Tag Archives: Excusable Delay

Tammy Hudak v. Medical Lien Management, Inc., 2013COA83 (May 23, 2013)

Move it or lose it. That is the general principle when it comes to litigation. But in this case, the trial court overlooked a fully-briefed pending motion and prematurely closed the case without proper notice to claimant. 13 months later, claimant filed a renewed motion. A new trial judge held the delay was too long, lacked mitigating circumstances, and was unexcused because it could have contacted or reminded the court about the pending motion. The judge dismissed the case. The court of appeals reversed, and though affirming the principles upon which the trial court relied — that a claimant has an affirmative duty to pursue pending motions and a duty to inquire about inaction — held the trial court abused its discretion because the claimant was not obligated to renew or remind the court about the pending motion, and had it done so, risked irritating the court. The case was reinstated.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2013/12CA1694-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8949&courtid=1

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