KELLY v. MID-CENTURY INS. CO.

No. 82CA1425.

695 P.2d 752 (1984)

La Jean KELLY and Michael Ellis, Plaintiffs, v. MID-CENTURY INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. EMPLOYERS MUTUAL CASUALTY CO., an Iowa Corporation, Third-Party Defendant, and Arthur S. Bowman, Sr., Attorney, Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 23, 1984.

Certiorari Granted February 4, 1985.


Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, C. Willing Browne, Mark C. Hansen, Denver, for defendant and third-party plaintiff-appellant.

Burnett & Horan, Myron H. Burnett, Denver, for third-party defendant.

Cooper & Kelley, P.C., Paul D. Cooper, Kim B. Childs, Denver, for third-party defendant-appellee.


KELLY, Judge.

The dispositive issue in this case is whether an order may properly be entered under C.R.C.P. 54(b) finalizing a judgment of dismissal of a third-party complaint based on a claim of contribution under § 13-50.5-101, et seq., C.R.S. (1983 Cum. Supp.) prior to resolution of the issues in the primary action. We hold that the 54(b) order entered by the trial court was improper as a matter of law. Thus, we dismiss the appeal.

La Jean Kelly and...

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