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DELSAS EX REL. DELSAS v. CENTEX HOME EQUITY CO.

No. 06CA2571.

186 P.3d 141 (2008)

Joe DELSAS, by his next friend, Dennis DELSAS, Plaintiff-Appellant, v. CENTEX HOME EQUITY COMPANY, LLC, and United States Small Business Administration, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

May 1, 2008.

Attorney(s) appearing for the Case

Worrell, Durrett & Jaynes, PC, Stephen J. Worrell, Anthony J. Durrett, Robert C. Gavrell, Glenwood Springs, Colorado, for Plaintiff-Appellant.

Karsh, Fulton, Gabler & Joseph, PC, Seymour Joseph, Denver, Colorado, Defendant-Appellee Centex Home Equity Company, LLC.

Troy Andrew Eid, United States Attorney, Paul Farley, Assistant United States Attorney, Denver, Colorado, for Defendant-Appellee United States Small Business Administration.

Opinion by Judge BERNARD.

This appeal involves the trial court's dismissal of a claim to quiet title to property based upon allegations that a warranty deed was procured by fraud and by exploiting the incapacity of the deed's grantor, Joe Delsas (Joe). The case was filed by Dennis Delsas (Dennis), Joe's son and next friend. Dennis appeals the trial court's judgment granting a motion to dismiss filed by two of four defendants...

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