Neither Briefed Nor Argued
| Publication year | 2009 |
| Pages | 87 |
| Citation | Vol. 38 No. 9 Pg. 87 |
2009, September, Pg. 87. Neither Briefed Nor Argued
September 2009
Vol. 38, No. 9 [Page 87]
About the Author
Andrew M. Low is a partner in the firm of Davis Graham & Stubbs LLP, Denver-(303) 892-9400, andrew.low@dgslaw.com. Low heads the firm's appellate practice. Appellate Practice articles are published quarterly.
It was one of those perfect days that seem to be reserved for late September. The sky was achingly blue, with no afternoon storm clouds. The air was cool and refreshing, but it was comfortably warm in the Colorado sunshine. Although a few yellow leaves hinted at fall, the cold weather was still several weeks away.
I had just finished an hour-long hearing in Denver District Court in a case that one side or the other was sure to appeal. I had asked Susan Victor to attend the hearing and advise me about preserving my record for appeal. As we walked back toward the shuttle buses on Denver's 16th Street Mall, we passed The Courthouse Steps, my favorite downtown lunch place. I had planned to go straight back to the office, but the smell of fresh coffee from the outdoor tables begged me to stop and enjoy the weather for just a few minutes. Although it was mid-afternoon, Victor didn't object. We were quickly escorted to a table for four outside on the terrace. The waiter scooped up the two extra place settings and took our orders. Victor ordered an espresso, and I asked for the house blend coffee, black.
As we soaked up the sunshine and waited for our orders, we talked about the hearing, which had gone better than we expected but not as well as we hoped. I could hear other voices from tables all around me, and it gradually dawned on me that one voice sounded familiar. I turned and found myself looking at Tim Flegleman, who was sharing a small table with Amy Krasner, a prominent plaintiffs' employment lawyer. I knew they had been dating and was happy to see they were still together.
Flegleman waved, and Victor motioned for them to join us. They took the two empty chairs at our table. As they sat down, I noticed they exchanged a glance and a shy smile.
"I undertand that congratulations are in order, Tim," Victor said.
Startled, I stole a quick look at Krasner's left hand, but there was no engagement ring.
"Thanks, Susan," Flegleman said without much enthusiasm. "My clients are delighted."
I must have looked puzzled, because Victor turned to me and explained, "Tim got a great decision from the Court of Appeals last week. In a published opinion, the court struck down...
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