Court of Appeals of Colorado
228 P.3d 267 (Colo. App. 2010)
Larry Farr (plaintiff) was married to Joy Farr (defendant) for 30 years. The marriage ended in divorce. Approximately four years later, in 2003, Larry told Joy that he was terminally ill and would die within a few years. As a result, Joy agreed to remarry Larry solely because she did not want him to die alone. The couple remarried in 2004. In 2007, Larry filed for another divorce. Joy counterclaimed for a declaration that the second marriage was invalid, arguing that Larry had committed fraud when he told her that he was terminally ill. At trial, the parties presented conflicting evidence regarding the seriousness of Larry’s illness. Larry also argued that his statements surrounding the illness were innocent misrepresentations. The trial court found Joy’s testimony more credible and ruled in her favor, declaring the marriage invalid. Larry appealed.
Rule of Law
Holding and Reasoning (Graham, J.)
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