Opinion
Douglas G. McKinnon, Denver, for plaintiff-appellee.
Frickey, Cairns & Wylder, P.C., Denver, for defendants-appellants.
SILVERSTEIN, Chief Judge.
Defendants appeal from a judgment which awarded title to certain real property to plaintiff. Plaintiff asserts the appeal should be dismissed because defendants failed to file a motion for new trial as required by C.R.C.P. 59(f). Defendants contend that since there were no controverted issues of fact involved in the final hearing before entry of judgment, they fall within the exception set forth in C.R.C.P. 59(h). We dismiss the appeal.
Trial was to the court in April 1971, following which the court took the matter under advisement. In October, 1971 the court entered an order which provided that final judgment would be withheld until determination of a related case pending in the District Court of Arapahoe County. After determination of the latter case, a certified copy of that decree was filed in the present case and a hearing was held at which no further evidence was introduced. Following this hearing the trial court entered the judgment appealed from.
Although the pendency of the related action caused a substantial delay between the date of the trial and the entry of judgment, the judgment as entered emanated from the trial at which there were several controverted issues of fact. Therefore, the C.R.C.P. 59(h) exemption does not apply. Failure to file a motion for new trial requires dismissal of the appeal. See Geisler v. People, 127 Colo. 336, 256 P.2d 564.
Appeal dismissed.
PIERCE and SMITH, JJ., concur.