AMOS v. ASPEN ALPS 123, LLC

No. 08CA2009.

298 P.3d 940 (2010)

Betty G. AMOS and Estate of Thomas R. Righetti, Plaintiffs-Appellants and Cross-Appellees, v. ASPEN ALPS 123, LLC and Equitable Bank, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearings February 18, 2010.


Attorney(s) appearing for the Case

Holland & Hart LLP, Wiley Mayne, Jr. , Christopher Heaphey , Denver, Colorado, for Plaintiff-Appellants and Cross-Appellees.

Garfield & Hecht P.C., Matthew Ferguson , Christopher Bryan , Aspen, Colorado, for Defendant-Appellee and Cross-Appellant Aspen Alps 123, LLC.

Duncan Ostrander & Dingess, P.C., Richard Rodriguez , James Birch , Denver, Colorado, for Defendant-Appellee and Cross-Appellant Equitable Bank.


Opinion by Judge WEBB.

I. Facts

In this action seeking to set aside a public trustee foreclosure, plaintiffs, Betty G. Amos (Amos) and the estate (Estate) of Thomas Righetti (Righetti), her late husband, the former owners, appeal from a summary judgment in favor of defendant, Equitable Bank (Bank), the foreclosing creditor; a judgment in favor of intervenor, Aspen Alps 123, LLC (AA123), the purchaser, following a bench trial; and attorney fees awards to...

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