2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 40 - Forcible Entry and Detainer - General Provisions
§ 13-40-117. Appeals
- If either party feels aggrieved by the judgment rendered in such action before the county court, he may appeal to the district court, as in other cases tried before the county court, with the additional requirements provided in this article.
- Upon the court's taking such appeal, all further proceedings in the case shall be stayed, and the appellate court shall thereafter issue all needful writs and process to carry out any judgment which may be rendered thereon in the appellate court.
- If the appellee believes that the appellee may suffer serious economic harm during the pendency of the appeal, the appellee may petition the court taking the appeal to require the appellant to have an additional undertaking to cover the anticipated harm. The court shall order such undertaking only after a hearing and upon a finding that the appellee has shown a substantial likelihood of suffering such economic harm during the pendency of the appeal and that the appellee will not be adequately protected under the appeals bond and the other requirements for appeal pursuant to sections 13-40-118, 13-40-120, and 13-40-123.
History. Source: L. 1885: P. 229, § 17. R.S. 08: § 2617. C.L. § 6383. CSA: C. 70, § 18. CRS 53: § 58-1-18. C.R.S. 1963: § 58-1-18. L. 64: P. 470, § 4. L. 84: Entire section amended, p. 466, § 1, effective July 1. L. 85: (1) amended, p. 571, § 8, effective November 14, 1986. L. 2021: (3) amended,(SB 21-173), ch. 349, p. 2264, § 4, effective October 1. History. Source: L. 1885: P. 229, § 17. R.S. 08: § 2617. C.L. § 6383. CSA: C. 70, § 18. CRS 53: § 58-1-18. C.R.S. 1963: § 58-1-18. L. 64: P. 470, § 4. L. 84: Entire section amended, p. 466, § 1, effective July 1. L. 85: (1) amended, p. 571, § 8, effective November 14, 1986. L. 2021: (3) amended,(SB 21-173), ch. 349, p. 2264, § 4, effective October 1.
ANNOTATION
This section gives to either party the right of appeal. Dulmaine v. Reed Bldg. Co., 46 Colo. 469 , 104 P. 1038 (1909).
Judgment for immediate possession is proper. In an action by a landlord against a tenant, judgment for immediate possession is proper. The only effect of this section is to stay enforcement of the judgment for 48 hours, in order that an appeal may in the meantime be perfected. Dulmaine v. Reed Bldg. Co., 46 Colo. 469 , 104 P. 1038 (1909).
It will be assumed that the appeal bond was tendered and filed on the day of its approval, in the absence of a filing mark. Fort v. Demmer, 91 Colo. 285 , 14 P.2d 489 (1932).
Applied in Maxwell v. District Court, 641 P.2d 931 (Colo. 1982); Francam Bldg. Corp. v. Fail, 687 P.2d 991 (Colo. App. 1984).
