Chapter 5 - § 5.3 • JUDGMENT AFFECTING FEWER THAN ALL PARTIES OR ALL CLAIMS

• Jurisdiction: Colorado

§ 5.3 • JUDGMENT AFFECTING FEWER THAN ALL PARTIES OR ALL CLAIMS

C.R.C.P. 54(b) permits a trial court to designate its order final for purposes of appeal if (1) the order resolves an entire claim for relief as to at least one party; (2) the order is an ultimate disposition of that claim; and (3) the trial court determines that there is no just reason for delay. Harding Glass Co. v. Jones, 640 P.2d 1123, 1125-26 (Colo. 1982); Carothers v. Archuleta County Sheriff, 159 P.3d 647, 651 (Colo. App. 2006); Pham v. State Farm Mut. Auto. Ins. Co., 70 P.3d 567, 571 (Colo. App. 2003).

However, a trial court's determinations on the first two requirements are not binding on an appellate court; but the trial court's determination on the third requirement — whether there was "no just reason for delay" — is committed to the trial court's discretion. E. Cherry Creek Valley Water & Sanitation Dist., ¶ 11; Carothers, 159 P.3d at 651; Seefried v. Hummel, 148 P.3d 184, 188 (Colo. App. 2005).

Examples of orders that may be considered final for purposes of appeal under C.R.C.P. 54(b) are:

• An order determining ownership of one party in real estate, Bd. of County Comm'rs v. Anderson, 525 P.2d 478, 480 (Colo. App. 1974), aff'd sub nom. Anderson v. Union P. R. Co., 534 P.2d 1201 (Colo. 1975);
• An order awarding possession, but not deciding damages, in a forcible entry and detainer action, Sun Valley Dev. Co. v. Paradise Valley Country Club, 663 P.2d 628, 629 (Colo. App. 1983);
• An order granting partial summary judgment, Mt. Hawley Ins. Co. v. Casson Duncan Constr., Inc., 2016 COA 164, ¶ 5 (insurance dispute); McDonald v. Zions First Nat'l Bank, N.A., 348 P.3d 957, 963 (Colo. App. 2015) (order dismissing claims for breach of contract and breach of implied covenant of good faith and fair dealing); Pham, 70 P.3d at 571 (tortious breach of insurance contract claim); and
• An order authorizing a receiver to sell assets. Colo. Cmty. Bank v. Hoffman, 338 P.3d 390, 394-95 (Colo. App. 2013).

Examples of orders that do not meet the requirements of C.R.C.P. 54(b), and, absent the applicability of another exception to the final judgment rule, cannot be appealed before the conclusion of the entire trial, are:

• An order denying a motion to dismiss a claim, Carothers, 159 P.3d at 651;
• An order denying class certification, Soto v. Progressive Mountain Ins. Co., 181 P.3d 297, 300 (Colo. App. 2007);
• An order determining liability of a party, but not damages, Ball Corp. v. Loran, 596 P.2d

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