Wolf v. Brenneman.

2024 CO 31. No. 22SC682. CRCP 54(b)—No Just Reason for Delay—Allison v. Engel.

May 20, 2024

The Supreme Court emphasized that Colorado Rule of Civil Procedure 54(b) gives trial courts discretion to certify a ruling on any subset of claims as “final” when there is “no just reason for delay[ing]” an appeal of that subset of claims. In doing so, the Court overruled the decision of the court of appeals in Allison v. Engel, 2017 COA 43, 395 P.3d 1217. That decision had inappropriately narrowed the applicability of Rule 54(b) and a division of the court of appeals in this case followed that narrow approach.

Thus, the Court vacated the division’s judgment and remanded to the court of appeals to determine whether the facts of this case indicate that the trial court abused its discretion by certifying Wolf’s claims as final under CRCP 54(b).