Marriage of Navarro-Garfio
24CA0428
Colo. Ct. App.Mar 20, 2025Background
- Irma Felipa Navarro-Garfio filed for dissolution of marriage in Colorado, claiming a common law marriage with Susano Morales Lopez after a relationship from 2010 to 2022.
- Morales disputed the existence of a common law marriage and moved to dismiss the petition.
- A magistrate held a hearing, found orally that a common law marriage existed, but did not issue a signed, written order.
- Morales sought district court review of the magistrate’s ruling under C.R.M. 7; the district court adopted the magistrate’s finding.
- Morales then appealed to the Colorado Court of Appeals before permanent orders or a decree of dissolution were entered.
- The Court of Appeals questioned its jurisdiction and, after briefing, dismissed the appeal for lack of a final, appealable order.
Issues
| Issue | Navarro-Garfio's Argument | Morales Lopez's Argument | Held |
|---|---|---|---|
| Whether there is a final, appealable order before dissolution is resolved | No argument on this in record | The common law marriage finding is immediately appealable | Not immediately appealable; no final order |
| Whether a common law marriage finding is like a declaratory judgment | No evidence such claim was pled | The finding should be treated as a declaratory judgment | Not equivalent to declaratory judgment |
| Whether certification under C.R.C.P. 54(b) makes this order appealable | Not certified | Should be treated as certified or as in similar cases elsewhere | Not certified; so not appealable |
| Whether district court had jurisdiction to review magistrate’s oral ruling | N/A | Sought review despite no written order | Magistrate never entered a final, reviewable order |
Key Cases Cited
- Musick v. Woznicki, 136 P.3d 244 (Colo. 2006) (defines final judgment and the requirements for appealability)
- In re Marriage of Armstrong, 515 P.2d 1152 (Colo. App. 1973) (a finding of common law marriage is not a final order for appeal purposes)
- In re Marriage of Salby, 126 P.3d 291 (Colo. App. 2005) (district court’s order must end all issues to be appealable)
- Wolf v. Brenneman, 2024 CO 31 (Colo. 2024) (judgment not final until all claims are resolved)
- Kempter v. Hurd, 713 P.2d 1274 (Colo. 1986) (appealability requires all claims as to all parties to be resolved)
- Harding Glass Co. v. Jones, 640 P.2d 1123 (Colo. 1982) (C.R.C.P. 54(b) allows exception to final judgment rule if certified)