Final Judgement

• Publication year: 2004
• Pages: 57
• Citation: Vol. 33 No. 9 Pg. 57

33 Colo.Law. 57 Colorado Lawyer 2004.

2004, September, Pg. 57. Final Judgement

Vol. 33, No. 9, Pg. 57

The Colorado Lawyer
September 2004
Vol. 33, No. 9 [Page 57]

Departments
Appellate Practice
Final Judgement
by Andrew M. Low

Andrew M. Low is a partner in the firm of Davis Graham &amp Stubbs LLP, Denver - (303) 892-9400. Low heads the firm's appellate practice. This special department is published quarterly

One of Susan Victor's clients had given her two prime tickets for a September Broncos game, but at the last moment her husband couldn't go. Would I like to go, she inquired on Friday afternoon? Does the U.S. Supreme Court have nine justices? Does a complaint have numbered paragraphs? Of course I would like to go

Sunday dawned clear and cool - perfect weather for trouncing the Chargers. I picked up Susan and drove to the park-n-ride, where we caught a bus direct to the stadium. A river of fans carried us through the gates and the stadium concourse, then out to our seats in the lower level at the 35-yard line. I had just gotten settled when a middle-aged man plopped into the seat next to me. I turned to nod hello and immediately realized my neighbor was Tim Flegleman. I had seen Flegleman around the Denver metro area courts for years. He was willing to try any case, and he appealed when he lost, which was often.

Flegleman was elegantly outfitted for a Broncos game. He was wearing a white plastic bronco on his head and had painted his face in Broncos colors - blue on the left side and orange on the right. The Broncos logo was artfully painted on his forehead. He was wearing a John Elway jersey and was clutching an orange foam football. I nodded politely to him, and he responded, "Go Broncos!"

The first half went well, and Susan really got into the game. After a Broncos cornerback leaped and batted away a pass that would have been a San Diego touchdown, she stood up and roared along with the crowd, "In-com-plete."

By halftime, I had forgotten all about Flegleman, but he had not forgotten about us. As the fans around us got up to go for refreshments, Flegleman leaned past me and tapped Victor on the shoulder. "Excuse me, Susan," he said, "I wonder if I could ask your advice about an appeal."

There was something incongruous about discussing appellate practice with a man whose face was painted orange and blue, but Victor shrugged and said, "Sure, Tim, but only until the second half begins."

"Thanks, Susan." He sighed heavily and then continued, "I think I may have really messed up this time. I was about to notify my malpractice carrier, but I thought you might know of a...