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VINTON v. VIRZI

No. 11SA77.

269 P.3d 1242 (2012)

2012 CO 10

In re Amanda VINTON, Esq., Petitioner v. Sharon VIRZI, Beneficiary; Walter J. Kirkland & Elaine Kirkland Irrevocable Living Trust; and Debra McWilliams, Trustee of the Walter J. Kirkland & Elaine Kirkland Irrevocable Living Trust, and individually, Respondents.

Supreme Court of Colorado, En Banc.

February 13, 2012.

Attorney(s) appearing for the Case

McConnell Fleischner Houghtaling, LLC, Michael T. McConnell , Cecelia Fleischner , Matthew C. Miller , Denver, Colorado, Attorneys for Petitioner.

Kirkland & Seal, LLC, Catherine Anne Seal , Colorado Springs, Colorado, Attorneys for Respondent Sharon Virzi.

Hershey Skinner, LLC, Katrina A. Skinner , Littleton, Colorado, Attorneys for Respondent Debra McWilliams.

No appearance by or on behalf of Walter J. Kirkland & Elaine Kirkland Irrevocable Living Trust.

Justice COATS delivered the Opinion of the Court.

¶ 1 Vinton petitioned for relief pursuant to C.A.R. 21 from orders of the probate court permitting Virzi to amend her challenge to a trust administration by adding a claim of fraud against Vinton, the attorney for the trustee. Over Vinton's objection, the probate court summarily granted Virzi's motion to amend, forcing Vinton to withdraw as counsel for the trustee. The probate court subsequently summarily denied...

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