GOODMAN ASSOCIATES v. WP MOUNTAIN PROPERTS.

No. 09SA144.

222 P.3d 310 (2010)

In re GOODMAN ASSOCIATES, LLC, Plaintiff v. WP MOUNTAIN PROPERTIES, LLC, Defendant.

Supreme Court of Colorado, En Banc.

January 11, 2010.


Attorney(s) appearing for the Case

Martin, Lubitz & Hyman, LLC, Ira J. Bornstein, Denver, CO, for Plaintiff.

Foster Graham Milstein & Calisher LLP, Daniel K. Calisher, Stephen A. Fermelia, Julia R. Harvey, Denver, CO, for Defendant.


Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

This case addresses whether a default judgment may be set aside when a defendant failed to respond to the complaint after service of process was hand delivered to an assistant of defendant's registered agent, but the registered agent failed to find the process papers in his in-box. After the trial court set aside its default judgment, the...

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