BORRAYO v. LEFEVER

No. 05CA0160.

159 P.3d 657 (2006)

Evelinn A. BORRAYO, Plaintiff-Appellee, v. James LEFEVER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 7, 2006.


Attorney(s) appearing for the Case

The R.S. Irving Law Firm, LLC, Robert S. Irving, Fort Collins, Colorado, for Plaintiff-Appellee.

Montgomery, Kolodny, Amatuzio & Dusbabek, L.L.P., Peter S. Dusbabek, Cara J. Stegemann, Fort Collins, Colorado, for Defendant-Appellant.


Opinion by Judge GRAHAM.

Defendant, James Lefever, appeals from the trial court's orders (1) denying his motion to set aside default judgment; (2) denying his claim of exemption; and (3) disbursing the garnished funds to plaintiff, Evelinn A. Borrayo. This appeal primarily concerns the trial court's refusal to set a hearing on and denial of defendant's claim of exemption based on his noncompliance with a previous court order. We affirm.

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