[Download] "Buckmiller V. Safeway Stores Inc." by Colorado Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Buckmiller V. Safeway Stores Inc.
- Author : Colorado Supreme Court
- Release Date : January 17, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
We granted certiorari to review the decision of the court of appeals in Buckmiller v. Safeway Stores, Inc., 690 P.2d 883 (Colo. App. 1984), which affirmed the trial court's denial of a rule 60(b) motion to vacate an earlier order of dismissal for failure to prosecute. The motion to vacate the order of dismissal was filed by Jacqueline M. Buckmiller, who had previously commenced a negligence action against Safeway Stores, Inc. The trial court denied Buckmiller's motion to vacate because, in its view, the prejudice to Safeway resulting from a reinstatement of the case would outweigh any prejudice to Buckmiller from a denial of the motion. The court of appeals concluded that the trial court did not abuse its discretion in denying the motion and accordingly affirmed the judgment. We reverse the judgment of the court of appeals and remand the case with directions to return it to the trial court for further proceedings.