Appealing from Denial of Summary Judgment
| Publication year | 1995 |
| Pages | 1777 |
1995, August, Pg. 1777. Appealing from Denial of Summary Judgment
My motion hearing had ended a little early, and my afternoon settlement conference didn't begin until 1:30, so I had plenty of time for lunch at the The Courthouse Steps. The tables in the front room were all taken, so I carried my sandwich and cola into the little room at the back. It was just as crowded, and I was about to give up when Tim Flegleman looked up and motioned for me to join him. As I sank down gratefully in one of the hard little chairs, Flegleman made some space by rearranging the untidy pile of pages that cluttered the table. He held up one finger and said, "I'll be with you in a minute. Just let me finish editing this paragraph."
Flegleman returned to annotating the manuscript. As he worked, his tongue stuck out the right corner of his mouth and twitched occasionally. I had just finished my sandwich when Flegleman announced, "That ought to do the trick."
Against my better judgment, I asked, "What are you working on, Tim?"
"An appeal in Fellner v. Cobco Industries," Flegleman answered. "It was one of the cases Max Mortise had going when he retired and I took over his practice. Max and I represented Cobco. Mr. Fellner was a shift foreman and was let go when the company downsized. He claimed that the employee handbook was a contract of employment. The jury agreed and awarded $245,000 for breach of contract."
Susan Victor was standing at the doorway, carrying her lunch on a tray and searching for an open table. I caught her eye and inclined my head. She saw Flegleman and his mound of papers, looked one last time for another table, and then headed our way. Victor had spent three years on the Colorado Court of Appeals and now specialized in appellate practice at a small firm in Denver.
As she unloaded her tray and sat down, I asked Flegleman, "What's your issue on appeal?"
"It's a sure thing," Flegleman exulted. "When Mr. Fellner received his copy of the employee handbook, he signed a form acknowledging that he was an employee at will and that the handbook was not a contract of employment. Max Mortise and I moved for summary judgment, but the motion was denied. The trial court obviously should have granted the motion and should have dismissed the case."
"That's your issue?" Victor...
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