When Can You Get Relief for the Mistake of Your Attorney?

Posted on: February 8, 2009 by: admin

Roll of Attorneys

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The mistake, inadvertence, surprise, or excusable neglect subject to correction must be by a party to the action or his legal representative. Columbia Savings & Loan Ass’n v. District Court, 186 Colo. 212, 526 P.2d 661 (1974). When a party commits a cause to the agency of an attorney, the neglect, omission, or mistake of such attorney resulting in the rendition of a judgment against the party is available to authorize the vacation of the judgment. Fidelity Finance Co. v. Groff, 124 Colo. 223, 235 P.2d 994 (1951). One who seeks relief from a judgment has the burden of establishing that such relief is warranted by clear, strong, and satisfactory proof. Craig v. Rider, 651 P.2d 397 (Colo. 1982). Domenico V. Southwest Properties, 1995.CO.21096 <http://www.versuslaw.com> ΒΆΒΆ 26-27; 914 P.2d 390 (Colo.App. 1995).

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