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HALE v. SOUTHEAST COLORADO POWER ASS'N

Court of Appeals No. 21CA1757.

512 P.3d 1068 (2022)

2022 COA 36

Marjorie Mundell HALE; Justin Mundell, as Co-Trustee of the Sandra Kay Mundell Administrative Trust UAD June 19, 2013, Created Under the Sandra Kay Mundell Revocable Trust Dated June 19, 2013; Clinton Mundell, as Co-Trustee of the Sandra Kay Mundell Administrative Trust UAD June 19, 2013, Created Under the Sandra Kay Mundell Revocable Trust Dated June 19, 2013; Justin Mundell, as Personal Representative of the Estate of Sandra Kay Mundell, Deceased; and Clinton Mundell, as Personal Representative of the Estate of Sandra Kay Mundell, Deceased, Plaintiffs-Appellees, v. SOUTHEAST COLORADO POWER ASSOCIATION, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

Rehearing Denied April 28, 2022.

Attorney(s) appearing for the Case

Law Offices of Michael W. Callahan LLC, Michael W. Callahan , Pueblo, Colorado; Porter Law Office, Larry Porter , Springfield, Colorado, for Plaintiffs-Appellees.

Law Offices of Gregory Pelton LLC, Gregory V. Pelton , Colorado Springs, Colorado; Butler Snow LLP, David G. Mayhan , Sarah Smyth O'Brien , Denver, Colorado, for Defendant-Appellant.

¶ 1 To encourage settlement in civil cases, a Colorado statute provides that a plaintiff who makes a written offer of settlement more than fourteen days before trial that is rejected by the defendant is entitled to recover his actual costs incurred after making the offer, so long as he recovers a final judgment greater...

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