Opinion
Editorial Note:
This case has been marked 'not for publication' by the court.
Error to the District Court of the County of El Paso; G. Russell Miller, Judge.
R. George Silvola, Colorado Springs, for plaintiffs in error.
Charles B. Lindley, Denver, for defendant in error World Savings and Loan Assn.
Dan S. Hughes, Howard J. Kunstle, Colorado Springs, for defendants in error The Willis Agency, Inc., Theodore (Ted) Predmore, Robert C. Prewett, Joseph Burridge and Eunice M. Burridge.
PIERCE, Judge.
This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.
Upon careful review of the record in this case, we rule that the trial court properly granted defendants' (defendants in error) motions for summary judgment. Taking the allegations contained in plaintiffs' (plaintiffs in error) complaint as true on their face, we hold that they do not raise a "genuine issue as to any material fact" on which the trial court should have proceeded to hear evidence; therefore, defendant was entitled to a judgment as a matter of law. R.C.P.Colo. 56(c); Ridgewood Mobile Homes Park, Inc. v. Alameda Water & Sanitation District, 159 Colo. 178, 410 P.2d 641.
Judgment is affirmed.
COYTE and ENOCH, JJ., concur.