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Board of County Commissioners v. Winslow

Colorado Court of Appeals
Aug 25, 1983
679 P.2d 1089 (Colo. App. 1983)

Opinion

No. 82CA0417

Decided August 25, 1983. Rehearing Denied October 27, 1983. Certiorari Granted April 9, 1984.

Appeal from the District Court of Morgan County Honorable Dean Johnson, Judge

E. Ord Wells, for petitioners-appellees.

Rainsford J. Winslow, pro se.

Division I.


Rainsford Winslow appeals the trial court's injunction which prevents him from "filing as plaintiff any further actions in the District Court . . . wherein he appears pro se . . . ." We reverse the judgment of the trial court granting the permanent injunction because we hold that sole jurisdiction relative to this issue is vested in the Colorado Supreme Court.

Our Supreme Court's power to issue injunctions against pro se plaintiffs derives from and "is based upon Article VI, Section 2(1) of the Colorado Constitution which vests [the Supreme Court] with general superintending power over all inferior state courts." Board of County Commissioners v. Barday, 197 Colo. 519, 594 P.2d 1057 (1979). The authority to hear matters dealing with injunctions against abuse of the judicial process by a pro se litigant rests exclusively with the Supreme Court. See, e.g., Board of County Commissioners v. Howard, 640 P.2d 1128 (Colo. 1982); People v. Dunlap, 623 P.2d 408 (Colo. 1981); Board of County Commissioners v. Barday, supra. Thus, we conclude that the trial court was without jurisdiction to issue the injunction.

Judgment reversed.

JUDGE SMITH and JUDGE VAN CISE concur.


Summaries of

Board of County Commissioners v. Winslow

Colorado Court of Appeals
Aug 25, 1983
679 P.2d 1089 (Colo. App. 1983)
Case details for

Board of County Commissioners v. Winslow

Case Details

Full title:The Board of County Commissioners of Morgan County, Colorado…

Court:Colorado Court of Appeals

Date published: Aug 25, 1983

Citations

679 P.2d 1089 (Colo. App. 1983)

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