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ROTZ v. HYATT CORP.

No. 11CA0329.

296 P.3d 164 (2012)

2012 COA 29

Judith ROTZ, Plaintiff-Appellant, v. HYATT CORPORATION, d/b/a Hyatt Regency Denver at Colorado Convention Center, Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

February 16, 2012.

Attorney(s) appearing for the Case

The Viorst Law Offices, P.C., Anthony Viorst , Denver, Colorado, for Plaintiff-Appellant.

Lasater & Martin, P.C., J. Scott Lasater , J. Barton Maxwell , Highlands Ranch, Colorado, for Defendant-Appellee.

Opinion by Judge MILLER.

¶ 1 In this premises liability action, plaintiff, Judith Rotz, appeals from a trial court judgment dismissing her action against defendant, Hyatt Corporation, for failure to timely file a nonresident cost bond pursuant to sections 13-16-101 to -102, C.R.S.2011.

¶ 2 We conclude that the trial court erroneously determined that once plaintiff failed to file the cost bond by the date set in its order, without any showing of indigency...

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