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NORTH VALLEY BANK v. McGLOIN, DAVENPORT

No. 09CA2559.

251 P.3d 1250 (2010)

NORTH VALLEY BANK, a Colorado corporation, Plaintiff-Appellant, v. McGLOIN, DAVENPORT, SEVERSON AND SNOW, PROFESSIONAL CORPORATION, a Colorado corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

December 9, 2010.

Attorney(s) appearing for the Case

Hatch Jacobs, LLC, Robert W. Hatch, II , Brian T. Ray , Denver, Colorado, for Plaintiff-Appellant.

McGloin, Davenport, Severson and Snow, Professional Corporation, Krista L. Tushar , Kyle W. Davenport , Denver, Colorado, for Defendant-Appellee.

Opinion by Judge BERNARD.

This case presents the issue whether a statutory attorney's lien on a judgment takes priority over a previously perfected security interest. We hold that it does because (1) Colorado's statute plainly states that an attorney's lien in such circumstances is a "first lien"; (2) Colorado's version of the Uniform Commercial Code (UCC) does not govern the attorney's lien; and (3) the UCC cannot be applied to determine the relative priority of...

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