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SIFTON v. STEWART TITLE GUAR. CO.

No. 10CA1137.

259 P.3d 542 (2011)

June Marie SIFTON, Plaintiff-Appellant and Cross-Appellee, v. STEWART TITLE GUARANTY COMPANY, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. II.

June 9, 2011.

Attorney(s) appearing for the Case

Terence J. Quinn , Eagle, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Wolf & Associates, P.C., Daniel F. Wolf , Tyler J. Voboril , Vail, Colorado, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge WEBB.

This case presents an unresolved question of Colorado law: If a respondent releases a contested lien or document before the show cause hearing under section 38-35-204 of the Spurious Liens and Documents statute, section 38-35-201, et seq., C.R.S.2010, must the trial court still hold a hearing to resolve the respondent's liability for attorney fees?

Here, the trial court dismissed the action of plaintiff, June Marie Sifton, and declined...

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