Category: Colorado Court Opinions

47 P.2d 1118 JOHNSON v. LEWIS. No. 13,694.Supreme Court of Colorado. Decided July 8, 1935. Judgment affirmed en banc on application for supersedeas without written opinion, Mr. Justice Campbell, Mr. Justice Burke and Mr. Justice Holland not participating. Error to the District Court of Arapahoe County, Hon. Samuel W. Johnson, Judge. Mr. EARL J. HOWER, […]

(334 P.2d 733) HARRY ROYSTER v. JAMES F. ENGLISH. No. 18,662.Supreme Court of Colorado. Decided January 26, 1959. Motion to dismiss writ of error on ground that action had been compromised and settled. Writ of Error Dismissed. 1. APPEAL AND ERROR — Compromise and Settlement — Motion to Dismiss. Where it appears from a motion […]

The People of the State of Colorado v. Phoenix John Vincent, formerly known as Mark Vincent Leidal No. 81SA111Supreme Court of Colorado. Decided May 18, 1981. Interlocutory Appeal from the District Court of the County of Mesa, Honorable William H. Ela, Judge. Page 108 Terrance Farina, District Attorney, Stephen K. Erkenbrack, Deputy, for plaintiff-appellant. Traylor, […]

In the Matter of the TITLE, BALLOT TITLE, and SUBMISSION CLAUSE FOR 2007-2008 # 61. Andrew Paredes, Clara Nevarez, and Mary Phillips, Proponents, Petitioners, v. Jessica Peck Corry, Opponent, Respondent, and William A. Hobbs, Sharon Eubanks, and Daniel Domenico, Title Board. No. 08SA89.Supreme Court of Colorado. May 16, 2008. Page 748 Melissa Hart, Denver, CO, […]

City of Broomfield, a municipal corporation, Petitioner, v. Walnut Creek Development Corporation, a Colorado corporation, Colorado Federal Savings and Loan Association, Nancy Fleet as Public Trustee, County of Jefferson, Donald Couch as Treasurer of the County of Jefferson, and Timothy D. Roble as Trustee in Bankruptcy for Walnut Creek Development Corporation, U.S. District Court for […]

In re the Marriage of: Betty A. Woodman, Appellee, and C.B. Woodman, Jr., Appellant. No. 83CA0169Colorado Court of Appeals. Decided October 27, 1983. Rehearing Denied December 1, 1983. Page 1233 Appeal from the District Court of the City and County of Denver Honorable Alvin D. Lichtenstein, Judge Robert D. Hinds, Jr. Associates, P.C., Mary Jane […]

Norma Jean MAGGARD, Petitioner-Appellant, v. DEPARTMENT OF HUMAN SERVICES and Colorado State Veterans Home at Fitzsimons, Respondents-Appellees, and State Personnel Board, Appellee. No. 09CA0210.Colorado Court of Appeals. September 17, 2009. Page 1210 Appeal from the Department of Human Services (DHS). Page 1211 Vonda G. Hall, Denver, Colorado, for Plaintiff-Appellant. John W. Suthers, Attorney General, Joseph […]

The People of the State of Colorado, Plaintiff-Appellee, v. Paul Duane McIntosh, Defendant-Appellant, No. 84CA0047Colorado Court of Appeals. Decided December 20, 1984. Opinion Modified and As Modified Rehearing Denied January 24, 1985. Appeal from the District Court of Adams County Honorable Harlan R. Bockman, Judge Page 796 Duane Woodard, Attorney General, Charles B. Howe, Chief […]

(380 P.2d 28) THE COLORADO FUEL AND IRON CORPORATION v. THE INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 20,433.Supreme Court of Colorado. Decided March 25, 1963. From a judgment affirming an award of the Industrial Commission the employer brings error. Affirmed. 1. WORKMEN’S COMPENSATION — Injury — Prior Condition — Disability. Fact that claimant had […]

(334 P.2d 734) IRON MUELLER, INC., ET AL. v. FEDERAL CROP INSURANCE CORPORATION. No. 18,167.Supreme Court of Colorado. Decided January 12, 1959. Rehearing denied February 9, 1959. Action for alleged loss under crop insurance policy. Judgment for defendant. Reversed and Remanded With directions. 1. INSURANCE — Crop Insurance — Federal Agency — Liability. That defendant […]

19 P.2d 496 DAVIS v. BARTLETT. No. 13,242.Supreme Court of Colorado. Decided February 20, 1933. Action on money demand. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. CONTRACTS — Procuring Legislation — Interest of Representatives. Where persons act as counsel or agents, or in any representative capacity, it is due to those before whom […]

136 P.2d 289 SCHUMAN ET AL. v. VENARD ET AL. No. 15,098.Supreme Court of Colorado. Decided February 15, 1943. Rehearing denied April 19, 1943. An action in ejectment involving a mining claim. Judgment for plaintiffs. Affirmed. On Application for Supersedeas. 1. MINES AND MINERALS — Location of Claims — Validity — Appeal and Error. In […]

44 P.2d 909 ROGERS v. ROGERS. No. 13,577.Supreme Court of Colorado. Decided April 1, 1935. Rehearing denied April 29, 1935. Action for damages for fraud. Judgment of dismissal. Reversed. 1. CONVERSION — Defined. Conversion means any distinct, unauthorized act of dominion or ownership exercised by one person over personal property belonging to another. In the […]

(220 P.2d 373) FLORES ET AL. v. CITY AND COUNTY OF DENVER. No. 16,374.Supreme Court of Colorado. Decided June 5, 1950. Plaintiffs in error were found guilty of disturbing the peace, and fines imposed. Reversed. 1. CONSTITUTIONAL LAW — Peaceable Assemblage — Free Speech. “Our Colorado Constitution protects the right peaceably to assemble, and the […]

180 P.2d 862 LESTOQUE v. ARNOLD ET AL. No. 15,533.Supreme Court of Colorado. Decided May 5, 1947. A suit for injunction and damages. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Conflicting Evidence. In a case where the evidence is in hopeless conflict, if there is sufficient to support the findings and judgment of […]

Donald E. Anderson, Petitioner, v. David W. Brinkhoff, Colorado Compensation Insurance Authority and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 91CA0991Colorado Court of Appeals. Decided March 12, 1992. Rehearing Denied April 9, 1992. Certiorari Granted October 13, 1992 (92SC271). Certiorari Granted on the following issues: Whether the court of appeals […]

(220 P.2d 725) FLADER v. CAMPBELL ET AL. No. 16,390.Supreme Court of Colorado. Decided June 26, 1950. An action in ejectment. Judgment for defendants. See, Flader v. Campbell et al., 120 Colo. 66. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Arapahoe County, Hon. Harold H. Davies, Judge. […]

557 P.2d 384 Paul Wilson Brown v. District Court in and for the City and County of Denver and John Brooks, Jr., District Court Judge No. 27284Supreme Court of Colorado. Decided November 8, 1976. Original proceeding in which ex-husband seeks relief in the nature of prohibition from an order of the district court suspending his […]

(413 P.2d 901) George Earl McGee v. The People of the State of Colorado. No. 21542.Supreme Court of Colorado. Decided May 2, 1966. Defendant was convicted of statutory rape of his stepdaughter and brings error. From a denial of both the motion for new trial and the motion to vacate sentence, he brings error. Affirmed. […]

W. R. Hall Construction Company, a Colorado corporation, Plaintiff-Appellant, v. H. W. Moore Equipment Company, a Delaware corporation, Sun Coal Company, Inc., a Colorado corporation and A. T. Massey Co., Inc., a Virginia Corp., Defendants-Appellees. No. 82CA0498Colorado Court of Appeals. Decided October 14, 1982. Rehearing denied November 12, 1982. Certiorari Denied April 18, 1983. Appeal […]

HEALTHSOUTH CORPORATION, Petitioner-Appellant, v. BOULDER COUNTY BOARD OF COMMISSIONERS, Respondent-Appellee, and Colorado State Board of Assessment Appeals, Appellee. No. 08CA0233.Colorado Court of Appeals. March 19, 2009. Appeal from the review of a final order of the Board of Assessment Appeals (BAA). Page 967 N.H. Wright Associates, LLC, Norman H. Wright, Greenwood Village, Colorado, for Petitioner-Appellant. […]

(514 P.2d 323) Oak Creek Power Company v. Colorado River Water Conservation District No. 25693Supreme Court of Colorado. Decided September 10, 1973. Water rights case involving an appeal by power company as to the propriety of priority date granted to water conservation district for certain features of named water project located in specified water district. […]

(333 P.2d 1047) JOHN CARVER PATTERSON v. PEOPLE OF THE STATE OF COLORADO. No. 18,569.Supreme Court of Colorado. Decided January 12, 1959. Defendant was convicted of confidence game and brings error. Affirmed. 1. CRIMINAL LAW — Confidence Game — Statute — Construction. The confidence game statute (C.R.S. ’53, 40-10-1) provides that it shall be liberally […]

John N. Johnson, Plaintiff-Appellee, v. National Railroad Passenger Corp., a/k/a Amtrak, Defendant-Appellant. No. 98CA0909Colorado Court of Appeals. September 30, 1999 Appeal from the District Court of the City and County of Denver, Honorable Edward A. Simons, Judge, No. 96CV2192. JUDGMENT AFFIRMED Page 246 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

The People of the State of Colorado, Complainant, v. Dan B. Fahrney, Attorney-Respondent. No. 90SA7Supreme Court of Colorado. Decided May 21, 1990. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. No appearance for Respondent. EN BANC PER CURIAM. [1] In this disciplinary proceeding we consider two consolidated […]

(268 P.2d 1035) BOONE v. FOSTER ET AL. No. 17,135.Supreme Court of Colorado. Decided April 5, 1954. A proceeding involving the adoption of a minor child. The trial court entered a final decree of adoption of the child by defendants in error over the objection of the natural father. PER CURIAM. Judgment affirmed en banc […]

In Re: KEVIN SILVA and MOLLY SILVA, Plaintiffs, v. BASIN WESTERN, INC.; RICHARD STEWART TRANSPORTATION and SINCLAIR OIL CORPORATION; and BRADLEY PETROLEUM, INC., Defendants. No. 01SA303.Supreme Court of Colorado. En Banc. June 3, 2002. Page 1185 Original Proceeding Pursuant to C.A.R. 21, District Court, City and County of Denver, Case No. 01CV93, Honorable Frank Martinez, […]

488 P.2d 250 Walter Randall and Ora Randall v. William R. Carroll, Maxine B. Carroll, Charles G. Larsen and Lynn Larsen and William R. Carroll and Charles G. Larsen No. 70-412Colorado Court of Appeals. Decided August 31, 1971. Action for balance due on purchase of twenty motorcycles. From judgment for plaintiffs, appeal was taken. Affirmed […]

The People of the State of Colorado v. Samuel J. Mack No. 81SA104Supreme Court of Colorado. Decided November 30, 1981. Rehearing denied December 28, 1981. Appeal from the District Court of the County of Pueblo, Honorable Phillip J. Cabibi, Judge. Page 258 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor […]

(498 P.2d 947) Nancy Louise Lockwood v. The Travelers Insurance Company No. 25257Supreme Court of Colorado. Decided July 3, 1972. Action by wife as beneficiary of group policy on the life of her deceased Page 104 husband in which she sought to recover an additional sum as an accidental death benefit. Judgment for plaintiff. Reversed […]

In re the Marriage of Jennifer Lynn Sewell, Appellee, and Steven Edward Sewell, Appellant. No. 90CA0238Colorado Court of Appeals. Decided July 5, 1991. Rehearing Denied August 22, 1991. Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge. Page 595 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

In re the Marriage of Michael R. Barrett, Appellant, and Linda Ann Stephens, Appellee. No. 89CA1341Colorado Court of Appeals. Decided August 16, 1990. Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge Page 849 Sonheim, Helm Less, Phillip A. Less, for Appellant. No Appearance for Appellee. Division II. Opinion by JUDGE […]

The First National Bank of Colorado Springs, a National Banking Association, Trustee, Plaintiff-Appellant, v. Adeline M. Morris, Louis M. Morris, GLM Properties, a partnership; Michael C. Craig; Garry L. Gossage; Lonna L. Gossage, doing business as GLM Properties, a partnership; William C. Kitch; Vincent C. Napoli, Public Trustee of the City and County of Denver, […]

(408 P.2d 969) Theodore C. Ruark v. Harry C. Tinsley, Warden. No. 21799Supreme Court of Colorado. Decided December 20, 1965. From a denial of his petition for a writ of habeas corpus, prisoner brings error. Affirmed. 1. HABEAS CORPUS — Hearing — Grounds. In habeas corpus proceeding, prisoner convicted of crime is entitled to hearing […]

29 P.2d 625 HERTZ DRIVE-UR-SELF SYSTEM ET AL. v. DOAK. No. 13,446.Supreme Court of Colorado. Decided January 22, 1934. Action in mandamus to compel transfer of corporate stock. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. MANDAMUS — Defense. Respondent in a mandamus proceeding to compel issuance of a stock certificate cannot defeat petitioner’s […]

49 P.2d 381 WEBB v. PEOPLE. No. 13,705.Supreme Court of Colorado. Decided August 19, 1935. Rehearing denied September 16, 1935. Plaintiff in error was convicted of assault with intent to commit robbery. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Evidence — Similar Offenses. The general rule is that evidence is not admissible which […]

Dewaine Everett Brown, Petitioner-Appellee, v. Jim Brittain, Superintendent, Arkansas Valley Correctional Facility, Respondent-Appellant. No. 88SA150Supreme Court of Colorado. Decided May 15, 1989. Appeal from the District Court, Crowley County Honorable M. Jon Kolomitz, Judge. No Appearance for Petitioner-Appellee. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Marleen […]

(563 P.2d 952) The People of the State of Colorado v. Daniel Lee Gomez No. 27432Supreme Court of Colorado. Decided May 16, 1977. Interlocutory appeal by the People to obtain review of an order suppressing evidence obtained by police in a narcotics investigation. Affirmed 1. ARREST — Minimum Requirement — Constitution — Probable Cause. The […]

(408 P.2d 972) James Howard Jobe v. The People of the State of Colorado. No. 20898Supreme Court of Colorado. Decided December 20, 1965. Rehearing denied January 10, 1966. Defendant was convicted of the crime of robbery and brought error. Affirmed. 1. ROBBERY — Motion for New Trial — Points — Merit. Points to which trial […]

The People of the State of Colorado, Petitioner-Appellant, In the Interest of: R.B., A Child, Appellee, And Concerning: G.B., Respondent-Appellee. and The People of the State of Colorado, Petitioner-Appellant, In the Interest of: L.G.W., Jr., A Child, Appellee, And Concerning: L.G.W., Sr., Respondent-Appellee. No. 86SA268 No. 86SA269Supreme Court of Colorado. Decided May 11, 1987. Appeal […]

(539 P.2d 1238) The People of the State of Colorado v. Sherman Lambert No. 26393Supreme Court of Colorado. Decided August 25, 1975. From denial of his motion to set aside his plea of nolo contendere to second-degree burglary charge, defendant appealed. Affirmed 1. JURY — Waiver — Withdrawal — Not Guilty Plea — Nolo Contendere […]

Rival 1981-IV Drilling Program, Ltd., Plaintiff-Appellant, v. Guaranty Bank Trust, Defendant-Appellee. No. 84CA1363Colorado Court of Appeals. Decided September 18, 1986. Rehearing Denied October 23, 1986. Certiorari Granted Rival February 9, 1987 (86SC401). Appeal from the District Court of the City and County of Denver Honorable Raymond Dean Jones, Judge Page 1234 Hart Trinen, Donald T. […]

Sean K. Gallagher, Plaintiff-Appellee and Cross-Appellant, v. Board of Trustees for the University of Northern Colorado and the University of Northern Colorado, Defendants-Appellants, and James Zakely, Defendant and Cross-Appellee. No. 99CA1081Colorado Court of Appeals. September 28, 2000 Appeal from the District Court of Weld County, Honorable William L. West, Judge, No. 98CV454. Page 838 ORDER […]

Michael COMBS, Plaintiff-Appellant, v. Brenda TIBBITTS, Defendant-Appellee. No. 05CA0937.Colorado Court of Appeals. October 5, 2006. Appeal from The District Court, El Paso County, No. 04CV 1318, Kirk S. Samelson, J. Page 431 Peterson Dymond Reagor, LLP, Michael W. Reagor, Greenwood Village, Colorado, for Plaintiff-Appellant. Frank Woodrow, Montrose, Colorado, for Defendant-Appellee. Opinion by Judge TERRY. Plaintiff, […]

Northwestern National Casualty Company, Plaintiff-Appellee, v. State of Colorado, Division of Insurance, Defendant-Appellant. No. 82CA1178Colorado Court of Appeals. Decided November 10, 1983. Rehearing Denied December 29, 1983. Certiorari Denied May 29, 1984. Appeal from the District Court of the City and County of Denver Honorable Robert P. Fullerton, Judge Page 487 Holm and Christensen, P.C., […]

(513 P.2d 218) The Dravo Corporation and Hartford Accident and Indemnity Company v. Industrial Commission, State of Colorado and James M. Shaffer, and John Martino No. 73-059Colorado Court of Appeals. Decided July 24, 1973. Upon reversing a finding of referee that had operated to deny workmen’s compensation claim, Industrial Commission remanded claim for determination of […]

Mountain City Meat Co. and Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Emiliano Oqueda, Respondents. No. 94CE0015Colorado Court of Appeals. Decided January 26, 1995 Rehearing Denied March 30, 1995 Certiorari Granted October 30, 1995 Review of Order from the Industrial Claim Appeals Office of the […]

Donna L. Kalkbrenner, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Respondent. No. 90CA0018Colorado Court of Appeals. Decided October 25, 1990. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 546 Pikes Peak Legal Services, Leo L. Finkelstein, for Petitioner. Duane Woodard, Attorney General, Charles […]

Concerned Members of Intermountain Rural Electric Association, an unincorporated association, Harvey Kugler, Russell Daughenbaugh, Burt Miller, Tom Evans, F.C. Ware and Valerie Heyns, Petitioners, v. District Court, County of Jefferson, State of Colorado, and the Honorable Winston W. Wolvington, one of the Judges thereof, Respondents. No. 85SA244Supreme Court of Colorado. Decided February 10, 1986. Original […]

(563 P.2d 369) Richard L. Moore v. Burt Chevrolet, Inc. No. 76-012Colorado Court of Appeals. Decided February 3, 1977. Rehearing denied March 3, 1977. Certiorari denied May 2, 1977. In action by purchaser of used tractor-trailer alleging negligence and breach of implied warranty of merchantability, trial court dismissed both claims, and, from dismissal of the […]

(326 P.2d 980) MELVIN WOODSIDE v. PEOPLE OF THE STATE OF COLORADO IN THE INTEREST OF THE UNBORN CHILD OF STELLA M. HARPER. No. 18,489.Supreme Court of Colorado. Decided June 16, 1958. Rehearing denied July 7, 1958. Proceeding to determine paternity of petitioner’s unborn child. From a judgment adverse to respondent he brings error. Affirmed. […]

The People of the State of Colorado, Plaintiff-Appellee, v. George Louis Marin, Defendant-Appellant. No. 82CA0432Colorado Court of Appeals. Decided December 29, 1983. Rehearing Denied February 9, 1984. Petition for Writ of Certiorari Denied August 7, 1984. Appeal from the District Court of the City and County of Denver Honorable Edward E. Carelli, Judge Page 1352 […]

MERIDIAN RANCH METROPOLITAN DISTRICT, Meridian Service Metropolitan District, and Cherokee Metropolitan District, Plaintiffs-Appellants, v. COLORADO GROUND WATER COMMISSION and Upper Black Squirrel Creek Ground Water Management District, Defendants-Appellees. No. 09CA0131.Colorado Court of Appeals. November 12, 2009. Appeal from the District Court, El Paso County, Larry E. Schwartz, J. Page 383 Grimshaw Harring, P.C., Wayne B. […]

(600 P.2d 74) David C. Nelson v. Strode Motors, Inc., a Colorado corporation No. C-1795Supreme Court of Colorado. Decided September 24, 1979. Action for breach of contract against lessor by lessee of automobile, who, as a pedestrian, was struck and injured by a car driven by an uninsured motorist. Lessee sought recovery against lessor on […]

Donald P. HICKS, Plaintiff-Appellee, v. Kent T. LONDRE, Jennifer A. Londre, and Chase Manhattan Mortgage Corporation, Defendants-Appellants. No. 03CA1396.Colorado Court of Appeals. Division III. August 12, 2004. Rehearing Denied October 21, 2004. Certiorari Granted February 28, 2005. Appeal from the District Court, Arapahoe County, Marilyn Leonard, J. Page 1010 James R. Florey, Jr., Centennial, Colorado, […]

(483 P.2d 980) Irrigation Motor and Pump Co., a Nebraska corporation v. James H. Belcher No. 70-673 (Supreme Court No. 24266)Colorado Court of Appeals. Decided April 6, 1971. Action to recover amount paid on purchase price of irrigation machine and for consequential damages. Counterclaim for balance of purchase price. From judgment for amount paid on […]

(557 P.2d 414) The People of the State of Colorado v. The District Court in and for the Tenth Judicial District, State of Colorado, and the Honorable Jack F. Seavy, one of the District Judges in and for the Tenth Judicial District, State of Colorado, and Darrell Howell No. 27254Supreme Court of Colorado. Decided December […]

Joanne Perkins, Plaintiff-Appellant, v. Regional Transportation District, a special district Defendant-Appellee. No. 94CA1170Colorado Court of Appeals. Decided April 20, 1995. Opinion Modified, and As Modified, Petition for Rehearing DENIED June 8, 1995. Certiorari Granted December 4, 1995. Petition for Writ of Certiorari GRANTED April 20, 1995. [1] ORDER OF THE SUPREME COURT [2] Upon consideration […]

Lane R. EVANS, Plaintiff-Appellant, v. DEPARTMENT OF REVENUE, STATE of Colorado MOTOR VEHICLE DIVISION, Defendant-Appellee. No. 05CA1797.Colorado Court of Appeals. November 16, 2006. Appeal from the District Court, Jefferson County, Jane A. Tidball, J. Page 770 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

163 P.2d 651 ESTATE OF OVE. HANDLEY v. HILLIARD. No. 15,632.Supreme Court of Colorado. Decided September 24, 1945. Rehearing denied November 13, 1945. A proceeding involving the appointment of an administrator of the estate of a deceased person. Petition of plaintiff in error in the county court for the appointment of an administrator stricken from […]

(569 P.2d 319) City of Northglenn, a municipal corporation v. City of Thornton, a municipal corporation; Northwest Utilities Company, a Colorado corporation; Western Hills Utility Company, a Colorado corporation; General Waterworks Corporation, a Delaware corporation; Tolwin Corporation, a Colorado corporation; Transwestern Investment Company, a Colorado corporation; Perl-Mack Homes, Inc., a Colorado corporation; Jordan Perlmutter; Samuel […]

(350 P.2d 343) FIDELITY AND DEPOSIT COMPANY OF MARYLAND v. RUEL F. MAY. No. 19,208.Supreme Court of Colorado. Decided March 21, 1960. On motion to dismiss writ of error. Writ of Error Dismissed. 1. PRACTICE AND PROCEDURE — Appeal and error — Rules — Multiple Defendants — Judgment. Under Rule 54 (b), R.C.P. Colo., where […]

The People of the State of Colorado v. Michael Lee Swanson No. 80SA125Supreme Court of Colorado. Decided December 7, 1981. Appeal from the District Court of El Paso County, Honorable George M. Gibson, Judge. Page 46 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Nathan B. Coats, Assistant Attorney […]

The People of the State of Colorado, Plaintiff-Appellee, v. Nancy Williams, Defendant-Appellant. No. 86CA0317Colorado Court of Appeals. Decided April 28, 1988. Rehearing Denied May 26, 1988. Certiorari granted People September 6, 1988 (88SC302). Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Page 259 Duane Woodard, Attorney General, Charles B. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Garry Anthony BREWSTER, Defendant-Appellant. No. 04CA0845.Colorado Court of Appeals. June 11, 2009. Rehearing Denied October 8, 2009. Appeal from the Arapahoe County District Court, Timothy L. Fasing, Robert H. Russell, II, James F. Macrum, JJ. Page 292 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

The People of the State of Colorado, Petitioner, v. James R. Love, Respondent. No. 89SA103Supreme Court of Colorado. Decided May 30, 1989. Original Proceeding Unauthorized Practice of Law. Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Petitioner. Respondent Not Appearing. EN BANC Per Curiam. [1] The Unauthorized Practice of Law Committee of […]

(273 P.2d 124) BURLESON v. HAYUTIN ET AL. No. 17,231.Supreme Court of Colorado. Decided July 26, 1954 Rehearing denied August 16, 1954. A proceeding involving the denial by a trial court of a petition for the appointment of a receiver for a corporation. Judgment Reversed. 1. CORPORATIONS — Meetings — Proxies. A second proxy given […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jesus Bernardo Fontes, Defendant-Appellant. No. 02CA0395Colorado Court of Appeals. November 6, 2003 Rehearing Denied December 18, 2003. Certiorari Denied May 10, 2004. Adams County District Court No. 01CR1086; Honorable Thomas R. Ensor, Judge JUDGMENT AFFIRMED Division II Marquez and Rothenberg, JJ., concur Page 485 Ken Salazar, […]

(293 P.2d 961) EVERETT GADDY, ET AL. v. THOMAS CIRBO. No. 17,683.Supreme Court of Colorado. Decided February 14, 1956. Rehearing denied March 12, 1956. Action for damages for assault and battery. Judgment for plaintiff. Affirmed. 1. TRIAL — Misconduct of Counsel — Record — Remarks to Jury. Remarks of counsel in addressing the jury, which […]

33 P.2d 971 RICHART v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOULDER. No. 13,506.Supreme Court of Colorado. Decided May 28, 1934. Controversy between a county board and sheriff over the right of possession and occupancy of a room in a county court house adjacent to the jail. Judgment for county. Reversed. On Application […]

40 P.2d 243 BOWLES v. MILLER ET AL. No. 13,361.Supreme Court of Colorado. Decided January 7, 1935. Proceeding involving validity of sale of state school lands. Judgment for state board of land commissioners. Affirmed. 1. CONTRACTS — Validity — Mistakes of Law and Fact. A mistake which will void a contract must be one of […]

Biosera, Inc., a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, v. Forma Scientific, Inc., Defendant-Appellee and Cross-Appellant. No. 95CA0974Colorado Court of Appeals. October 24, 1996 Petition for Rehearing DENIED December 19, 1996 Petition for Writ of Certiorari DENIED. Cross-Petition for Writ of Certiorari GRANTED. Appeal from the District Court of City and County of Denver, Honorable Edward […]

In the Matter of The Dismissal of Tenured Teacher, Lewis L. Rosenberg, Petitioner, v. The Board of Education of School district No. 1, Denver Public Schools, Respondent. No. 81CA0069Colorado Court of Appeals. Decided July 7, 1983. Rehearing Denied August 4, 1983. Certiorari Granted January 30, 1984. Review of Order of the Board of Education of […]

Dean W. Drake, Plaintiff-Appellee, v. Willa V. Tyner, Defendant-Appellant. No. 94CA1741Colorado Court of Appeals. Decided February 8, 1996 Appeal from the District Court of Fremont County, Honorable Julie G. Marshall, Judge, No. 93CV202. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 520 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

103 P.2d 684 LIVINGSTON v. UTAH-COLORADO LAND AND LIVE STOCK COMPANY. No. 14,760.Supreme Court of Colorado. Decided June 10, 1940. Rehearing denied June 24, 1940. Action for damages for trespass. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. DAMAGES — Actual and Exemplary. It is the general rule that exemplary damages are not recoverable […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of M.S. and K.C.S., Children, and Concerning S.S., Respondent-Appellant. No. 05CA1428.Colorado Court of Appeals. December 15, 2005. Certiorari Denied March 6, 2006. Appeal from the District Court, Moffat County, Michael A. O’Hara III, J. Kathleen H. Taylor, County Attorney, Craig, Colorado, for Petitioner-Appellee. Michele […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michah Tyron COLLINS, Defendant-Appellant. No. 06CA1173.Colorado Court of Appeals. May 29, 2008. Rehearing Denied July 3, 2008. Appeal from the District Court, Adams County, C. Scott Crabtree, J. Page 1179 John W. Suthers, Attorney General, Jennifer A. Berman, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas […]

(476 P.2d 274) Mennonite Hospital, and Division of State Compensation Insurance Fund v. Andre Corley, and Industrial Commission of Colorado No. 70-176Colorado Court of Appeals. Decided October 27, 1970. Shortly after filing petition to reopen his workmen’s compensation claim, claimant underwent a spinal fusion operation without any authorization by, or notice to, the Industrial Commission, […]

In re the Marriage of: Cecilia Moore Benjamin, and Mark Franzen, Appellee. Anne L. Allaman, as Personal Representative of the Estate of Cecilia Moore Benjamin, Appellant. No. 85CA0958Colorado Court of Appeals. Decided June 11, 1987. Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge. Caren Brandt Winters, for Appellee. Thomas J. Gillooly, […]

(605 P.2d 490) In re the Marriage of James M. Engelman, III, and Judith Engelman No. 79CA0466Colorado Court of Appeals. Decided December 28, 1979. Wife alleged error in the distribution of certain real property subsequent to a divorce decree entered in another state. Affirmed 1. DISSOLUTION OF MARRIAGE — Trial Court — Jurisdiction — Distribute […]

(437 P.2d 547) The Western Fire Insurance Co. of Fort Scott, Kansas v. Marion Wood. No. 22100.Supreme Court of Colorado. Decided February 26, 1968. Rehearing denied March 11, 1968. Action by insured against insurer to recover damages to real property allegedly caused by a severe hailstorm. Judgment for plaintiff. Affirmed. 1. INSURANCE — Damage — […]

(540 P.2d 1085) Kenneth Dresner and Thomas L. Padilla v. The County Court in and for the County of Pueblo and the Honorable Eugene T. Halaas, County Judge within and for the Pueblo County Court of the State of Colorado No. 26775Supreme Court of Colorado. Decided September 29, 1975. Original proceeding in the nature of […]

The People of the State of Colorado v. William T. Casper No. 78-595Colorado Court of Appeals. Decided February 5, 1981. Rehearing denied March 12, 1981. Certiorari denied July 6, 1981. Appeal from the District Court of the City and County of Denver, Honorable Howard M. Kirshbaum, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, […]

Taylor Hawes and Colorado Health Care Conversions Project, Appellants, v. Colorado Division of Insurance; William V. Kirven, III, in his capacity as Commissioner of Insurance; Rocky Mountain Hospital and Medical Service, Inc., d/b/a Anthem Blue Cross Blue Shield of Colorado, a Colorado insurance corporation, a continuation of Rocky Mountain Hospital and Medical Service, d/b/a Blue […]

(273 P.2d 1015) PUEBLO, A MUNICIPAL CORPORATION v. MACE. No. 17,510.Supreme Court of Colorado. Decided September 7, 1954. A matter involving the procedure for reviewing a cause with particular reference to rules 111-112 (f), R.C.P. Colo. The trial court was ordered to grant motion for extension of time for filing reporter’s transcript. 1. JUDGMENTS — […]

31 P.2d 322 McKUNE v. INDUSTRIAL COMMISSION ET AL. No. 13,418.Supreme Court of Colorado. Decided March 19, 1934. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed in Part. Reversed in Part. 1. WORKMEN’S COMPENSATION — Weekly Wage — Computation. Under pertinent statutes, fifty per cent of the compensation to which an injured employee […]

In re the Marriage of Paula M. Martin, Appellant, and Patric Houghton, Appellee. No. 95CA0028Colorado Court of Appeals. Decided December 7, 1995 Appeal from the District Court of the City and County of Denver Honorable Morris B. Hoffman, Judge No. 90DR2083 ORDER AFFIRMED Anest, Rolfe Baca, P.C., David S. Rolfe, Bradley M. Bittan, Parker, Colorado, […]

24 P.2d 755 IN RE PETITION OF PHILLIPS FOR A WRIT OF HABEAS CORPUS. No. 13,283.Supreme Court of Colorado. Decided August 15, 1933. Motion to quash writ of habeas corpus sustained. Reversed. 1. JUVENILE COURTS — Jurisdiction. Juvenile courts have no jurisdiction to try defendants charged with heinous felonies and sentence them to the penitentiary. […]

Robin Humphrey, Plaintiff-Appellee, v. Motor Vehicle Division, Department of Revenue, State of Colorado, Defendant-Appellant. No. 83CA0020Colorado Court of Appeals. Decided July 21, 1983. Rehearing Denied August 11, 1983. Appeal from the District Court of Adams County Honorable Michael A. Obermeyer, Judge Richard M. Borchers, for plaintiff-appellee. Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney […]

35 P.2d 1012 DRINKGERN ET AL. v. PEOPLE. No. 13,067.Supreme Court of Colorado. Decided September 10, 1934. Plaintiffs in error were found guilty of a violation of the state banking code. Reversed. 1. CRIMINAL LAW — Dismissal. Where a second count of a criminal information does not charge a criminal offense, it is properly dismissed […]

(418 P.2d 182) Raymond Cruz Baca v. The People of the State of Colorado. No. 21947.Supreme Court of Colorado. Decided September 19, 1966. Defendant was convicted of possessing narcotic drugs and brought error. Affirmed. 1. SEARCHES and SEIZURES — Arrest — Public Street — Search — Police Station — Second Search — Marijuana — Reasonableness. […]

(613 P.2d 344) In re the Marriage of: Marylyn Dolan Joseph and George Joseph, Jr. No. 79CA0216Colorado Court of Appeals. Decided March 20, 1980. Rehearing denied April 17, 1980. In divorce action, the trial court sentenced husband to 5 days in jail for punitive contempt of court and to 30 days in jail for remedial […]