TOMAR DEVELOPMENT, INC. v. BENT TREE, LLC

No. 11CA1847.

264 P.3d 651 (2011)

TOMAR DEVELOPMENT, INC., a Kansas corporation; Danny Damyanovich; and Karen Damyanovich, Plaintiffs-Appellants, v. BENT TREE, LLC, a Colorado limited liability company; Mulligan, LLC, a Colorado limited liability company; and Colorado Capital Bank, Defendants-Appellees.

Colorado Court of Appeals.

October 27, 2011.


Attorney(s) appearing for the Case

San Luis Valley Law Firm, Matthew K. Hobbs , Monte Vista, Colorado; Anna N.H. Ulrich, Attorney at Law, LLC, Anna N.H. Ulrich , South Fork, Colorado, for Plaintiff-Appellant Tomar Development, Inc.

Flanders, Elsberg, Nash, Herber & Dunn, LLC, Scott W. Dunn , Crystal M. Merlau , Longmont, Colorado, for Plaintiffs-Appellants Danny Damyanovich and Karen Damyanovich.

Johnson & Repucci, LLP, Michael J. Repucci , Helaine Resnick Smith , Diana C. Fields , Boulder, Colorado, for Defendants-Appellees Bent Tree, LLC and Mulligan, LLC.

Jones & Keller, P.C., Mark J. Kolber , Englewood, Colorado, for Defendant-Appellee Colorado Capital Bank.


Opinion by Judge GABRIEL.

Pursuant to C.A.R. 4.2, plaintiffs, Tomar Development, Inc., Danny Damyanovich, and Karen Damyanovich, petition this court for interlocutory review of several district court orders. In these orders, the district court held, in pertinent part, that the Colorado appellate courts would likely adopt the partial, rather than the complete, subordination approach in the context of circular lien priorities...

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