PLANNED PETHOOD PLUS, INC. v. KEYCORP, INC.

No. 09CA0459.

228 P.3d 262 (2010)

PLANNED PETHOOD PLUS, INC., Plaintiff-Appellant, v. KEYCORP, INC., d/b/a/ KeyBank National Association, d/b/a KeyBank, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

January 21, 2010.


Attorney(s) appearing for the Case

David Carroll, Denver, Colorado, for Plaintiff-Appellant.

Brown, Berardini & Dunning, P.C., Brian J. Berardini, Marie E. Drake, Denver, Colorado, for Defendant-Appellee.


Opinion by Judge BOORAS.

Plaintiff, Planned Pethood Plus, Inc. (Pethood), appeals the summary judgment entered in favor of defendant, KeyCorp, Inc. (Keybank), denying Pethood's claim for recovery of a prepayment penalty paid to Keybank to obtain release of a deed of trust. We affirm.

I. Factual Background

Although the parties disagree on certain factual allegations made by Pethood, all relevant facts are undisputed. Pethood is a veterinary clinic...

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