that certain actions, including personal injury actions “arising out of the use or operation of a motor vehicle,” “shall be commenced within three years after the cause of action accrues, and not thereafter.” Gomez contended that section 2-4-108(2) applied to extend her statute of limitations to June 17 because it states: “If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday.” While the Gomez court noted that it is “tempting to give effect to both statutes by simply applying the language of section 2-4-108(2) to extend Gomez’s three-year limitations period — which ended on a Saturday — to the next date that was not a Saturday, Sunday, or legal holiday,” it resisted that temptation. The Court of Appeals found that “plain meaning” of the phrase “and not thereafter” in section 13-80-101 “is that the action cannot be filed after the three-year anniversary of the date the cause of action accrued.” In addition, the Gomez panel found that to read section 2-4-108(2) to extend this statute of limitations would either make the phrase “and not thereafter” redundant or read it out of section 13-80-101 completely. So, the Court of Appeals found that the statutes could not be harmonized and, because section 13-80-101 is more specific and enacted later, section 13-80-101 controls. In sum, lawyers and their clients now cannot wait until the next business day if their limitations period ends on a weekend or legal holiday. Instead, they must now either file on the weekend or holiday or file their case before the weekend or holiday. Otherwise, they risk having their case dismissed as untimely. Jacob Hollars, a partner in the Spencer Fane Denver office, is a litigator specializing in employment issues, real estate, special district and commercial matters. He can be reached at (303) 839-3707 and jhollars@spencerfane.com. In sum, lawyers and their clients now cannot wait until the next business day if their limitations period ends on a weekend or legal holiday. 9 Colorado Banker
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