Smeal V. Oldenettel

In Smeal v. Oldenettel, No. 87CA1463 (Colo. App. July 6, 1989) (not selected for official publication), the Court of Appeals reversed a judgment of $92,241 entered in August of 1987 in favor of petitioner, Wayne Smeal, and against respondents, Adam Oldenettel, Eleanor Oldenettel and Alfred Oldenettel, as the result of a jury verdict in a trial limited to issues of damages. The court also ordered reinstatement of a judgment of $12,000 that had been entered on May 22, 1986, in favor of Smeal and against the Oldenettels as the result of a jury verdict in the initial trial on issues of liability. The Court of Appeals held that an August 7, 1986, trial court order granting Smeal a new trial on the issue of damages was void for lack of jurisdiction and that an October 27, 1986, order of a Court of Appeals panel dismissing the Oldenettels' appeal of the May 22, 1986, judgment did not require a contrary result. Having granted certiorari to consider the propriety of the judgment of the Court of Appeals, we affirm in part, reverse in part, and remand the case to that court with directions.