Spencer Fane attorney Jacob Hollars outlines the Colorado Supreme Court and its recently withdrawn opinion in In re Mercy Housing Group v. Bermudez, which established a jury trial right in Colorado for eviction proceedings, in Law Week Colorado.
In his article, Colorado Supreme Court Withdraws Opinion Establishing Jury Trial Right in Eviction Proceedings, Jacob summarizes the impact of the Court’s reversal in and what it means for contractual jury trial waivers.
“This turn of events highlights the importance for appellate practitioners to know their record and to closely read all statutes implicated in a case. The parties’ principal briefs to the Colorado Supreme Court did not clearly state the method by which the landlord served Bermudez, leaving it to the Court to fill in that gap. Had either or both parties clearly stated in their briefs the method of service, post-opinion proceedings may have been unnecessary, saving all parties and the Court time and resources,” Jacob wrote in his article.
At Spencer Fane, Jacob is a trial and appellate lawyer specializing in real estate, special district, and commercial matters. He represents clients through all phases of litigation on a wide variety of matters in both state and federal courts.
Read the full article in Law Week Colorado here. Please note, a subscription may be required.
