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AFFORDABLE COUNTRY HOMES, LLC v. SMITH

No. 06CA2222.

194 P.3d 511 (2008)

AFFORDABLE COUNTRY HOMES, LLC, Plaintiff-Appellant, v. Rod SMITH and Kevin Bunnell, d/b/a Bunnell Real Estate Services, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

September 4, 2008.

Attorney(s) appearing for the Case

The Schmehl Law Group, P.C., James W. Schmehl, Fort Collins, Colorado, for Plaintiff-Appellant.

Frascona, Joiner, Goodman and Greenstein, P.C., Cinthia M. Manzano, Boulder, Colorado, for Defendants-Appellees.

Opinion by Judge CARPARELLI.

Plaintiff, Affordable Country Homes, LLC (ACH), appeals the district court's order denying its motion, under C.R.C.P. 60(b), to reform a settlement agreement with defendants, Rod Smith and Kevin Bunnell. We affirm.

I. Settlement of the Underlying Case

ACH sued defendants alleging, among other things, breach of contract and fraud. After trial had begun, the parties informed the court that they had agreed to settle and...

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