(571 P.2d 318)
No. 76-804Colorado Court of Appeals.
Decided November 3, 1977.
From denial of motion to vacate a clerk’s default, defendant appealed.
Appeal Dismissed
1. JUDGMENT — Entry of Default — Not — Final. A clerk’s entry of default is not a final judgment.
Appeal from the District Court of the County of Arapahoe, Honorable Marvin W. Foote, Judge.
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Eric Pierson, for plaintiff-appellee.
James G. Johnson, for defendant-appellant.
Division I.
Opinion by JUDGE COYTE.
Defendant, ARAP, Incorporated, appeals from the denial of a motion to vacate the clerk’s default entered against it. We dismiss the appeal.
On application of plaintiff the clerk of the trial court entered a default. Defendant ARAP then moved to have the default set aside. In refusing to do so the court stated: “All there is to this point is a default, not a default judgment . . . . No, it’s to be reset [on the issue of damages] upon notice.”
[1] C.A.R. 1 provides that an appeal may be taken from a final judgment. A default is not a final judgment. As stated in Vandy’s, Inc. v. Nelson, 130 Colo. 51, 273 P.2d 633: ” ‘A final judgment is one which ends the particular action in which it is entered, leaving nothing further for the court pronouncing it to do in order to determine the rights of the parties thereto involved in that suit.’ ” While the trial court stated, “You may have 30 days to file notice of appeal if you wish to pursue it,” that still does not make the court’s ruling an appealable order. Trans Central Airlines, Inc. v. Peter J. McBreen Associates, Inc., 31 Colo. App. 71, 497 P.2d 1033. The amount of damage, if any, has yet to be determined.Appeal dismissed.
JUDGE ENOCH and JUDGE VAN CISE concur.
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