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Mark DuHall v. Michael Samuels, et al.

Paid petition · Supreme Court of Colorado, No. 2025SC547 · judgment September 10, 2025


Certiorari denied · May 18, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The question presented for review is whether the Colorado Courts of Appeals may dismiss an appeal pursuant to a court-made rule, C.A.R. 4(a), because the e-filed notice of appeal was filed at 12:02 am the day after the notice was due. The Courts of Appeal denied a motion to recall the mandate, and the Colorado Supreme Court denied a motion for an extension of time to file a petition out of time and dismissed the appeal on September 10, 2025.

Counsel of record

For petitioner
Mark DuHall

For respondent
Michael R. McCurdy
Fairfield and Woods, P.C.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 29 2026
    Rehearing DENIED.
  2. Jun 09 2026
    DISTRIBUTED for Conference of 6/25/2026.
  3. May 29 2026
    Petition for Rehearing filed.
  4. May 18 2026
    Petition DENIED.
  5. May 14 2026
    Reply of petitioner Mark DuHall filed.
  6. Apr 28 2026
    DISTRIBUTED for Conference of 5/14/2026.
  7. Apr 10 2026
    Brief of respondents Michael Samuels, et al. in opposition filed.
  8. Mar 18 2026
    Motion to extend the time to file a response is granted and the time is extended to and including April 10, 2026.
  9. Mar 13 2026
    Motion to extend the time to file a response from March 20, 2026 to April 10, 2026, submitted to The Clerk.
  10. Dec 09 2025
    Petition for a writ of certiorari filed. (Response due March 20, 2026)