Category: Colorado Court Opinions

76 P.2d 420 MEYER v. MILLIKEN ET AL. No. 14,155.Supreme Court of Colorado. Decided December 27, 1937. Rehearing denied February 21, 1938. Suit to void a judgment of a foreign state and for judgment for monies claimed to be due under an interest in the net profits of certain oil production. Judgment for defendants. Reversed. […]

(616 P.2d 173) The People of the State of Colorado v. Roy O. Cornelison No. 77-626Colorado Court of Appeals. Decided May 15, 1980. Rehearing denied July 3, 1980. Convicted of second degree murder, defendant appealed. Affirmed 1. CRIMINAL LAW — Homicide Prosecution — Evidence Undisputed — Cooling Off Period — Relatively Long — Trial Court […]

83 P.2d 328 ESTATE OF CHUCOVICH. THE PEOPLE v. JOVANOVICH ET AL. No. 14,374.Supreme Court of Colorado. Decided October 3, 1938. Proceeding involving the construction of a will, particularly as to a provision therein authorizing the establishment of a “suitable monument” in honor of a friend of testator. The county court held that the building […]

74 P.2d 99 McNICHOLS, AUDITOR OF THE CITY AND COUNTY OF DENVER v. CITY AND COUNTY OF DENVER ET AL. No. 14,229.Supreme Court of Colorado. Decided October 25, 1937. A proceeding under the Uniform Declaratory Judgments Act to determine whether or not the City and County of Denver has power to issue municipal bonds and […]

(596 P.2d 1189) Robert Bloxsom and Margaret Jean Bloxsom v. San Luis Valley Crop Care, Inc. No. 28056Supreme Court of Colorado. Decided June 25, 1979. Action by farmer for damages to alfalfa crop caused by defendant’s negligent aerial application of herbicides to an adjacent farm. From a judgment entered in favor of plaintiffs, the defendant […]

135 P.2d 237 GUTHNER, MANAGER OF SAFETY AND EX OFFICIO SHERIFF v. UNION FINANCE AND LOAN COMPANY. No. 15,087.Supreme Court of Colorado. Decided March 15, 1943. Action in replevin. Judgment for plaintiff. Affirmed. 1. ESTOPPEL — Factual and Legal Questions. Estoppel is predicated on a factual situation, and while in cases where only one inference […]

Chambliss/Jenkins Associates, a Partnership v. Louise Forster, M. C. Schumann, Betty June Schumann, Harold W. Reeder, Ann Reeder, Alfred B. Carrick, Eula B. Carrick, La Villa Grande, Inc., a non-profit corporation, Bethesda Care Centers, a Nebraska corporation, Columbine Village, Inc., a non-profit corporation, Columbia Savings Loan Association, First National Bank-North in Grand Junction, Grand Junction […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of Anna Lloyd-Pellman, Respondent-Appellant. No. 92CA0287Colorado Court of Appeals. Decided December 3, 1992. Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Page 1310 H. Lawrence Hoyt, Boulder County Attorney, Leslie Wright Lacy, Assistant County Attorney, for Petitioner-Appellee. Evan Freirich, for […]

Brad McINTIRE, Plaintiff-Appellant v. TRAMMELL CROW, INC., Defendant-Appellee. No. 06CA1074.Colorado Court of Appeals. November 1, 2007. Appeal from the District Court, Arapahoe County, J. Mark Hannen, J. Page 978 Cohen Associates, P.C., Jeffrey Cohen, Benjamin M. Petre, Denver, CO, for Plaintiff-Appellant. Overturf McGath Hull Doherty, P.C., Mark C. Overturf, Robert I. Lapidow, Denver, CO, for […]

(316 P.2d 250) LEWIS EMMETT JUDD v. DERRIL ARAGON. No. 17,944.Supreme Court of Colorado. Decided October 7, 1957. Rehearing denied October 28, 1957. Action for damages for personal injuries by pedestrian against motorist. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Negligence — Last Clear Change. Before a plaintiff may recover under the doctrine of last […]

(381 P.2d 35) JERRY W. LEE, ET AL., v. MISSOURI PACIFIC RAILROAD COMPANY, ETC., ET AL. No. 20,151.Supreme Court of Colorado. Decided April 29, 1963. From the judgments entered for defendants pursuant to directed verdicts, the plaintiffs bring error. Affirmed in Part, Reversed in Part. 1. TRIAL — Directed Verdict — Evidence — How Viewed. […]

People v. Jaramillo No. 99PDJ056Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. September 20, 2001. Page 724 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 725 Attorney Regulation. The Presiding Disciplinary Judge and Hearing Board disbarred Benjamin Antonio […]

(437 P.2d 339) Elaine Chew and Holt Chew, and Intermountain Land Development Co. v. Acacia Mutual Life Insurance Company, Hulsey E. Ferrill, Olga Ferrill, G. P. Japha, Gertrude Haas, Helen Bush as the Public Trustee of the County of Jefferson and State of Colorado, Trustee Company, a Colorado Corporation, Helene C. Zarlengo, Henry E. Zarlengo. […]

Romie HURTADO, Plaintiff-Appellant, v. Timothy K. BRADY, D.C., Defendant-Appellee. No. 05CA2556.Colorado Court of Appeals. February 8, 2007. Certiorari Denied June 21, 2007. Appeal from the District Court, Mesa County, Nicholas R. Massaro, J. Page 872 Killian, Guthro Jensen, P.C., James P. Guthro, Grand Junction, Colorado, for Plaintiff-Appellant. Walberg, Dagner Tucker, P.C., Andrew A. Scott, Centennial, […]

169 P.2d 171 ROBINSON BRICK COMPANY v. LUTHI. No. 15,433.Supreme Court of Colorado. Decided April 29, 1946. An action to obtain an injunction against defendant brick company prohibiting it from making further excavations, and requiring it to refill those already existing, on its premises, and for damages. Judgment for plaintiff. Affirmed in Part. Reversed in […]

Barbara Berry, Plaintiff-Appellant, v. American Federal Savings, Bruce M. Wellens, Stephen R. Stiles, and Paul Clarkin, Defendants-Appellees. No. 85CA0278Colorado Court of Appeals. Decided November 6, 1986. Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Ranson, Thomas Yukawa, Stephanie H. Yukawa, for Plaintiff-Appellant. Sherman, Howard, Baker Wendleken, Raymond M. Deeny; […]

The People of the State of Colorado, Complainant, v. David Samuel Yost, Attorney-Respondent. No. 87SA490Supreme Court of Colorado. Decided February 8, 1988. Original Proceeding in Discipline Page 543 Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Attorney-Respondent appearing Pro Se. EN BANC JUSTICE KIRSHBAUM delivered the Opinion of the Court. [1] […]

Kim Klancke, Kirk Klancke, Jill Klancke Cook, and Kit Klancke, Plaintiffs-Appellants, v. Peter M. Smith, individually and as a partner of Peter M. Smith and Susan Y. Young Law Offices; Susan Y. Young, individually and as a partner of Peter M. Smith and Susan Y. Young Law Offices; Peter M. Smith and Susan Y. Young […]

The People of the State of Colorado, Plaintiff-Appellee, v. Paul Dana Williams, Defendant-Appellant. No. 86CA0003Colorado Court of Appeals. Decided November 20, 1986. Rehearings Denied December 24, 1986. Certiorari Denied People May 11, 1987 (87SC34). Appeal from the District Court of Routt County Honorable Claus J. Hume, Judge Page 1230 Duane Woodard, Attorney General, Charles B. […]

(589 P.2d 950) In the Matter of the Claim of Clark Dick (Deceased) v. Industrial Commission of the State of Colorado, The Director of The Industrial Commission of the State of Colorado, Climax Uranium Company, and The State Compensation Insurance Fund of the State of Colorado No. C-1436Supreme Court of Colorado. Decided January 29, 1979. […]

(377 P.2d 110) LOUIS S. MIDDLEMIST, as Public Administrator or the City and County of Denver, and FRIEDA A. FINLEY v. CLYDE F. MOSIER ET AL. No. 20,247.Supreme Court of Colorado. Decided November 19, 1962. Rehearing denied January 7, 1963. Action to enjoin foreclosure of trust deed. From a judgment enjoining foreclosure, the defendants bring […]

(532 P.2d 757) B. W. Burks v. Leroy L. and Carol A. Verschuur No. 74-188Colorado Court of Appeals. Decided December 17, 1974. Rehearing denied January 14, 1975. In declaratory judgment action relative to the payment provisions of a contract for the purchase of land, plaintiff appealed from judgment entered for defendants on their counterclaim. Reversed […]

Tri-State Commodities, Inc., and Argonaut Midwest Insurance Company, Petitioners, v. Frank R. Stewart (Deceased); the Industrial Commission of Colorado; Sherry Jo Stewart as mother and next friend of Jason, Gentry and Jennifer Stewart; and Myrna Edna Stewart, Greg Ingram, Lori Ingram, Monte Ingram and Scott Ingram, Respondents. No. 83CA1442Colorado Court of Appeals. Decided June 28, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mark E. ROCKWELL, Defendant-Appellant. No. 02CA1812.Colorado Court of Appeals. Division III. December 31, 2003. As Modified on Denial of Rehearing April 29, 2004. Rehearing Denied July 29, 2004. Certiorari Granted January 10, 2005. Appeal from the District Court, Douglas County, Thomas J. Curry, J. Page 901 […]

137 P.2d 405 INDUSTRIAL COMMISSION ET AL. v. PARRA. INDUSTRIAL COMMISSION ET AL. v. LAZAR. No. 15,286. 15,287.Supreme Court of Colorado. Decided April 26, 1943. A proceeding involving claims of employees under the Colorado Employment Security Act. The district court ordered allowance of compensation. Affirmed. 1. MASTER AND SERVANT — Unemployment Compensation — Statutes. In […]

(373 P.2d 304) HARRY WILLIAM HARVEY v. LEONA R. HARVEY. No. 20,086.Supreme Court of Colorado. Decided July 23, 1962. Action for divorce, Judgment for plaintiff. Affirmed. 1. DIVORCE — Evidence — Sufficiency. Where there was sufficient evidence to support judgment of trial court on question of cruelty by defendant, issue of whether there were extenuating, […]

(592 P.2d 792) P. E. Page, a/k/a Paul Page v. Morton J. Clark and Alice R. Clark No. C-1407Supreme Court of Colorado. Decided March 26, 1979. Opinion modified and as modified rehearing denied April 23, 1979. Action by purchaser for unlawful detainer against vendors to terminate their tenancy in property on which they were residing […]

(545 P.2d 702) The People of the State of Colorado v. Carlos Juan Medina No. 26451Supreme Court of Colorado. Decided February 2, 1976. Defendant was convicted of menacing, a class 5 felony, and appealed. Affirmed 1. PROSECUTING ATTORNEYS — Menacing — Remarks — Failure to Produce Witnesses — Shift — Burden of Proof — Negative. […]

The People of the State of Colorado, Complainant, v. John I. Perrott, Attorney-Respondent. No. 88SA315Supreme Court of Colorado. Decided February 27, 1989. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, for Complainant. John I. Perrott, Pro Se. EN BANC JUSTICE ERICKSON administered the Public Censure. [1] John I. Perrott, you appear before this Court to […]

(220 P.2d 864) MATSON ET AL. v. WHITE ET AL. No. 16,432.Supreme Court of Colorado. Decided June 5, 1950. Rehearing denied July 10, 1950. An action to enforce a contract to supply water to plaintiffs from a well of defendants. Judgment for plaintiffs. Affirmed in Part, Reversed in Part. 1. CONTRACTS — Assignment. “A contract […]

Double D Manor, Inc. and Marjorie Rust, Petitioners, v. Evergreen Meadows Homeowners’ Association, Lillian Pauline Miller, Robert Eugene Miller, William L. Weaver, Nancy Weaver, Theodore Ziegers, Marianne Ziegers, Coleman Gulley, and Mrs. Coleman Gulley, Respondents. No. 87SC246Supreme Court of Colorado. Decided April 24, 1989. Certiorari to the Colorado Court of Appeals. Holme Roberts Owen, Edmond […]

In The Matter of James A. Cleland, Attorney-Respondent. No. 99SA89.Supreme Court of Colorado. May 22, 2000 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY DISBARRED John S. Gleason, Attorney Regulation Counsel, James C. Coyle, Assistant Regulation Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance By or on Behalf of Attorney-Respondent EN BANC PER CURIAM [1] The respondent in […]

The People of the State of Colorado, Plaintiff-Appellant in 88SA155, v. Matthew Todd Schweer, Defendant-Appellee in 88SA155, and The People of the State of Colorado, Plaintiff-Appellant in 88SA156, v. Michael J. Jones, Defendant-Appellee in 88SA156. No. 88SA155 No. 88SA156Supreme Court of Colorado. Decided June 26, 1989. Appeals from the District Court, of Park County Honorable […]

Thomas Brown, Plaintiff-Appellant, v. American Family Insurance Group and American Family Mutual Insurance Company, Defendants-Appellees. No. 98CA0309Colorado Court of Appeals. April 1, 1999 Petition for Rehearing DENIED May 13, 1999 Certiorari Denied December 13, 1999. Appeal from the District Court of the City and County of Denver, Honorable Joseph E. Meyer, III, Judge, Honorable Nancy […]

Wheatridge Lumber Company, Inc., a Colorado corporation, and Charles F. Potuzak, an individual, Plaintiffs-Appellants, v. Valley Water District, Defendant-Appellee. No. 88CA1584Colorado Court of Appeals. Decided November 2, 1989. Rehearing Denied December 7, 1989. Certiorari Denied April 2, 1990 (90SC14). Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge Weller, Friedrich, Ward […]

Jesse Gonzales, Plaintiff-Appellee, v. Colorado Department of Revenue, and Alan Charnes, Executive Director of said department, Defendants-Appellants. No. 84CA0393Colorado Court of Appeals. Decided October 23, 1986. Appeal from the District Court of Boulder County Honorable Michael R. Enwall, Judge Page 755 Harry J. Holmes, Carol J. Huber, for Plaintiff-Appellee. Duane Woodard, Attorney General, Charles B. […]

187 P.2d 930 JENNINGS v. MORRISON, SECRETARY OF STATE ET AL. No. 15,968.Supreme Court of Colorado. Decided December 8, 1947. A proceeding involving the fixing of a ballot title and submission clause for a proposed initiative amendment to the state Constitution. Title as fixed by the statutory board amended, and as amended, approved. Original Proceeding. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard D. Fry, Defendant-Appellant. No. 00CA1459.Colorado Court of Appeals. Div. II. November 7, 2002. Rehearing Denied January 2, 2003. Certiorari Granted August 4, 2003. Larimer County District Court No. 96CR213; Honorable James H. Hiatt, Judge JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 361 [EDITORS’ NOTE: […]

Mesa Sand and Gravel Co., Plaintiff-Appellee, Cross-Appellant, v. Landfill, Inc., Defendant-Appellant, Cross-Appellee. No. 84CA1387Colorado Court of Appeals. Decided February 18, 1988. Rehearing Denied Mesa Sand March 17, 1988. Rehearing Denied Landfill April 7, 1988. Certiorari Granted Landfill August 1, 1988 (88SC190). Appeal from the District Court of Boulder County Honorable Morris W. Sandstead, Judge Page […]

(262 P.2d 266) COLORADO CONTRACTORS ASSOCIATION ET AL. v. PUBLIC UTILITIES COMMISSION. No. 16,986.Supreme Court of Colorado. Decided October 13, 1953. An action involving the Public Commercial Carrier Act. Judgment of dismissal. Reversed. 1. AUTOMOBILES — Commercial Carrier Act — Purpose. “The purpose of the registration fees required by the Motor Vehicle Act is not […]

44 P.2d 914 SHARER v. THE PEOPLE. No. 13,397.Supreme Court of Colorado. Decided April 15, 1935. Plaintiff in error was convicted of forgery. Reversed. On Application for Supersedeas. 1. APPEAL AND ERROR — Objections — Waiver. On review, technical objections will be deemed waived, no error or cross-error being assigned thereto. 2. TRIAL — Criminal […]

In Re the Marriage of: Teresa Lucille Kluver, Appellee, v. Laverne William Kluver, Appellant. No. 87CA1065Colorado Court of Appeals. Decided February 9, 1989. Appeal from the District Court of Boulder County Honorable Michael R. Enwall, Judge. Miller Saxton, P.C., Carol J. Shively, for Petitioner-Appellee. Johnson Johnson, P.C., Dale E. Johnson, for Respondent-Appellant. Division II. Page […]

130 P.2d 89 MACE v. SPAULDING. No. 14,998.Supreme Court of Colorado. Decided October 5, 1942. Action by attorney to recover for professional services and money advanced in connection therewith. Judgment for plaintiff. Reversed. 1. ACCOUNT STATED — Words and Phrases. An account stated is an agreement that the balance and all items of an account […]

(447 P.2d 536) Albert J. Kostal v. The People of the State of Colorado. No. 23355.Supreme Court of Colorado. Decided November 25, 1968. Defendant was convicted of murder. From a denial of his motion for post conviction relief, the defendant brought error. Affirmed. 1. CRIMINAL PROCEDURE — Post Conviction Relief — Motion — Lack of […]

(221 P.2d 383) WIGTON v. McKINLEY ET AL. No. 16,309.Supreme Court of Colorado. Decided May 22, 1950. Rehearing denied July 17, 1950. An action to determine interests in, and quiet title to, real property. Judgment for defendants. Affirmed. 1. PRACTICE AND PROCEDURE — Appeal and Error — Briefs. The flagrant violation of the rules of […]

(411 P.2d 11) Eura V. Jones, Executor, Etc., Plaintiff, v. Estate of Olive J. Lambourn, Etc., et al., Defendants. No. 21090Supreme Court of Colorado. Decided February 14, 1966. From a judgment overruling objections of executor to final report of conservator of estate, executor brings error. Affirmed 1. EXECUTORS AND ADMINISTRATORS — Conservator — Real Estate […]

Notch Mountain Corporation, Petitioner, v. Jack Elliott, Respondent. No. 94SC325Supreme Court of Colorado. Decided June 26, 1995 Rehearing Denied July 24, 1995. Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 551 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

(587 P.2d 796) In re Matter of the Estate of John Rowland Nelson Wimbush, a/k/a John R. N. Wimbush, a/k/a Rowland N. Wimbush, deceased. Pennington Rowland Hugh Wimbush and Lynda Wimbush Woodrich v. Lucille C. Wimbush and Anthony F. Zarlengo No. 77-771Colorado Court of Appeals. Decided August 31, 1978. Rehearing denied October 12, 1978. From […]

(527 P.2d 878) The People of the State of Colorado v. John J. Storr The People of the State of Colorado v. Francis A. Mojo, Jr. No. 25381 No. 25461Supreme Court of Colorado. Decided September 30, 1974. Opinion modified and as modified rehearing denied November 11, 1974. Defendants were convicted of possessing a narcotic drug […]

Capital Associates International, Inc., Petitioner-Appellant, v. Arapahoe County Board of Commissioners, Respondent-Appellee, and The Board of Assessment Appeals, Appellee. No. 89CA1796Colorado Court of Appeals. Decided November 8, 1990. Appeal from the Board of Assessment Appeals. Ballard, Spahr, Andrews Ingersoll, Roger P. Thomasch, Clayton A. Reeves, Mark J. Gilbert, John L. Ruppert, for Petitioner-Appellant. Peter Lawrence […]

(293 P.2d 296) ADELINE GILLESPIE LEHMAN, ET AL. v. LOUISE HINDMAN SHAW. No. 17,617.Supreme Court of Colorado. Decided February 6, 1956. Rehearing denied February 27, 1956. Action to set aside a conveyance of real estate. Judgment for defendant. Affirmed. Error to the District Court of El Paso County, Hon. John G. Reid, Judge. Messrs. SUTTON, […]

(423 P.2d 579) Bank of Kimball, a Nebraska banking corporation v. John Rostek. No. 21304.Supreme Court of Colorado. Decided February 14, 1967. Action by purchaser of promissory note against the maker. Judgment for defendant. Affirmed Upon Condition. 1. BILLS and NOTES — Face — Negotiable — Bank — Holder in Due Course — Complaint. Reviewing […]

Charles McGrath, Director of the Division of Labor, as Administrator of the Major Medical Insurance Fund, Petitioner, and Hammel Sales Company, and State Compensation Insurance Fund, Interested Parties, v. Industrial Commission of Colorado and H. Conway Gandy, Hearing Officer of the Division of Hearing Officers, Department of Administration, and Robert James Gold, Respondents. No. 83CA0333Colorado […]

Donald P. Smith, Jr. and Marjorie Smith, Plaintiffs-Appellees, Cross-Appellants, v. Joan Hayden, Defendant-Appellant, and Frank and Anna Riedel, Defendants, Cross-Appellees. No. 87SA247Supreme Court of Colorado. Decided April 10, 1989. Appeal from District Court, Jefferson County Honorable Winston Wolvington, Judge. Page 48 Irvin M. Kent, for Plaintiffs-Appellees, Cross-Appellants. Robinson, Waters, O’Dorisio Rapson, P.C., Jeremy P. Cohen, […]

174 P.2d 345 FEY v. PARRISH. No. 15,212.Supreme Court of Colorado. Decided November 12, 1946. An action for damages for personal injuries resulting from a collision between motor vehicles. Judgment of nonsuit. Reversed. 1. AUTOMOBILES — Contributory Negligence — Evidence. In the trial of an action for damages resulting from a collision between motor vehicles, […]

(417 P.2d 496) Woodrow Price Williams, Jr. v. The District Court of the Eighth Judicial District in and for the County of Larimer, State of Colorado, and the Honorable Dale E. Shannon, a Judge thereof. No. 22322.Supreme Court of Colorado. Decided August 15, 1966. Original proceeding involving petition for writ of habeas corpus and motion […]

Jack D. Weason, Petitioner, v. The Colorado Court of Appeals and The Honorable Charles D. Pierce, One of the Judges Thereof, Respondents. No. 86SA228Supreme Court of Colorado. Decided January 26, 1987. Original Proceeding David F. Vela, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, for Petitioner. Duane Woodard, Attorney General, Charles B. […]

Joseph Noel Leonardo, Jr., Petitioner, v. The People of the State of Colorado, Respondent. No. 84SC216Supreme Court of Colorado. Decided December 2, 1986. Rehearing Denied December 22, 1986. Certiorari to the Colorado Court of Appeals Page 1253 J. Gregory Walta, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. […]

(480 P.2d 853) Christian F. Murer v. J. Peter Rogowski, Ora K. Smith, Justine V. R. Milliken, James R. Keighley, William A. Bowes, and Harry J. Sykes No. 70-536 (Supreme Court No. 23979)Colorado Court of Appeals. Decided February 16, 1971. Defendant held in contempt for perjury following hearing in which testimony and evidence was presented […]

(604 P.2d 272) The People of the State of Colorado v. James Franklin Boos No. 28522Supreme Court of Colorado. Decided December 17, 1979. Appeal by the People of dismissal of a number of felony charges against defendant for failure to comply with the speedy trial provisions of the Uniform Mandatory Disposition of Detainers Act. Affirmed […]

The People of the State of Colorado, Petitioner v. Duane Fred Schneider, Respondent. No. 99SC401Supreme Court of Colorado. May 21, 2001 Certiorari to the Colorado Court of Appeals Court of Appeals, No. 97CA2185 JUDGMENT REVERSED AND CASE REMANDED No. 99SC401 — People v. Schneider — Postconviction relief — AlfordPlea — Guilty Plea — Withdrawal of […]

Christopher Denmark, Plaintiff-Appellee, v. The State of Colorado and Board of Directors, Auraria Higher Education Center, Defendants-Appellants. No. 96CA1573Colorado Court of Appeals. September 4, 1997 Petition for Rehearing DENIED Petition for Writ of Certiorari DENIED May 11, 1998. Appeal from the District Court of the City and County of Denver, Honorable Paul A. Markson, Jr., […]

(255 P.2d 391) TRANSAMERICA CORPORATION v. MERRION ET AL. No. 16,665.Supreme Court of Colorado. Decided January 26, 1953. Rehearing denied March 24, 1953. An action for damages for alleged conversion of property. Judgment for defendants. Reversed. 1. CHATTEL MORTGAGES — Liens — Waiver. In an action involving a chattel mortgage, it is held that, under […]

(489 P.2d 1042) The People of the State of Colorado v. James W. Heyer. No. 25187Supreme Court of Colorado. Decided October 18, 1971. Original proceedings in discipline. Public Censure. 1. ATTORNEYS AT LAW — Failure to Act — Diligence — Clients — Judicial Proceedings — Public Censure. Attorney who conducted himself in a manner contrary […]

(506 P.2d 390) Grace Clinger v. United States Fire Insurance Company No. 71-480Colorado Court of Appeals. Decided February 6, 1973. Action to recover on insurance policy for loss of amphibious vehicle which sank while being demonstrated for possible sale. Insurer defended on basis that demonstrator was not a “qualified employee.” From dismissal of action, plaintiff […]

Jo-Anne Carpenter, Plaintiff-Appellant, v. Civil Service Commission, City of Aurora, Annabelle M. Dunning, Chairman, Ellis Burton, John Kish, William Davis and Francis D. Cunningham, members of said Commission and the City of Aurora, a Colorado municipal corporation, Defendants-Appellees. No. 89CA1718Colorado Court of Appeals. Decided December 6, 1990. Rehearing Denied February 7, 1991. Certiorari Denied July […]

(375 P.2d 105) ELLA TATE MARTIN v. THE DISTRICT COURT IN AND FOR THE COUNTY OF ADAMS, ET AL. No. 20,392.Supreme Court of Colorado. Decided October 8, 1962. Original proceeding in prohibition to require district court to suspend proceedings in pending action. Proceedings Suspended. 1. COURTS — Jurisdiction — Actions — Court First Acquiring. The […]

Dennis Wakabayashi, d/b/a a Moonchild and d/b/a Leo Rising; Mile High One Stop, Inc., a Colorado Corporation; Greg Porter, d/b/a Home Sweet Home; Happy Trails, Inc., a Colorado Corporation; James Janus, d/b/a Janus Industries, Plaintiffs-Appellees, v. Dale Tooley in his official capacity as District Attorney for the County of Denver; Arthur Dill in his official […]

Ralph W. Collins, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, and L.P.W., Incorporated, Respondents. No. 90CA0810Colorado Court of Appeals. Decided February 28, 1991. Rehearing Denied March 28, 1991. Certiorari Denied July 29, 1991 (91SC232). Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 805 […]

Arthur Louis MARTINEZ, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 09SC887.Supreme Court of Colorado. November 30, 2010. Rehearing Denied January 10, 2011.[*] [*] Justice Marquez does not participate. Appeal from the District Court, Adams County, C. Vincent Phelps, J. Page 136 Douglas K. Wilson, Colorado State Public Defender, Andrew C. Heher, […]

(613 P.2d 867) In Re: Second Initiated Constitutional Amendment Respecting the Rights of the Public to Uninterrupted Service by Public Employees of 1980; Colorado AFL-CIO, Norman N. Pledger, Zelda Bransted, Joe Genova and Tracy Smith and Ruth E. Prendergast, Hugh C. Fowler and George W. Hawkins, and James C. Wilson, J. D. MacFarlane, and Mary […]

John J. EICHHORN, Plaintiff-Appellant, v. Georgia KELLEY and Walter Keith, Defendants-Appellees. No. 03CA1202.Colorado Court of Appeals. December 16, 2004. Certiorari Denied May 16, 2005. Appeal from the District Court, Gunnison County, J. Steven Patrick, J. Page 545 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

(363 P.2d 184) JOHN MARK NOTHAUS v. ROBERT A. THEOBALD, DIRECTOR OF REVENUE. No. 19,681.Supreme Court of Colorado. Decided July 3, 1961. Rehearing denied July 31, 1961. Original proceeding to compel issuance of operator’s license. Rule to show cause issued. Rule Made Absolute. 1. AUTOMOBILES — Operator’s License — Wrongful Suspension — Renewal. Where operator’s […]

The People of the State of Colorado, Petitioner, v. John Francis Huckleberry, Respondent. No. 87SC49Supreme Court of Colorado. Decided February 21, 1989. Rehearing Denied March 13, 1989. Certiorari to the Colorado Court of Appeals Page 1236 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Peter J. Stapp, […]

Barbara J. Kussman, Petitioner, v. City and County of Denver, Respondent. No. 83SC214Supreme Court of Colorado. Decided September 30, 1985. Rehearing Denied October 21, 1985. Certiorari to the Colorado Court of Appeals Page 777 E. Gregory Martin, Martin Snyder; Debra A. Halperin, Dominick Halperin, for Petitioner. Stephen H. Kaplan, Denver City Attorney, Carl R. Mangino, […]

Mastercar, Inc., Plaintiff-Appellant, v. Amoco Oil Company, Bill Horn and Kermit Teske, Defendants-Appellees. No. 90CA2104Colorado Court of Appeals. Decided January 16, 1992. Rehearing Denied February 27, 1992. Certiorari Denied August 24, 1992 (92SC172). Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Judge. Page 535 Thomas E. McCarthy, for Plaintiff-Appellant. Kirkland Ellis, […]

(274 P.2d 600) KALISH v. BRICE ET AL. No. 17,233.Supreme Court of Colorado. Decided September 27, 1954. Rehearing denied October 18, 1954. An action for return of a payment made under an option for the purchase of real estate. Judgment of dismissal. Reversed. 1. PLEADING — Complaint — Answer. An amended complaint supersedes the original […]

Harold Dean Hendrickson, Plaintiff-Appellant, v. The State of Colorado, Department of Revenue, Motor Vehicle Division, and W. Bidwell, Hearings Officer, Defendants-Appellees. No. 85CA0116Colorado Court of Appeals. Decided February 13, 1986. Appeal from the District Court of Prowers County Honorable John C. Statler, Judge S. Ford Andersen, P.C., S. Ford Andersen, for Plaintiff-Appellant. Duane Woodard, Attorney […]

Rebecca MUNGER, Plaintiff-Appellant, v. FARMERS INSURANCE EXCHANGE, d/b/a Farmers Insurance Group, Defendant-Appellee. No. 06CA0101.Colorado Court of Appeals. July 12, 2007. Appeal from the District Court, City and County of Denver, R. Michael Mullins, J. Page 833 David A. Klibaner, Denver, Colorado, for Plaintiff-Appellant. Levy, Morse Wheeler, P.C., Marc R. Levy, Heather M. Anderson, Englewood, Colorado, […]

(360 P.2d 808) BOBBOLENE SWINDLER v. ESTATE OF GEORGE POLLO, DECEASED, AND ANNA POLLO, DECEASED. No. 19,055.Supreme Court of Colorado. Decided March 13, 1961. Rehearing denied April 17, 1961. From dismissal of her appeal to the district court from allowance of claim by county court in an estate matter, a legatee brings error. Reversed. 1. […]

(289 P.2d 636) M. C. KAESS, ET AL. v. MAURICE E. WILSON, ET AL. No. 17,609.Supreme Court of Colorado. Decided October 31, 1955. Action for injunction and damages involving water rights. The trial court dissolved a temporary injunction and dismissed the complaint. Affirmed. 1. APPEAL AND ERROR — Findings of Fact. Findings of fact, supported […]

(315 P.2d 818) D. F. PAYNE v. ROBERT E. CUMMING. No. 17,933.Supreme Court of Colorado. Decided September 23, 1957. Action to recover deposit paid on purchase of property. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Rescission — Parol Agreement. A rescission of a written agreement may be established by evidence of a parol agreement of […]

Carlos Abad, Petitioner-Appellant, v. James G. Ricketts, Executive Director of the Colorado Department of Corrections, Respondent-Appellee. No. 81SA28Supreme Court of Colorado. Decided May 17, 1982. Rehearing denied June 1, 1982. Appeal from the District Court of Fremont County, Honorable Max C. Wilson, Judge. J. Gregory Walta, Colorado State Public Defender, Ilene P. Buchalter, Deputy State […]

Peter KEARL, Plaintiff-Appellant, v. PORTAGE ENVIRONMENTAL, INC., an Idaho company, Defendant-Appellee. No. 07CA2527.Colorado Court of Appeals. December 24, 2008. Rehearing Denied February 12, 2009. Appeal from the District Court, Mesa County, David A. Bottger, J. Page 497 King Greisen, LLP, Diane S. King, Denver, Colorado, for Plaintiff-Appellant. Bechtel Santo, LLP, Michael C. Santo, James C. […]

Betty Allen, as Personal Representative of the Estate of Edith Ann Mueller, Deceased; Evelyn Williams and Russell E. Mueller, surviving parents of Edith Ann Mueller; Robert Pettus, Surviving Parent of Natasha Pettus, Deceased; Pia Piro; Dora Esquibel; Cathy Burke; and Wendy Guttenberg, Plaintiffs-Appellants, v. The City of Boulder Housing Authority, Defendant-Appellee. No. 92CA0801Colorado Court of […]

Williams Natural Gas Company, formerly Northwest Central Pipeline Corporation, Plaintiff-Appellee, v. Mesa Operating Limited Partnership, formerly Mesa Petroleum Co., Defendant-Appellant. and The Oil and Gas Conservation Commission of the State of Colorado, Defendant-Appellee, and Northwest Central Pipeline Corporation, n/k/a Williams Natural Gas Company, Plaintiff-Appellee, v. The Oil and Gas Conservation Commission of the State of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gabriel Garciadealba, Defendant-Appellant. No. 85CA1262Colorado Court of Appeals. Decided November 26, 1986. Rehearing Denied January 8, 1987. Certiorari Denied People May 11, 1987 (87SC53). Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge Page 1241 Duane Woodard, Attorney General, Charles B. Howe, Chief […]

In Re: Victor FOGNANI and Anna Marie Fognani, Plaintiffs, v. Robert S. YOUNG and Southern Colorado Clinic, P.C., Defendants. No. 04SA303.Supreme Court of Colorado. February 14, 2005. Appeal from the District Court, Pueblo County, Scott B. Epstein, J. Page 1269 Law Offices of J.E. Losavio, Esq., J.E. Losavio, Stephen L. Cornetta, Pueblo, Fognani Guibord Homsy, […]

Cache National Bank, a National Banking Association, Petitioner, v. Marjorie Lusher, Respondent. No. 93SC334Supreme Court of Colorado. Decided October 17, 1994 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Karowsky, Witwer, Miller Oldenburg, John J. Barry, Greeley, Colorado, Attorneys for Petitioner Robert C. Burroughs, Ault, Colorado, Attorney for Respondent EN BANC JUSTICE SCOTT dissents. […]

19 P.2d 755 ROE v. STANLEY FRUIT COMPANY. No. 13, 253.Supreme Court of Colorado. Decided February 14, 1933. Rehearing denied March 13, 1933. Injunction proceeding. Restraining order dissolved and suit dismissed. Defendant assigns error on the refusal of the trial court to render judgment in his favor on the emergency bond. Affirmed. On Application for […]

The Schuck Corporation, Plaintiff-Appellant, v. Melvin Sorkowitz and Donald W. Schaefer, Defendants-Appellees. No. 81CA0796Colorado Court of Appeals. Decided May 3, 1984. Rehearing Denied June 21, 1984. Certiorari Denied January 21, 1985. Appeal from the District Court of El Paso County Honorable Hunter Hardeman, Judge Page 1367 David C. Mize, for plaintiff-appellant. Spurgeon, Haney Howbert, P.C., […]

Gary Scott Bowers v. The People of the State of Colorado No. 79SC240Supreme Court of Colorado. Decided October 6, 1980. Certiorari to the Colorado Court of Appeals Page 561 Carl F. Manthei, for petitioner. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Nathan B. Coats, Assistant Attorney General, for […]