Opinion
Dec. 26, 1973.
Editorial Note:
This case has been marked 'not for publication' by the court.
Gary L. Calder, Aurora, for plaintiffs-appellants.
Danny Lee English, Denver, for defendants-appellees Gaetan Pelletier and Nancy J. Pelletier.
SILVERSTEIN, Chief Judge.
Plaintiffs obtained a judgment against defendants, Gaetan and Nancy Pelletier, which vested title and possession of certain real property in plaintiffs, terminated a contract, and awarded plaintiffs $3500 damages. Prior to the entry of the judgment, a default was entered against the Pelletiers. The Pelletiers filed a motion to set aside that part of the judgment awarding damages. The motion was granted, and plaintiffs appeal from that order.
The order of the trial court setting aside its former judgment is not a final order; therefore the present appeal is premature. Schtul v. Christ, 132 Colo. 293, 287 P.2d 661. The only proper procedure to secure review of an order setting aside a default judgment is by appeal after final judgment. General Aluminum Corp. v. Arapahoe County District Court, 165 Colo. 445, 439 P.2d 340. C.A.R. 1(a)(1).
Appeal dismissed.
SMITH and RULAND, JJ., concur.