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TUSCANY CUSTOM HOMES, LLC v. WESTOVER

Court of Appeals No. 19CA1724.

490 P.3d 1039 (2020)

2020 COA 178

TUSCANY CUSTOM HOMES, LLC, a Colorado limited liability company, Plaintiff-Appellee, v. John B. WESTOVER; Wolf 359 Investments, LLC; and AIL Fossil Creek, LLC, Defendants-Appellants, and John R. Platenak and Cynthia Platenak, Third-Party Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

Announced December 31, 2020.

Attorney(s) appearing for the Case

Messner Reeves LLP, Haley W. Maglieri , Katherine Otto , Daniel J. DeLay , Denver, Colorado, for Plaintiff-Appellee.

Johnson Law, Chad W. Johnson , Tessa R. DeVault , Andrew J. King , Denver, Colorado, for Defendants-Appellants.

March & Olive, LLC, Stewart W. Olive , Fort Collins, Colorado, for Third-Party Defendants-Appellees.

¶ 1 This appeal concerns the scope and application of the statutory protection for mediation communications, which renders a mediation communication generally inadmissible in a judicial proceeding. See § 13-22-307(2)-(3), C.R.S. 2020. Distinguishing Yaekle v. Andrews, 195 P.3d 1101...

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