In re the Marriage of Frank Sinkovich, Appellant, and Christa Sinkovich, Appellee. No. 90CA1241Colorado Court of Appeals. Decided February 13, 1992. Rehearing Denied April 9, 1992. Appeal from the District Court of El Paso County Honorable Gilbert A. Martinez, Judge. Page 1102 J. Tyler Makepeace, for Appellant. Warren, Mundt Martin, P.C., Thomas G. Martin, for […]
Category: Colorado Court Opinions
HALL v. DENVER, 117 Colo. 508 (1948)
190 P.2d 122 HALL ET AL. v. CITY AND COUNTY OF DENVER ET AL. No. 15,880.Supreme Court of Colorado. Decided February 9, 1948. Rehearing denied March 1, 1948. An action in the nature of mandamus involving the refusal of the election commission of Denver to approve and certify an initiated measure to the electorate of […]
KING’S MILL HOMEOWNERS v. WESTMINSTER, 192 Colo. 305 (1976)
557 P.2d 1186 King’s Mill Homeowners Association, Inc., a Colorado nonprofit corporation; Arbor Green Townhomes Association, Inc., a Colorado nonprofit corporation; Lake Arbor Homeowners Association, Inc., a Colorado nonprofit corporation; Pomona Lake Homeowners Association, Inc., a Colorado nonprofit corporation; The City of Arvada, Colorado, a municipal corporation; Joseph E. Casselman; Janice R. Mellberg; Roy Lee […]
POUDRE VALLEY RURAL ELECTRIC v. LOVELAND, 807 P.2d 547 (Colo. 1991)
Poudre Valley Rural Electric Association, Inc., a Colorado nonprofit corporation, Plaintiff-Appellee, v. City of Loveland, a Colorado municipal corporation, Defendant-Appellant, and United States of America, Department of Agriculture, Rural Electrification Administration; and National Rural Utilities Cooperative Finance Corporation, a District of Columbia corporation, Third-Party Defendants-Appellees. No. 90SA26Supreme Court of Colorado. Decided March 18, 1991. Rehearing […]
AMERICAN NAT. v. FIRST NAT., 130 Colo. 557 (1954)
(277 P.2d 951) AMERICAN NATIONAL BANK OF DENVER v. FIRST NATIONAL BANK OF DENVER ET AL. No. 17,267.Supreme Court of Colorado. Decided December 20, 1954. An action by one bank against another, involving liability on bank checks. Judgment of dismissal. Affirmed in Part. Reversed in Part. 1. BANKS AND BANKING — Depositors — Relationship. It […]
PEOPLE v. HARTKEMEYER, 843 P.2d 92 (Colo.App. 1992)
The People of the State of Colorado, Plaintiff-Appellee, v. Daniel R. Hartkemeyer, Defendant-Appellant. No. 91CA0304Colorado Court of Appeals. Decided July 2, 1992. Rehearing Denied August 20, 1992. Certiorari Denied January 11, 1993 (92SC539). Appeal from the District Court of Grand County Honorable Richard P. Doucette, Judge. Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief […]
HURSCH v. HURSCH, 70-593 (Colo.App. 12-28-1971)
492 P.2d 860 Helen B. HURSCH, Plaintiff-Appellant, v. Jack L. HURSCH, Defendant-Appellee. No. 70-593.Colorado Court of Appeals. Division I. December 28, 1971. Not Selected for Official Publication [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Wife brought suit against divorced husband for expenses and attorney’s fees, incurred in returning children from […]
PEOPLE v. WEISS, 717 P.2d 511 (Colo.App. 1985)
The People of the State of Colorado, Plaintiff-Appellee, v. Jeffry Weiss, Defendant-Appellant. No. 84CA0748Colorado Court of Appeals. Decided November 7, 1985. Rehearing Denied December 5, 1985. Certiorari Denied March 31, 1986 (86SC5). Appeal from the District Court of Boulder County Honorable Richard C. McLean, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]
RINEHART v. IND. COMMISSION, 719 P.2d 729 (Colo.App. 1986)
Robert Rinehart, Petitioner, v. The Industrial Commission of the State of Colorado; Division of Labor; Northeastern Junior College, and State Compensation Insurance Fund, Respondents. No. 85CA0367Colorado Court of Appeals. Decided March 27, 1986. Rehearing Denied April 24, 1986. Review of Order from the Industrial Commission of the State of Colorado Page 730 Richard T. Goold, […]
MILITELLO v. PEOPLE, 95 Colo. 519 (1934)
37 P.2d 527 MILITELLO v. THE PEOPLE. No. 13,381.Supreme Court of Colorado. Decided October 29, 1934. Rehearing denied November 19, 1934. Plaintiff in error was convicted of arson. Affirmed. 1. CRIMINAL LAW — Arson — Proof. In prosecutions for arson the rule as to proof of corpus delicti and intent is the same as in […]
IN RE CLAIM OF ORR, 716 P.2d 1106 (Colo. 1986)
In the Matter of the Claim of: Curtis W. Orr, Petitioner, v. Industrial Commission of the State of Colorado, Charles McGrath, Director of the Division of Labor, Delta County and/or Colorado Department of Corrections, and State Compensation Insurance Fund, Respondents. No. 84SC270Supreme Court of Colorado. Decided March 31, 1986. Rehearing Denied May 5, 1986. Certiorari […]
SCHTUL v. CHRIST, 132 Colo. 293 (1955)
(287 P.2d 661) MORRIS SCHTUL v. PETER N. CHRIST. No. 17,537.Supreme Court of Colorado. Decided September 12, 1955. Rehearing denied October 3, 1955. The trial court set aside a default judgment and the plaintiff brings error. Writ of Error Dismissed. 1. APPEAL AND ERROR — Default — Final Judgment. An order of the trial court […]
FLEMING v. SINGER, 168 Colo. 195 (1969)
(450 P.2d 635) Fleming and Pattridge, formerly Fleming, Miller and Pattridge v. Helen M. Singer, Administratrix of the Estate of Palmer Jules Singer, also known as P. Jules Singer, also known as Jules Singer, Deceased. No. 22265.Supreme Court of Colorado. Decided February 17, 1969. Rehearing denied March 10, 1969. From a judgment of the trial […]
METRO. ASSN. v. COLO. DIST., 148 Colo. 173 (1961)
(365 P.2d 273) METROPOLITAN SUBURBAN WATER USERS ASSOCIATION, ET AL. v. COLORADO RIVER WATER CONSERVATION DISTRICT, ET AL. No. 18,855.Supreme Court of Colorado. Decided October 2, 1961. October 23, 1961, Opinion modified and petitions for rehearing denied. From decrees entered in water adjudication proceeding, claimants bring error. Affirmed in Part, Reversed in Part. 1. WATER […]
LARSON v. POUDRE VALLEY BANK, 108 Colo. 58 (1941)
113 P.2d 686 ESTATE OF LARSON. LARSON v. POUDRE VALLEY NATIONAL BANK OF FORT COLLINS, ADMINISTRATOR ET AL. No. 14,802.Supreme Court of Colorado. Decided May 12, 1941. A proceeding involving allowance of a claim against the estate of a deceased person. Claim dismissed. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — Claims — Proof. To support a […]
IN RE MARRIAGE OF LORENZO, 721 P.2d 155 (Colo.App. 1986)
In re the Marriage of: Candace S. Lorenzo, Appellant, and Louis R. Lorenzo, Appellee. No. 85CA1089Colorado Court of Appeals. Decided May 1, 1986. Appeal from the District Court of Adams County Honorable Philip F. Roan, Judge Page 156 Sonheim, Helm Less, Daniel P. Powell, for Appellant. No Appearance for Appellee. Division III. Opinion by JUDGE […]
PASSE v. MITCHELL, 161 Colo. 501 (1967)
(423 P.2d 17) Albert B. Passe v. George Mitchell, The Board of County Commissioners of Jefferson, and The Jefferson County Health Department. No. 21364.Supreme Court of Colorado. Decided January 30, 1967. Action seeking injunction, damages and relief in the nature of mandamus to compel performance of alleged official duties. From dismissal of action and the […]
BJORKQUIST v. BJORKQUIST, 97 Colo. 575 (1935)
51 P.2d 1181 BJORKQUIST v. BJORKQUIST. No. 13,631.Supreme Court of Colorado. Decided November 12, 1935. Rehearing denied December 2, 1935. Judgment in favor of the husband in a separate maintenance suit by the wife and cross suit for divorce by the husband, affirmed in department without written opinion, MR. CHIEF JUSTICE BUTLER, MR. JUSTICE CAMPBELL […]
VAIL AIRWAYS v. PUB. UTIL., 169 Colo. 500 (1969)
(458 P.2d 74) Vail Airways, Inc. v. The Public Utilities Commission of the State of Colorado, Vest Aircraft and Finance Company, and Atlas Aviation, Inc. No. 23595.Supreme Court of Colorado. Decided August 25, 1969. Rehearing denied September 15, 1969. From judgment affirming an order of the Public Utilities Commission approving the transfer of a certificate […]
CLARK v. DISTRICT COURT, 668 P.2d 3 (Colo. 1983)
Stephan D. Clark, Petitioner, v. District Court, Second Judicial District, City and County of Denver; Daniel B. Sparr, one of the judges thereof; Estates of Sailas, Respondents. No. 83SA182Supreme Court of Colorado. Decided August 29, 1983. Page 4 Original Proceeding Page 5 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
WITT v. WESTWOOD, 117 Colo. 454 (1948)
189 P.2d 716 WITT v. CITY OF WESTWOOD ET AL. No. 15,885.Supreme Court of Colorado. Decided February 2, 1948. A proceeding involving the annexation of territory to the City and County of Denver. The trial court ordered that the City of Westwood be dissolved, and that the territory included within its boundaries be annexed to, […]
SPOSATO v. HEGGS, 123 Colo. 553 (1951)
(233 P.2d 385) SPOSATO v. HEGGS ET AL. No. 16,500.Supreme Court of Colorado. Decided May 21, 1951. Rehearing denied June 25, 1951. An action for damages for false representations. Judgment for plaintiffs. Reversed. 1. TRIAL — Damages — Instructions. In an action for damages for false representations growing out of the sale of a truck […]
IN RE EST. OF BARNES, 41 Colo. App. 246 (1978)
(586 P.2d 238) In the Matter of the Estate of Hazel Taylor Barnes, a/k/a Hazel Barnes, deceased, Thomas Clay Taylor and Robert Lane Taylor, as executors and individually v. L. E. Barnes No. 77-466Colorado Court of Appeals. Decided August 3, 1978. Rehearing denied August 31, 1978. Certiorari denied November 13, 1978. Relying upon waiver provision […]
PEOPLE v. MATA, 56 P.3d 1169 (Colo.App. 2002)
The People of the State of Colorado, Plaintiff-Appellee, v. Frank R. Mata, Defendant-Appellant. No. 00CA0923Colorado Court of Appeals. March 28, 2002 As Modified on Denial of Rehearing May 16, 2002. Certiorari Denied October 21, 2002. Pueblo County District Court No. 99CR0183; Honorable Victor I. Reyes, Judge. Page 1170 JUDGMENT AND SENTENCE AFFIRMED AND CASE REMANDED […]
NUNN v. MID-CENTURY INS. CO., 244 P.3d 116 (Colo. 2010)
Nicole NUNN, Petitioner v. MID-CENTURY INSURANCE COMPANY, a California Corporation, Respondent. No. 09SC195.Supreme Court of Colorado. November 22, 2010. As Modified on Denial of Rehearing January 10, 2011.[*] [*] Justice Rice, Justice Coats, and Justice Eid would grant the Petition. Justice Marquez does not participate. Appeal from the District Court, City and County of Denver, […]
HANE v. TUBMAN, 899 P.2d 332 (Colo.App. 1995)
Kristina Hane, a minor, by and through her mother and next friend, Martha Jabalera, Plaintiff-Appellant and Cross-Appellee, v. Gary Tubman, D.D.S., Defendant-Appellee and Cross-Appellant. No. 94CA0664Colorado Court of Appeals. Decided May 4, 1995 Petition for Rehearing DENIED June 14, 1995 Page 333 Appeal from the District Court of Moffat County Honorable Richard P. Doucette, Judge […]
BOARD OF COUNTY COMMISSIONERS v. COLLARD, 827 P.2d 546 (Colo. 1992)
The Board of County Commissioners of the County of Arapahoe, a Colorado county, Plaintiff-Appellant, v. E.C. Collard; Charles Richard Collard; David J. Collard; Thomas E. Collard; Collard Land Company; Union Park Pool Association; Joseph P. Vader; Louis F. Van Tuyl; Raymond P. Van Tuyl; Joan Blumel; and all unknown persons who may claim an interest […]
PEOPLE v. McKINSTREY, 852 P.2d 467 (Colo. 1993)
The People of the State of Colorado, Plaintiff-Appellant, v. Steven McKinstrey, Defendant-Appellee. No. 92SA374Supreme Court of Colorado. Decided June 7, 1993. Interlocutory Appeal from the District Court, Grand County Honorable Richard P. Doucette, Judge Page 468 Paul R. McLimans, District Attorney, Fourteenth Judicial District, Cynthia J. Kowert, Deputy District Attorney, for Plaintiff-Appellant. Dixon and Snow, […]
PEOPLE v. ORTEGA, 181 Colo. 223 (1973)
(508 P.2d 784) The People of the State of Colorado v. Daniel Ortega No. 24839Supreme Court of Colorado. Decided April 16, 1973. Defendant was convicted of forgery and appealed. Affirmed 1. CRIMINAL LAW — Counsel — Photographic Identification — Right — Negative. There is no right to counsel at photographic identifications, particularly prior to the […]
MERRIL LYNCH v. DISTRICT COURT, 672 P.2d 1015 (Colo. 1983)
Merrill Lynch, Pierce, Fenner Smith, Inc., a Delaware corporation, Petitioner, v. The District Court in and for the City and County of Denver, State of Colorado, and The Honorable Clifton A. Flowers, one of the Judges thereof, Respondents. No. 83SA343Supreme Court of Colorado. Decided December 5, 1983. Original Proceeding Weinshienk, Miller, Borus and Permut, James […]
SIGMAN v. SEAFOOD LIMITED PARTNERSHIP I, 817 P.2d 527 (Colo. 1991)
Curtis Sigman, by and through his heirs, Kris Sigman, Recil Sigman, Mary Sigman, and Kathy Kacal, Plaintiffs-Appellants, v. Seafood Limited Partnership I and Seafood Enterprises, Inc., Defendants-Appellees. No. 90SA376Supreme Court of Colorado. Decided September 16, 1991. Appeal from the District Court, City and County of Denver Honorable Robert S. Hyatt, Judge. Page 528 Jeffrey R. […]
PEOPLE IN INTEREST OF A.H., 736 P.2d 425 (Colo.App. 1987)
The People of the State of Colorado, Petitioner-Appellee, In the Interest of: A.H., a Child, And Concerning: L.H., Respondent-Appellant. No. 86CA0141Colorado Court of Appeals. Decided March 12, 1987. Appeal from the District Court of Montezuma County Honorable Robert R. Wilson, Judge Page 426 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard […]
CHERRY CREEK SCHOOL v. VOELKER, 859 P.2d 805 (Colo. 1993)
Cherry Creek School District #5; Victoria Anne Timm, f/k/a Vicky Vosbeck; and Chris Walling, v. Petitioners, Jennifer J. Voelker, a minor by her next friends, Gary E. and Shirley A. Voelker; and Gary E. Voelker and Shirley A. Voelker, Respondents. No. 92SC444Supreme Court of Colorado. Decided September 27, 1993 Certiorari to the Colorado Court of […]
WESTPAC v. RESIDENCES AT LITTLE NELL DEV., 10CA0363 (Colo.App. 10-13-2011)
Westpac Aspen Investments, LLC, a Colorado limited liability company, Plaintiff-Appellee, v. Residences at Little Nell Development, LLC, a Delaware limited liability company; Aspen Land Fund, LLC; CWA Development, LLC; Centurion Partners Aspen, LLC; Centurion Partners, LLC; Whitehall Street Global Real Estate Limited Partnership 2001; Whitehall Parallel Global Real Estate Limited Partnership 2001; and W2001 Nell […]
ROWLAND v. THEOBALD, 159 Colo. 1 (1965)
(409 P.2d 272) Waid W. Rowland, et al., Petitioners, v. Robert A. Theobald, Respondent. No. 21977Supreme Court of Colorado. Decided December 27, 1965. Original proceeding in certiorari pertaining to election contest. From judgment of district court affirming ruling of county court which dismissed action for lack of jurisdiction, petitioners brought this proceeding. Reversed and Remanded […]
BATTERMAN v. WELLS FARGO, 802 P.2d 1112 (Colo.App. 1990)
Neal Batterman, Clarice Batterman, Garold Batterman, Robert Batterman, and Batterman and Sons, Ltd., a Nebraska corporation, Plaintiffs-Appellants, v. Wells Fargo Ag Credit Corp., a California corporation, Defendant-Appellee. No. 89CA0135Colorado Court of Appeals. Decided April 19, 1990. Opinion Modified, and as Modified Rehearing Denied June 14, 1990. Certiorari Denied December 24, 1990 (90SC410). Appeal from the […]
IN RE MARRIAGE OF JARAMILLO, 37 Colo. App. 171 (1975)
(543 P.2d 1281) In re the Marriage of Jose R. D. Jaramillo and Virginia Jaramillo No. 75-323Colorado Court of Appeals. Decided December 4, 1975. Permanent custody of children was granted to wife subsequent to dissolution of marriage proceedings, and the husband appealed. Judgment Set Aside 1. PARENT AND CHILD — Child Custody Proceedings — Trial […]
IN RE MARRIAGE OF FOSS, 30 P.3d 850 (Colo.App. 2001)
In re the Marriage of Cynthia C. Foss, Appellant, and Joseph W. Foss, Appellee. No. 00CA0372Colorado Court of Appeals. July 5, 2001 Douglas County District Court No. 95DR524, Honorable Thomas J. Curry, Judge. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Page 851 John Kokish, P.C., John Kokish, Joanne Crebassa, Castle Rock, CO, for Appellant Law […]
PEOPLE v. RICKSTREW, 961 P.2d 1139 (Colo.App. 1998)
The People of the State of Colorado, Plaintiff-Appellee, v. Larry G. Rickstrew, Defendant-Appellant. No. 97CA1298Colorado Court of Appeals. June 11, 1998 Appeal from the District Court of Mesa County, Honorable Charles A. Buss, Judge, No. 96CR477 ORDER TO SHOW CAUSE DISCHARGED; APPEAL DISMISSED Page 1140 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy […]
PREISSER v. SMITH CATTLE, 190 Colo. 243 (1976)
(545 P.2d 711) In the Matter of the Application for Water Rights of Rodney J. Preisser and Diane Preisser: Rodney J. Preisser and Diane Preisser v. Smith Cattle, Inc. and George S. Reid No. 26830Supreme Court of Colorado. Decided February 2, 1976. Appeal from a water court decree which awarded 14 water wells not to […]
NEW YORK CO. v. WEST, 102 Colo. 591 (1938)
82 P.2d 754 NEW YORK LIFE INSURANCE COMPANY v. WEST. No. 14,228.Supreme Court of Colorado. Decided March 14, 1938. On rehearing, judgment reversed July 11, 1938. Petition of defendant in error for rehearing denied September 19, 1938. Suit on a life insurance policy containing a double indemnity clause with the condition that double indemnity should […]
PEOPLE v. TENBRINK, 06PDJ051 (Colo.P.D.J. 7-21-2006)
People v. Tenbrink No. 06PDJ051Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. July 21, 2006 People v. Tenbrink. 06PDJ051. July 21, 2006. Attorney Regulation. The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Respondent Cory Burton Tenbrink (Attorney Registration No. 28100) from the practice […]
CORDILLERA CORP. v. HEARD, 41 Colo. App. 537 (1978)
(592 P.2d 12) Cordillera Corporation, a Utah corporation v. John W. Heard No. 78-576Colorado Court of Appeals. Decided November 30, 1978. Rehearing denied December 28, 1978. Certiorari granted March 19, 1979. In action relative to lease, the court held that it had no jurisdiction because of a mandatory arbitration provision in the lease, and defendant […]
PEOPLE v. GARCIA, 799 P.2d 413 (Colo.App. 1990)
The People of the State of Colorado, Plaintiff-Appellee, v. Pete Garcia, Defendant-Appellant. No. 89CA0365Colorado Court of Appeals. Decided April 26, 1990. Opinion Modified, and as Modified Rehearing Denied June 7, 1990. Certiorari Granted October 29, 1990. Certiorari Granted on the following issues: Whether the court of appeals erred in reversing and remanding to the trial […]
McMAHON v. DENVER WATER BOARD, 780 P.2d 28 (Colo.App. 1989)
Michael T. McMahon, Plaintiff-Appellant, v. Denver Water Board, a body politic and the Board of Commissioners, thereof, Defendants-Appellees. No. 88CA0244Colorado Court of Appeals. Decided April 20, 1989. Certiorari Denied September 5, 1989 (89SC279). Rehearing Denied May 4, 1989. Appeal from the District Court of the City and County of Denver Honorable Connie L. Peterson, Judge […]
LORRAINE CO. v. ALLEN CO., 77 Colo. 156 (1925)
234 P. 1055 LORRAINE MANUFACTURING CO. v. ALLEN MANUFACTURING CO. No. 11,051.Supreme Court of Colorado. Decided April 6, 1925. Action for damages for breach of warranty. Judgment for plaintiff. Affirmed. 1. SALES — Warranty. Where material was sold for the manufacture of specific articles, which the seller knew, under the facts disclosed it is held […]
GREEN v. HARTEL-GREEN, 761 P.2d 222 (Colo.App. 1988)
Charles F. Green, Jr., Plaintiff-Appellee, v. Sandra Hartel-Green, a/k/a Sandra H. Green, Defendant-Appellant, and In re the Marriage of: Sandra H. Green, n/k/a Sandra Hartel-Green, Petitioner, Charles F. Green, Jr., Respondent. No. 85CA0817Colorado Court of Appeals. Decided January 21, 1988. Opinion Modified, and As Modified, Rehearing Denied March 10, 1988. Certiorari Denied September 12, 1988 […]
REAVIS v. STOCKEL, 120 Colo. 82 (1949)
208 P.2d 94 REAVIS ET AL. v. STOCKEL ET AL. No. 16,132.Supreme Court of Colorado. Decided May 16, 1949. Rehearing denied July 11, 1949. An action in replevin. Judgment for plaintiffs. Affirmed. 1. REPLEVIN — Actions — Title. Under pertinent rules of civil procedure, a plaintiff in replevin must show that he is the owner […]
JENSEN v. CITY AND COUNTY OF DENVER, 806 P.2d 381 (Colo. 1991)
Jon Chris Jensen and Robert Roome, Plaintiffs-Appellants, v. The City and County of Denver, a municipal corporation; The City Council, City and County of Denver, and all members thereof, Federico Pena, Mayor of the City and County of Denver; Colfax on the Hill Business Improvement District, and Marty Amble, the Executive Director thereof; The Board […]
PEOPLE v. SCUNGIO, 02PDJ009 (Colo.O.P.D.J. 5-9-2002)
People v. Scungio. No. 02PDJ009.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. May 9, 2002. [1] Attorney Regulation. The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct in this reciprocal discipline matter from the State of Rhode Island and disbarred Respondent, John A. Scungio, from the practice of law […]
BAKEHOUSE v. WILKINS, 689 P.2d 1166 (Colo.App. 1984)
Bakehouse Associates, Inc., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. F. D. Wilkins, Defendant-Appellant and Cross-Appellee. No. 83CA0414Colorado Court of Appeals. Decided September 20, 1984. Appeal from the District Court of El Paso County Honorable Hunter D. Hardeman, Judge Page 1167 Barash and LeHouillier, Patric J. LeHouillier, for Plaintiff-Appellee and Cross-Appellant. Thomas J. Herd, for […]
LOMBARD v. COLORADO, 187 P.3d 565 (Colo. 2008)
Turene LOMBARD and Pueblo School District # 60, Petitioners v. COLORADO OUTDOOR EDUCATION CENTER, INC, a Colorado Non-Profit Corporation, and Sanborn Western Camps, Inc., a Colorado Non-Profit Corporation, d/b/a The Nature Place, Respondents. No. 07SC166.Supreme Court of Colorado. June 30, 2008. Appeal from the District Court, Teller County, Thomas L. Kennedy, J. Page 566 [EDITORS’ […]
VON REISEN v. GREELEY CO., 142 Colo. 210 (1960)
(350 P.2d 340) G. VON REISEN v. THE GREELEY FINANCE COMPANY, ET AL. No. 18,631.Supreme Court of Colorado. Decided March 21, 1960. Action to recover on agreement of third party for the benefit of plaintiff. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Memorandum of Agreement — Incomplete — Parol Evidence. Where written instrument between parties […]
COLO. LEISURE PROD. v. JOHNSON, 187 Colo. 443 (1975)
(532 P.2d 742) Colorado Leisure Products, Inc., a Colorado corporation v. Bruce Johnson, Arthur Poland, John J. McGuinness, Richard G. Gebhardt, Martha R. Weiser, Plan Boulder County, an association, and People United to Reclaim the Environment, an association No. C-530Supreme Court of Colorado. Decided March 3, 1975. Zoning case. Board of County Commissioners approved an […]
JIMINEZ v. ICAO, 51 P.3d 1090 (Colo.App. 2002)
Maxie Jiminez, Petitioner, v. Industrial Claim Appeals Office, Amax Henderson Project, and Colorado Compensation Insurance Authority, d/b/a Pinnacol Assurance, Respondents. No. 01CA2044Colorado Court of Appeals. May 23, 2002 Industrial Claim Appeals Office of the State of Colorado; W.C. No. 4-214-079. ORDER AFFIRMED. Page 1091 Roger Fraley, Jr., Denver, Colorado, for Petitioner. No Appearance for Respondent […]
PEOPLE v. HARRIS, 187 Colo. 368 (1975)
(531 P.2d 384) The People of the State of Colorado v. Kenneth Earl Harris No. 26199Supreme Court of Colorado. Decided February 3, 1975. Defendant was charged with sale of a narcotic drug, namely, cannabis sativa L., with intent to induce or aid another to unlawfully use or possess and also with conspiracy to sell narcotic […]
IN RE THE MARRIAGE OF NELSON, 710 P.2d 1175 (Colo.App. 1985)
In re the Marriage of: David J. Nelson, Appellant, and Marilyn R. Nelson, Appellee. No. 83CA1289Colorado Court of Appeals. Decided August 1, 1985. Rehearing Denied September 19, 1985. Certiorari Granted December 16, 1985 (85SC412). Appeal from the District Court of Routt County Honorable Richard P. Doucette, Judge Page 1176 Ratcliffe Chamberlin, Sarah D. Claassen, for […]
PEOPLE v. FLORES, 39 Colo. App. 556 (1977)
(575 P.2d 11) The People of the State of Colorado v. Raymond R. Flores No. 76-810Colorado Court of Appeals. Decided August 4, 1977. Rehearing denied September 15, 1977. Certiorari granted February 21, 1978. Convicted of robbery, defendant appealed. Affirmed 1. CRIMINAL LAW — Preliminary Hearing — Represented by Counsel — Cross-Examined Victim — Admission of […]
N. Y. LIFE INS. CO. v. MARIANO, 102 Colo. 18 (1938)
76 P.2d 417 NEW YORK LIFE INSURANCE COMPANY v. MARIANO. No. 14,273.Supreme Court of Colorado. Decided January 31, 1938. Rehearing denied February 21, 1938. Action to recover double indemnity under a life insurance policy. Judgment for plaintiff. Reversed. 1. INSURANCE — Life — Policy Construction. In construing a life insurance policy, terms such as “bacterial […]
SCHLAGEL v. HOELSKEN, 162 Colo. 142 (1967)
(425 P.2d 39) Jake Schlagel, d/b/a Aurora and East Denver Trash Disposal, Individually and as a representative of a class of persons similarly situated, David Brandt, Bestway Disposal, a partnership, J. W. Burbach Hauling Service, Cook and Bolger, a partnership, Herb Dalberg, d/b/a Dalberg’s Hauling Service, George Flint, d/b/a Arvada Rubbish Removal, Metropolitan Trash, Inc., […]
AURORA v. ACKMAN, 738 P.2d 796 (Colo.App. 1987)
City of Aurora, a Municipal Corporation, Plaintiff-Appellant, v. George B. Ackman, Calvin L. Adams, Gary A. Adkins, Charles E. Admire, Raymond Barnes, Charles R. Bennett, David C. Brandhorst, Jack M. Branum, James Breeden, Larry D. Brewington, Richard A. Browder, Monte K. Brown, Donald B. Buchanan, Dennis J. Campbell, Kenneth Capps, Gregory Carlton, Paul Cary, Gilbert […]
LEOFFLER v. WILCOX, 132 Colo. 449 (1955)
(289 P.2d 902) JAMES E. LEOFFLER, ET AL. v. ELMA IRENE WILCOX, ADMX. No. 17,438.Supreme Court of Colorado. Decided October 31, 1955. Rehearing denied December 5, 1955. Action to recover for value of services and material in connection with well drilling contract. judgment for plaintiff. Affirmed. 1. CONTRACTS — Performance — Value of Services. Where […]
MASON v. CELINA MUTUAL, 161 Colo. 442 (1967)
(423 P.2d 24) Donald R. Mason v. The Celina Mutual Insurance Company. No. 21065.Supreme Court of Colorado. Decided January 23, 1967. Rehearing denied February 14, 1967. Third-party action against insurance company on its automobile liability policy. From an adverse judgment plaintiff in error brings error. Affirmed. 1. INSURANCE — Automobile — Guests — Death — […]
RISS v. AIR RENTAL, 136 Colo. 216 (1957)
(315 P.2d 820) R. R. RISS, JR. v. AIR RENTAL, INC. No. 18,031.Supreme Court of Colorado. Decided September 16, 1957. Action to recover for the value of services rendered. Defendants defaulted and judgment was entered for plaintiff. From denial of a motion to vacate the default judgment the defendants bring error. Affirmed. 1. JUDGMENT — […]
PEOPLE v. DENTON, 757 P.2d 637 (Colo.App. 1988)
The People of the State of Colorado, Plaintiff-Appellee, v. Vincent Denton, Defendant-Appellant. No. 87CA0717Colorado Court of Appeals. Decided May 19, 1988. Appeal from the District Court of Jefferson County Honorable Daniel J. Shannon, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, David L. Saine, Assistant Attorney […]
HODGES v. CANON LODGE MED. INV., 879 P.2d 476 (Colo.App. 1994)
Delbert R. Hodges, Petitioner, v. Canon Lodge Medical Investors, Ltd., and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 93CA1297Colorado Court of Appeals. Decided July 28, 1994 Review of Order from the Industrial Claim Appeals Office of the State of Colorado DD 19,501-92 ORDER SET ASIDE AND CAUSE REMANDED WITH DIRECTIONS […]
CONS. OIL GAS v. SUPERIOR OIL, 157 Colo. 86 (1965)
(401 P.2d 89) CONSOLIDATED OIL GAS INC. v. THE SUPERIOR OIL COMPANY. No. 20611.Supreme Court of Colorado. Decided April 19, 1965. Action by plaintiff-lessee as holder of oil and gas mining lease against defendant-operator as assignee of farmout agreement and operating agreement, seeking reimbursement for certain rentals paid. Judgment for plaintiff. Affirmed. 1. OIL AND […]
HOME FED. SAV. BANK v. BD. OF EQUALIZATION, 857 P.2d 562 (Colo.App. 1993)
Home Federal Savings Bank and Board of Assessment Appeals of the State of Colorado, Petitioners-Appellees, v. Larimer County Board of Equalization, Respondent-Appellant. No. 92CA0564Colorado Court of Appeals. Decided July 1, 1993. Appeal from the Colorado State Board of Assessment Appeals Isaacson, Rosenbaum, Woods Levy, P.C., Mark G. Grueskin, for Petitioner-Appellee Home Federal Savings Bank. Gale […]
COALE v. DOW CHEMICAL, 701 P.2d 885 (Colo.App. 1985)
Gerald A. Coale, Chris Coale, and Larry McCarty, Plaintiffs-Appellees and Cross-Appellants, v. Dow Chemical Company, a Delaware corporation, and American Home Products Corporation, Franklin Laboratories Division, a Delaware corporation, Defendants-Appellants and Cross-Appellees. No. 83CA0723Colorado Court of Appeals. Decided April 25, 1985. Rehearings Denied May 23, 1985. Certiorari Denied September 23, 1985. Appeal from the District […]
MID-CENTURY INS. v. LILJESTRAND, 620 P.2d 1064 (Colo. 1980)
Mid-Century Insurance Company and Farmers Insurance Group (Mid-Century being one of the Farmers group of companies) v. Tony Liljestrand No. 79SC192Supreme Court of Colorado. Decided December 22, 1980. Certiorari to the Colorado Court of Appeals DeMoulin, Anderson, Campbell and Laugesen, Richard W. Laugesen, for petitioners. Weltzer and Worstell, Louis A. Worstell, for respondent. Page 1065 […]
PEOPLE v. REYES, 713 P.2d 1331 (Colo.App. 1985)
The People of the State of Colorado, Plaintiff-Appellee, v. Mario Carlos Reyes, Defendant-Appellant. No. 84CA0298Colorado Court of Appeals. Decided August 29, 1985. Rehearing Denied September 19, 1985. Certiorari Denied Reyes February 10, 1986 (85SC421). Appeal from the District Court of Prowers County Honorable John C. Statler, Judge Page 1332 Duane Woodard, Attorney General, Charles B. […]
ROBERTSON v. AURORA CIVIL SERVICE COMM’N, 835 P.2d 1263 (Colo.App. 1992)
Jeffrey Robertson, Plaintiff-Appellant, v. Aurora Civil Service Commission, Ellis B. Burton, John G. Kish, William R. Davis, Stephen E. McDonald, Gerald L. Williams, and the City of Aurora, Colorado, a municipal corporation, Defendants-Appellees. No. 91CA1209Colorado Court of Appeals. Decided July 30, 1992. Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Jr., […]
THORNBURY v. ALLEN, 991 P.2d 335 (Colo.App. 1999)
Barbara Thornbury and Bob Thornbury, Plaintiffs-Appellees, v. Jack C. Allen, Defendant-Appellant. No. 98CA1658Colorado Court of Appeals. October 28, 1999 Appeal from the District Court of Summit County Honorable W. Terry Ruckriegle, Judge, No. 96CV53 CAUSE REMANDED WITH DIRECTIONS Page 336 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
EADDY v. PEOPLE, 115 Colo. 488 (1946)
174 P.2d 717 EADDY v. THE PEOPLE. No. 15,682.Supreme Court of Colorado. Decided November 12, 1946. Plaintiff in error was convicted of murder of the first degree and sentenced to imprisonment for life. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Separation of Jurors. The rule that the jury must be kept together does […]
PEOPLE v. ANDERSON, 183 P.3d 649 (Colo.App. 2007)
The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael Jerome ANDERSON, Defendant-Appellant. No. 05CA0426.Colorado Court of Appeals. December 13, 2007. Certiorari Denied May 27, 2008. Appeal from the District Court, Arapahoe County, Gerald J. Rafferty, J. Page 650 John W. Suthers, Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. […]
PEOPLE v. JARAMILLO, 35 P.3d 136 (Colo.O.P.D.J. 1999)
People of the State of Colorado, Complainant v. Benjamin Antonio Jaramillo, Respondent. No. GC98C57.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. February 9, 1999. Page 137 FINDINGS OF FACT, CONCLUSIONS OF LAW AND IMPOSITIONS OF SANCTIONS [1] This matter was heard on January 28, 1999 before the presiding disciplinary judge and […]
BERGREN v. VALENTINE CO., 88 Colo. 52 (1930)
291 P. 1038 BERGREN ET AL. v. VALENTINE HARDWARE COMPANY. No. 12,608.Supreme Court of Colorado. Decided September 15, 1930. Action to hold directors for debts of a corporation for failure to file annual report. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. CORPORATIONS — Annual Report. The provisions of C. L. § 2312, concerning […]
PEOPLE v. WITT, 15 P.3d 1109 (Colo.App. 2000)
The People of the State of Colorado, Plaintiff-Appellee v. Dudley Witt, Defendant-Appellant. No. 98CA2420.Colorado Court of Appeals. May 25, 2000. Appeal from the District Court of Arapahoe County, Honorable James F. Macrum, Jr., Judge, No. 97CR915. ORDER AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS Ken Salazar, Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, […]
PEOPLE v. SCHWARTZ, 823 P.2d 1386 (Colo.App. 1991)
The People of the State of Colorado, Plaintiff-Appellant, v. Kelly John Schwartz, Defendant-Appellee. No. 90CA1060Colorado Court of Appeals. Decided August 15, 1991. Rehearing Denied September 19, 1991. Certiorari Denied February 10, 1992 (91SC629). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge. Donald E. Mielke, District Attorney, Donna Skinner Reed, Chief […]
MARTIN v. BARTHOLOMEW, 78 Colo. 588 (1926)
243 P. 543 MARTIN v. BARTHOLOMEW. No. 11,208.Supreme Court of Colorado. Decided February 1, 1926. Action for deficiency judgment on foreclosure of trust deed, and appointment of a receiver. Judgment of dismissal. Writ of Error Dismissed. 1. APPEAL AND ERROR — Moot Questions — Dismissal. Where the questions raised on review have become moot, the […]
COOLEY v. BIG HORN HARVESTORE, 813 P.2d 736 (Colo. 1991)
Robert Cooley and Rita Cooley, d/b/a Cooley Dairy; Donald Weed; Ben Konishi, D.V.M.; Pamela Ann Konishi; Mark Konishi; and Jeffrey Konishi, Petitioners and Cross-Respondents, v. Big Horn Harvestore Systems, Inc., a Colorado corporation, and A.O. Smith Harvestore Products, Inc., a Delaware corporation, Respondents and Cross-Petitioners. No. 88SC420Supreme Court of Colorado. Decided June 24, 1991. Rehearing […]
GREER v. GREER, 110 Colo. 92 (1942)
130 P.2d 1050 GREER v. GREER ET AL. No. 15,217.Supreme Court of Colorado. Decided October 19, 1942. Rehearing denied November 9, 1942. Action by a wife for separate maintenance. Subsequently to the docketing of the cause in the Supreme Court, the wife died. Writ of Error Dismissed. 1. DIVORCE AND SEPARATION — Separate Maintenance — […]
PEOPLE v. VIGIL, 983 P.2d 805 (Colo.App. 1999)
The People of the State of Colorado, Plaintiff-Appellee, v. Joseph D. Vigil, Defendant-Appellant. No. 96CA0426.Colorado Court of Appeals. May 13, 1999. Appeal from the District Court of the City and County of Denver, Honorable Larry J. Naves, Judge, No. 71CR64482. ORDER AFFIRMED Page 806 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]
GARDNER v. RULE, 87 Colo. 544 (1930)
289 P. 606 GARDNER v. RULE. No. 12,415.Supreme Court of Colorado. Decided June 16, 1930. Action on cognovit note. Judgment for defendant. Affirmed. 1. JUDGMENT — Cognovit Note — Fraud — Limitation of Actions. A proceeding to set aside a judgment on a cognovit note procured by fraud and without service on the defendant is […]
PEOPLE v. CRATER, 182 Colo. 248 (1973)
(512 P.2d 623) The People of the State of Colorado v. Jimmie E. Crater No. 25265Supreme Court of Colorado. Decided July 16, 1973. Appeal from denial of Crim. P. 35(b) motion to set aside a plea of guilty and to vacate sentence in a second-degree murder conviction. Affirmed 1. COURTS — United States Supreme Court […]
PEOPLE v. DOHERTY, GC96A140 (Colo.O.P.D.J. 4-3-2000)
People v. Doherty. No. GC96A140.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. April 3, 2000. [1] Attorney Regulation. The Presiding Disciplinary Judge reinstated James P. Doherty to the practice of law effective April 3, 2000. (no opinion issued)
COORS BREWING COMPANY v. FAGAN, 949 P.2d 110 (Colo.App. 1997)
Coors Brewing Company, Plaintiff-Appellee, v. Renny Fagan, Executive Director of the Colorado Department of Revenue, Defendant-Appellant. No. 96CA0634Colorado Court of Appeals. June 26, 1997 Petition for Rehearing DENIED July 24, 1997. Petition for Writ of Certiorari DENIED January 20, 1998 Appeal from the District Court of Jefferson County, Honorable James D. Zimmerman, Judge, No. 94CV1657. […]
SLOAT v. MATHENY, 44 Colo. App. 1 (1980)
(605 P.2d 71) Robert S. Sloat, and Beth S. Sloat v. C.E. Matheny and Lola May Matheny No. 78-1135Colorado Court of Appeals. Decided January 10, 1980. Rehearing denied February 21, 1980. Certiorari granted April 7, 1980. Builder of house appealed a judgment finding him liable to its purchaser for breach of the implied warranties of […]
JEFFERSON BANK v. HUNT, 705 P.2d 993 (Colo.App. 1985)
Jefferson Bank Trust, a Colorado corporation, Plaintiff-Appellee, v. Robert L. Hunt, Defendant-Appellee, and G. Mildred Davis, personal representative of the Estate of Melrose W. Davis, deceased, (by substitution), Defendant-Appellant. No. 83CA0770Colorado Court of Appeals. Decided March 7, 1985. Rehearing Denied April 4, 1985. Certiorari Denied September 3, 1985. Appeal from the District Court of Jefferson […]
IN RE ESTATE OF BUGDANOWITZ, 44 Colo. App. 337 (1980)
(614 P.2d 902) In the Matter of the Estate of Jack Bugdanowitz, deceased. The State of Colorado Inheritance and Gift Tax Division v. Richard S. Bugdanowitz and Ruth D. Toltz No. 79CA0748Colorado Court of Appeals. Decided May 29, 1980. The co-personal representatives of decedent appealed from a judgment confirming the assessment of inheritance taxes. Remanded […]
HORTON v. MONDRAGON, 705 P.2d 977 (Colo.App. 1984)
Gari M. Horton, a natural guardian and next friend of Angelita Horton, a minor, Plaintiff-Appellant, v. Laverne L. Mondragon, and Leo F. Mondragon, Defendants-Appellees. No. 83CA0737Colorado Court of Appeals. Decided December 20, 1984. Rehearing Denied January 31, 1985. Certiorari Denied September 23, 1985. Page 978 Appeal from the District Court of the City and County […]
CONDON v. PEOPLE, 176 Colo. 212 (1971)
(489 P.2d 1297) Rory Condon and Ruth A. Pahkala v. The People of the State of Colorado. The People of the State of Colorado v. Robert Timothy Scully. No. 24554. No. 24899.Supreme Court of Colorado. Decided October 26, 1971. From adverse rulings by trial courts on motions to suppress, defendants appealed and brought error. Reversed. […]
TOMEO v. PEOPLE, 158 Colo. 26 (1965)
(404 P.2d 287) Michael A. Tomeo, et al. v. the People of the State of Colorado. No. 20965Supreme Court of Colorado. Decided July 19, 1965. From an order adjudging each of them to be in contempt of court, the defendants bring error. Reversed. 1. CRIMINAL LAW. — Appeal and Error On review of a criminal […]
SCHECHTEL v. PEOPLE, 105 Colo. 513 (1940)
99 P.2d 968 SCHECHTEL v. THE PEOPLE. No. 14,647.Supreme Court of Colorado. Decided January 8, 1940. Rehearing denied March 4, 1940. Plaintiff in error was convicted of conspiring to commit a felony. Affirmed. 1. CRIMINAL LAW — Evidence — Other Crimes. On the trial of a person for criminal conspiracy, evidence of his coconspirators in […]
INTERMOUNTAIN RUBBER IND. v. VALDEZ, 688 P.2d 1133 (Colo.App. 1984)
Intermountain Rubber Industries, Inc., and State Compensation Insurance Fund, Petitioners, v. Rudy Valdez, The Industrial Commission of the State of Colorado, and Charles McGrath, Director of the Division of Labor, Respondents. No. 84CA0168Colorado Court of Appeals. Decided August 23, 1984. Review of Order from the Industrial Commission of the State of Colorado Page 1134 [EDITORS’ […]
IN THE MATTER OF TITLE, ETC. v. HAYES, 954 P.2d 1063 (Colo. 1998)
In the Matter of the Title, Ballot Title and Submission Clause, and Summary for #25A concerning Housing Unit Construction Limits: Jerry G. Percy, Petitioner, v. Dan Hayes and Eric Levine, Respondents, and Rebecca Lennahan, Victoria Buckley, and Richard Westfall, Title Board. No. 97SA242Supreme Court of Colorado. March 9, 1998 Original Proceeding Pursuant to Section 1-40-107(2), […]
THOMAS v. BANK, 97 Colo. 474 (1935)
51 P.2d 589 THOMAS, CONSERVATOR, ET AL. v. FIRST NATIONAL BANK OF PRICE, UTAH. No. 13,488.Supreme Court of Colorado. Decided September 9, 1935. Rehearing denied November 25, 1935. Action in replevin. Judgment for plaintiff. Affirmed. 1. CHATTEL MORTGAGES — Foreign State — Record. The argument that a chattel mortgage given in a foreign state and […]
JACKSON v. RKY MTN DATSUN, 693 P.2d 391 (Colo.App. 1984)
Sandra L. Jackson, Plaintiff-Appellee, v. Rocky Mountain Datsun, Inc., d/b/a Precision Datsun, Inc., a Colorado corporation, Defendant-Appellant. No. 83CA0911Colorado Court of Appeals. Decided October 11, 1984. Rehearing Denied November 8, 1984. Appeal from the District Court of the City and County of Denver Honorable Raymond Jones, Judge Page 392 Zuckerman and Kleinman, P.C., Leo T. […]
COMMISSIONERS v. WOOD, 80 Colo. 279 (1926)
250 P. 860 BOARD OF COUNTY COMMISSIONERS OF COSTILLA COUNTY v. WOOD, ADMINISTRATRIX. No. 11,456.Supreme Court of Colorado. Decided November 22, 1926. Action to recover for publication of legal notice. Judgment for plaintiff. Affirmed. 1. JUDGMENT — Non Obstante. A judgment non obstante must rest on the pleadings, and the evidence is irrelevant to it. […]
BUCHOLTZ v. SAFECO, 773 P.2d 590 (Colo.App. 1988)
Judith M. Bucholtz, Plaintiff-Appellant, v. Safeco Insurance Company of America, Defendant-Appellee. No. 87CA0537Colorado Court of Appeals. Decided November 17, 1988. Rehearing Denied December 15, 1988. Certiorari Denied 05/22/89 (89SC29). Appeal from the District Court of the City and County of Denver Honorable J. Stephen Phillips, Judge. Page 591 Williams, Trine, Greenstein Griffith, P. C., Bruce […]