MARTIN v. ESSRIG

No. 09CA2182.

277 P.3d 857 (2011)

Bernie MARTIN, Plaintiff-Appellee, v. Paul ESSRIG, Defendant-Appellant, and Concerning David S. Carroll, Attorney-Appellant.

Colorado Court of Appeals, Div. III.

August 4, 2011.


Attorney(s) appearing for the Case

Hall & Evans, L.L.C., David E. Leavenworth, Jr. , Brian Molzahn , Denver, Colorado, for Plaintiff-Appellee.

David S. Carroll , Denver, Colorado, for Defendant-Appellant and Attorney-Appellant.


Opinion by Judge J. JONES.

Paul Essrig (tenant), a former tenant of a residence owned by Bernie Martin (owner), appeals the district court's denial of his C.R.C.P. 60(b)(3) motion challenging as void a judgment in owner's favor on a claim that tenant had breached the parties' lease. He and his counsel, David S. Carroll, Esq., also challenge the district court's award of attorney fees incurred by owner in responding to the motion.

Mr. Carroll has filed briefs...

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