Colorado § 15-10-308 - Appeals.

§ 15-10-308. Appeals.

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by the Colorado appellate rules.

Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-308.

ANNOTATION

Law reviews. For article, "Appealing Orders in Probate Cases: The Finality Question", see 50 Colo. Law. 22 (Feb. 2021).

No guide as to which probate court orders appealable. The Colorado probate code furnishes no guidance as to the type of probate court orders which may be deemed final for purposes of appeal. In re Estate of Dandrea, 40 Colo. App. 547, 577 P.2d 1112 (1978).

The same rules of finality apply in probate cases as in other civil cases. An order of the probate court is final if it ends the particular action in which it is entered and leaves nothing further for the court pronouncing it to do in order to completely determine the rights of the parties as to that proceeding. In re Estate of Scott, 119 P.3d 511 (Colo. App. 2004), aff'd, 136 P.3d 892 (Colo. 2006).

C.R.C.P. 54(b) governs the interlocutory appeal of a probate court order. In re Estate of Scott, 119 P.3d 511 (Colo. App. 2004), aff'd, 136 P.3d 892 (Colo. 2006).

Those probate court orders which are final and appealable must be determined on a case-by-case basis. The test for finality is whether the order disposes of and is conclusive of the controverted claim for which the proceeding was brought. Estate of Binford v. Gibson, 839 P.2d 508 (Colo. App. 1992).

A party may not obtain a final appealable judgment by filing a new petition under a new case number, where determination of the new petition is inextricably linked to the main probate proceeding and there is no preclusive effect of the probate court's order that dismissed the new petition. In re Estate of Scott, 151 P.3d 642 (Colo. App. 2006).

An order which completely determines the issues of the trustee's indebtedness to and compensation from the estate is a final judgment on those issues. Retainer of jurisdiction by the probate court to later modify the trustee's rate of compensation does not change the order into an interlocutory order. Estate of Binford v. Gibson, 839 P.2d 508 (Colo. App. 1992).

Probate court's order appointing special administrator is final and appealable. In re Estate of Franchs, 722 P.2d 422 (Colo. App. 1986).

Where probate court's order of partial summary judgment adjudicated fewer than all of the parties' claims, it was not a final judgment, and party could not appeal the order without C.R.C.P. 54(b) certification. In re Estate of Scott, 119 P.3d 511 (Colo. App. 2004), aff'd, 136 P.3d 892 (Colo. 2006).