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HICKS v. JOONDEPH

No. 07CA0995.

205 P.3d 432 (2008)

Donald P. HICKS, Plaintiff-Appellant and Cross-Appellee, v. Shirley S. JOONDEPH; Brian C. Joondeph; and CitiMortgage, Inc., Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. VII.

August 21, 2008.

Attorney(s) appearing for the Case

Montgomery Little Soran & Murray, P.C., Frederick B. Skillern, Max S. Stitch, Michael R. McCormick, Greenwood Village, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Hamil/Hecht, LLC, J. Lawrence Hamil, Pamela H. Vanderpool, Denver, Colorado, for Defendants-Appellees and Cross-Appellants.

Opinion by Judge CARPARELLI.

Plaintiff, Donald P. Hicks, appeals the judgment granting defendants, Shirley S. Joondeph, Brian C. Joondeph, and CitiMortgage, Inc., priority over his earlier recorded judgment lien. Defendants cross-appeal the trial court's conclusion that Hicks's judgment lien is valid. We reverse and remand for further proceedings.

I. Background

In 2001, Hicks obtained a judgment of more than $400,000 against the original owner of...

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