Colorado § 13-40-117 - Appeals.
Full text of Colorado Colorado Revised Statutes § 13-40-117 — Appeals., with citation guidance and answers to common questions.
§ 13-40-117. Appeals.
(1) 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.
(2) 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.
(3) 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.
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).
Frequently Asked Questions About Colorado § 13-40-117
What does Colorado Revised Statutes § 13-40-117 cover?
Section 13-40-117 ("Appeals.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-40-117?
A common citation format is "Colorado Revised Statutes § 13-40-117" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-40-117 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.