Reisbeck, LLC, properly known as Reisbeck Subdivision, LLC, a Colorado limited liability company; and Robert A. Jersin, Plaintiffs-Appellants,
Arthur Reed Levis, All Unknown Persons claiming any interest in the subject property, and All Unknown Persons claiming an interest in the subject property as heirs of said Arthur Reed Levis, Defendants-Appellees
Adams County District Court No. 12CV1255. Honorable Edward C. Moss, Judge.
Law Offices of Zak & Pehr, P.C., David W. Pehr, Westminster, Colorado, for Plaintiffs-Appellants.
No Appearance for Defendants-Appellees.
Opinion by JUDGE HAWTHORNE. Dailey and Dunn, JJ., concur.
[¶1] In this quiet title action, plaintiffs, Reisbeck, LLC, properly known as Reisbeck Subdivision, LLC, a Colorado limited liability company, and Robert A. Jersin, appeal the district court's order denying Reisbeck's motion seeking relief under C.R.C.P. 60(a). We reverse and remand.
I. Facts and Procedural History
[¶2] Plaintiffs are the record owners of certain real property located in Adams County known as Reisbeck Subdivision (the property). Reisbeck owns an undivided eighty-five percent interest, and Jersin owns an undivided fifteen percent interest in the property.
[¶3] In 1947, defendant, Arthur Reed Levis, obtained a right-of-way across the property for a " rail spur." No rail spur was ever constructed on the property. To clear the record encumbrance created by the right-of-way, Reisbeck's counsel commenced an action under C.R.C.P. 105 to quiet title to the property in Reisbeck and Jersin against any claims of Levis, his unknown heirs, administrators, or assigns, and all unknown persons claiming any interest in the property. Jersin was joined as an involuntary party plaintiff. In the complaint and motions filed with the district court, Reisbeck's counsel erroneously named " Reisbeck, LLC" as a plaintiff in the action. " Reisbeck, LLC" does not exist in Colorado.
[¶4] Defendants were served by publication. No answers or other responsive pleadings were filed. Reisbeck's counsel moved for entry of default and filed a separate motion for default judgment. The judgment form that counsel submitted to the district court named " Reisbeck, LLC" as plaintiff. The district court granted the motions and entered default judgment in plaintiffs' favor. Based on the form Reisbeck's counsel submitted to it, the court quieted title to the property in Jersin, as to an undivided fifteen percent interest, and purported to quiet title in " Reisbeck, LLC," as to an undivided eighty-five percent interest.
[¶5] Following the judgment's entry, Reisbeck's counsel discovered that, as a result of his error, the court's judgment did not reflect Reisbeck's true name. Counsel then filed a motion under C.R.C.P. 60(a), seeking relief and requesting that the court amend the judgment and correct the misnomer. The district court denied the motion, stating that " [t]he request is contrary to the holding in Rainsberger v. Klein, 5 P.3d 351 (Colo. App. 1999)."
II. C.R.C.P. 60(a)
[¶6] Plaintiffs contend that the district court abused its discretion by denying Reisbeck's motion for relief under ...