DILLABAUGH v. ELLERTON

No. 10CA1456.

259 P.3d 550 (2011)

Gary DILLABAUGH, Plaintiff-Appellant, v. John J. ELLERTON, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

June 23, 2011.


Attorney(s) appearing for the Case

McGloin, Davenport, Severson and Snow, Gary C. Davenport , Kyle W. Davenport , Denver, Colorado, for Plaintiff-Appellant.

Holley, Albertson & Polk, P.C., Dennis B. Polk , Heather S. Hodgson , Golden, Colorado, for Defendant-Appellee.


Opinion by Judge WEBB.

In this post-judgment collection proceeding, plaintiff, Gary Dillabaugh, appeals the trial court's order determining that an obligation of Sefton Resources, Inc. (Sefton), to defendant, John J. Ellerton, Sefton's chief executive officer, is exempt from attachment or garnishment under section 13-54-102(1)(s), C.R.S.2010, as property or funds payable from a "retirement plan." We affirm.

I. Background

Dillabaugh obtained a judgment...

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