GILLESPIE v. PLEMMONS

No. 91CA0673.

849 P.2d 838 (1992)

Donald F. GILLESPIE and Judy K. Gillespie, Plaintiffs-Appellees, v. Kerry PLEMMONS, Defendant, and concerning Continental Bank, N.A., as Trustee for the Garfield County, Colorado, Single Family Mortgage Review Bond Program, 1991, Series A, Intervenor-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 1, 1992.

Certiorari Denied April 12, 1993.


Attorney(s) appearing for the Case

Delaney & Balcomb, P.C., Robert M. Noone, Timothy A. Thulson, Glenwood Springs, for plaintiffs-appellees.

Feather Legal Services, P.C., Gerald B. Feather, Grand Junction, for intervenor-appellant.


Opinion by Judge NEY.

Intervenor, Continental Bank, appeals the trial court's order denying its motion for substitution of parties. We affirm.

Plaintiffs, Donald and Judy Gillespie, were the first purchasers of a newly constructed home built by defendant, Kerry Plemmons (builder). On December 31, 1986, they initiated an action against him alleging breach of contract. Later, the complaint was amended to assert a claim for breach of implied warranty of habitability...

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