Opinion
No. 24926
Decided September 5, 1972.
Garnishment proceedings. Garnishee's liability not established.
Garnishment Vacated and Appeal Dismissed
1. GARNISHMENT — Case — Insured — Reversed — Liability of Insurer — Vacated. Where case which found liability against insured had been reversed and remanded for new trial, insurer's liability as garnishee was not established; hence, garnishment vacated and appeal dismissed.
Appeal from the District Court of Larimer County, Honorable Conrad L. Ball, Judge.
Hill and Hill, Alden T. Hill, Alden V. Hill, for plaintiff-appellee.
Warberg and Mast, Sonja E. Warberg, D. Chet Mast, for defendant-appellant.
[1] Judgment was entered against appellant insurance company, as garnishee, for damages found against its insured, and the insurance company appealed. The case which found liability has been reversed and remanded for new trial. Dolan v. Mitchell, 179 Colo. 359, 502 P.2d 72. The garnishee's liability is not established. Hence, the garnishment is vacated and the appeal is dismissed.
MR. JUSTICE DAY not participating.