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INDEPENDENT BANK v. PANDY

Court of Appeals No. 14CA1733.

383 P.3d 64 (2015)

2015 COA 3

INDEPENDENT BANK, a Michigan bank, Plaintiff-Appellee, v. Joseph T. PANDY, Trustee, a/k/a Joseph Pandy Jr.; Elizabeth Pandy, Trustee, a/k/a Elizabeth A. Pandy; Joseph Pandy Jr. & Elizabeth Pandy Living Trust, a/k/a Joseph Pandy Jr. and Elizabeth A. Pandy Living Trust Dated Nov. 10, 2003, Defendants-Appellants.

Colorado Court of Appeals, Div. A.

Rehearing Denied April 2, 2015.

Attorney(s) appearing for the Case

The Law Firm of John A. Lobus, P.C., John A. Lobus , Lakewood, Colorado, for Plaintiff-Appellee.

The Whitmer Law Firm, LLC, Kent Whitmer , William Berry , Hot Sulphur Springs, Colorado, for Defendants-Appellants.

Opinion by JUDGE TAUBMAN

¶ 1 Joseph T. Pandy, Elizabeth Pandy, and the Joseph Pandy Jr. & Elizabeth Pandy Living Trust (collectively the Pandys) petition under C.A.R. 4.2 for interlocutory review of the district court's order denying their C.R.C.P. 12(c) motion for judgment on the pleadings. We grant the petition, affirm the district court's order, and remand for further proceedings.

I. Background

¶ 2 In August 2010, plaintiff...

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