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PERMFILE105571
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PERMFILE105571
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Entry Properties
Last modified
8/24/2016 9:58:30 PM
Creation date
11/24/2007 12:33:14 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
11/21/2005
Doc Name
Exhibits 51-61
From
City of Black Hawk
To
DMG
Media Type
D
Archive
No
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In challenging the Court's jurisdiction, Defendants rely on their belief that they entered their <br />appearance before the County Court as a "special appearance." A "special appeazance" might have <br />some relevance to this case had Defendants' sole reason for appearing been to challenge the Court's <br />personal jurisdiction over the Defendants. Defendants have, however, challenged the County Court's <br />subject matter jurisdiction. As a consequence the Defendants' appearance was not a "special <br />appeazance," Minneaz v. Minnear, 281 P2d 517 (Colo 1955). <br />2. Personal Jurisdiction. <br />With regard to Defendants' claim the Court somehow lacked personaljurisdiction, the record <br />in this case contains the return of service of Summons and Complaint upon both of the Defendants. <br />Defendants were served on Apri121, 2003 at their home in the County of Gilpin. No issue has been <br />raised as to the propriety of such service under C.R.C.P. 4(e). The Court's finding of personal <br />jurisdiction is amply supported by the record in this matter. The Defendants have advanced no <br />factual or legal justification for reversal of the County Court's findings with respect to either personal <br />or the subject matterjurisdiction. <br />3. Frivolous Appeal. <br />There is no rational basis for the Defendants' attack upon the-trial court's jurisdiction. Under <br />§13-17-102(2) and (6) C.R.S., the County is entitled to an award of reasonable attorney's fees <br />incurred in defending this frivolous appeal. §13-17-102(2) provides for the award of reasonable <br />attorney's fees against any party who has defended a civil action which defense in whole or in part <br />the Court determines lacked substantialjustification. This statute includes civil actions ofany nature <br />which are appealed in any Court of record in this State. §13-17-102(6) deals with civil actions in <br />which no attorney has appeared For the party against whom fees are being sought. Under such <br />5 <br />
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