SMLL, L.L.C. v. Peak National Bank

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a statute of limitations defense may be raised in a motion to dismiss where the complaint shows that claims were brought outside the limitations period
• holding that a statute of limitations defense may be raised in a motion to dismiss where the complaint shows that claims were brought outside the limitations period
• “Absent a specific statutory provision, Colorado law does not allow for the tolling of a statute of limitations during the pendency of a prior action.”
• “However, § 13-80- 111 does not apply where the original action is dismissed for reasons other than lack of jurisdiction or improper venue.” (citing Nguyen v. Swedish Med. Ctr., 890 P.2d 255 (Colo. App. 1995))

Source: CourtListener parenthetical corpus (CC0).