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ESTATE OF GRIMM v. EVANS

No. 09CA1071.

251 P.3d 574 (2010)

ESTATE OF Albert F. GRIMM, deceased, Plaintiff-Appellant, v. John M. EVANS, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

Rehearing Denied November 10, 2010.

Attorney(s) appearing for the Case

Poskus, Caton & Klein, P.C., Bernard A. Poskus , Denver, Colorado, for Plaintiff-Appellant.

Underhill & Underhill, P.C., Joanne P. Underhill , Colin E. Moriarty , Greenwood Village, Colorado, for Defendant-Appellee.

Opinion by Judge RUSSEL.

Plaintiff, the Estate of Albert F. Grimm, appeals from an order compelling arbitration and dismissing its action against defendant, John M. Evans. We vacate the order and remand for a hearing.

I. Background

Albert F. Grimm and his son hired Evans to perform legal services. They signed a contract that contained the following arbitration clause:

Both client and attorney agree to have any and all disputes with the attorney...

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