Jr., Alamosa, Colorado, for Plaintiff-Appellant.

Rocco F. Meconi, P.C., Rocco F. Meconi, Canon City, Colorado, for Defendant-Appellee.

DAILEY, J.

In this action for declaratory, injunctive, and monetary relief, plaintiff, Jose Martinez, appeals the trial court's judgment dismissing his complaint against defendant, Marie Archuleta-Padia, individually and as the personal representative of the estate of Joseph James Padia. We reverse and remand for further proceedings.

In June 1993, Joseph Padia agreed, in two written documents, to sell Martinez a trailer home and the plot of land upon which...

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