ALPINE BANK v. HUBBELL

No. 07-1190.

550 F.3d 1274 (2008)

ALPINE BANK, a Colorado banking corporation, Plaintiff-Counter-Defendant-Appellee, v. Platt T. HUBBELL; Kelley S. Hubbell, Defendants-Counterclaimants-Third Party Plaintiffs-Appellants, and Georgia Chamberlain, as Public Trustee of Garfield County, Colorado, Defendant-Third-Party-Plaintiff, v. Carney Brothers Construction, a Colorado corporation; Ian Carney; Richard Carney; Kerry M. Karnan; Thane R. Lincicome; T.J. Concrete Construction, Inc., a Colorado corporation; Teamcorp, Inc., doing business as Draft Tek, Third Party Defendants.

United States Court of Appeals, Tenth Circuit.

December 31, 2008.


Attorney(s) appearing for the Case

Daniel M. Fowler (Katherine Taylor Eubank with him on the briefs), of Fowler, Schimberg & Flanagan, P.C., Denver, CO, for Appellants.

John M. Palmeri of Gordon & Rees, LLP, Denver, CO, (Heather K. Kelly of Gordon & Rees; and Michael T. McConnell, Walter N. Houghtaling, Robert W. Steinmetz of McConnell Siderius Fleischner Houghtaling & Craigmile, LLC, Denver, CO, with him on the brief) for Appellee.

Before TACHA, HARTZ, Circuit Judges, and DEGIUSTI, District Judge.


HARTZ, Circuit Judge.

When a dream home turns into a nightmare, litigation happens. Platt and Kelley Hubbell took out a $1,280,000 construction loan from Alpine Bank to build a home. After some $800,000 had been disbursed to the contractor, the Hubbells discovered that the home was less than one-third complete, necessary building permits had not been obtained, and it might be cheaper to tear down what had been built and start over. The Bank sued the Hubbells when...

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