Free Notice (Other) - District Court of Colorado - Colorado

Case 1:03-cv-02504-REB-CBS

Document 98

Filed 08/02/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02504-REB-CBS PETER HORNICK, an individual, Plaintiff, vs. GARY BOYCE, and JOANNE BOYCE, individuals Defendants/Counterclaimants

NOTICE OF ERRATA RE: DEFENDANTS'/COUNTERCLAIMANTS' PROPOSED FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER

Defendants/Counterclaimants Gary Boyce and Joanne Boyce (collectively, "Boyce"), through their undersigned attorneys respectfully notify the Court of a typographical error in ¶67 of Defendants'/Counterclaimants' Proposed Findings of Fact, Conclusions of Law, and Judgment ("Proposed Findings of Fact"), which was filed with the Court on July 31, 2006. Paragraph 67 of the Proposed Findings of Fact currently reads: "67. Hornick argues that the Boyces failed to perform under the Option Agreement because they demanded `certain releases and indemnities not required by the Option.' Complaint, ¶ 11. Upon review of the Option Agreement, the Court finds that there is not a single provision in the document that can reasonably be construed as a release or an indemnification by Brupbacher in favor of the Boyces."

Case 1:03-cv-02504-REB-CBS

Document 98

Filed 08/02/2006

Page 2 of 3

However, paragraph 67 should read: "67. Hornick argues that the Boyces failed to perform under the Option Agreement because they demanded `certain releases and indemnities not required by the Option.' Complaint, ¶ 11. Upon review of the Boyces' Assignment, the Court finds that there is not a single provision in the document that can reasonably be construed as a release or an indemnification by Brupbacher in favor of the Boyces."

Dated this 2nd day of August, 2006.

Respectfully submitted, HALE FRIESEN, LLP Original signature on file at the offices of Hale Friesen, LLP By: /John G. Lubitz/ Allan L. Hale (#14885) John G. Lubitz (#20108) Scott A. Hyman (#29510) 1430 Wynkoop Street, Suite 300 Denver, Colorado 80202-6171 (720) 904-6000 Attorneys for Defendants/Counterclaimants

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Case 1:03-cv-02504-REB-CBS

Document 98

Filed 08/02/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of August, 2006, I caused a true and correct copy of the foregoing NOTICE OF ERRATA RE: DEFENDANTS'/COUNTERCLAIMANTS' PROPOSED FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER to be served electronically via CM/ECF System, addressed to:

Erich Schwiesow, Esq. Helen Sigmond, Esq. 311 San Juan Avenue P.O. Box 1270 Alamosa, CO 81101-7195

/Ann Whitney Grossmann/

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