BUCKINGHAM WINS CASE ON SUMMARY JUDGMENT – JUDGMENT AFFIRMED ON APPEAL
- May 3, 2020
- dflo
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March 2022 Update — the Entry of Judgment was affirmed in the Court of Appeals, and Plaintiffs’ petition for cert. was denied. In March 2020, a Denver District Court awarded the defendant-clients of Miles Buckingham and Ron Nemirow more than $80,000.00 in fees and costs against the Plaintiffs. The award came after the attorneys of Nemirow Perez prevailed through summary judgment in a hard-fought and complex homeowners association lawsuit. The case, which addressed technical legal issues associated with the Colorado Common Interest Ownership Act (CCIOA), and the community’s governing documents, was closed in favor of the defense after the Court accepted the arguments of Buckingham about the applicability of Colorado’s HOA laws. The award of fees was affirmed by the Court of Appeals, and a petition for cert on the fee issue (alone) remains in front of the Colorado Supreme Court.