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JOONDEPH v. HICKS

No. 08SC784.

235 P.3d 303 (2010)

Shirley S. JOONDEPH, Brian C. Joondeph, and CitiMortgage, Inc., Petitioners v. Donald P. HICKS, Respondent.

Supreme Court of Colorado, En Banc.

June 28, 2010.

Attorney(s) appearing for the Case

Hamil/Hecht LLC, J. Lawrence Hamil, Alicia M. Smith, Meredith A. Munro, Denver, Colorado, Attorneys for Petitioners.

Montgomery Little Soran & Murray, P.C., Frederick B. Skillern, Max S. Stich, Greenwood Village, Colorado, Attorneys for Respondent.

Burns, Figa & Will, P.C., Geoffrey P. Anderson, Genevieve M. Bernal, Denver, Colorado, Attorneys for Amicus Curiae The Real Estate Section of the Colorado Bar Association.

Justice EID delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' denial of equitable subrogation in a dispute over the priorities of various liens. See Hicks v. Joondeph, 205 P.3d 432, 433 (Colo.App.2008) ("Joondeph"). The respondent, Donald P. Hicks ("Hicks"), brought an action to determine his lien's priority and to foreclose the lien. The trial court granted summary judgment in...

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