Category: Colorado Court Opinions

498 P.2d 1166 The People of the State of Colorado In the Interest of D.R.B., Upon the Petition of A.R.B and Concerning G.L.P. No. 71-502Colorado Court of Appeals. Decided May 2, 1972. Rehearing denied May 23, 1972. Certiorari granted July 10, 1972. Paternity proceeding. Putative father personally served in North Carolina, but made no appearance […]

(514 P.2d 784) Metropolitan State Faculty Federation, American Federation of Teachers Local 2042, an unincorporated association, Charles A. Bursiel, Charles E. Page 421 Angeletti, and Robert L. Clifton v. State of Colorado, Metropolitan State College, and the Board of Trustees of the State Colleges of Colorado No. 72-081Colorado Court of Appeals. Decided July 31, 1973. […]

Irma L. Kapushion, personal representative of the Estate of William G. Kapushion, Plaintiff-Appellee, v. Colorado West Packers, Inc., Defendant-Appellant. No. 82CA1079Colorado Court of Appeals. Decided January 24, 1985. Rehearing Denied February 21, 1985. Certiorari Denied June 24, 1985. Appeal from the District Court of Mesa County Honorable Charles A. Buss, Judge Page 626 Hall Evans, […]

(603 P.2d 559) Lee E. Stubblefield v. The District Court in and for the Eighteenth Judicial District, The Honorable John P. Gately No. 79SA142Supreme Court of Colorado. Decided December 3, 1979. Petitioner, judgment debtor, seeks a writ of prohibition to require the district court to vacate a bench warrant for his arrest for failure to […]

Michael D. Mullison, Peitioner, v. The People of the State of Colorado, Respondent. No. 01PDJ089.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. December 16, 2002. Page 505 [1] Readmission Opinion. The Hearing Board readmitted Michael D. Mullison, attorney registration number 15169 to the practice of law in the State of Colorado […]

(436 P.2d 353) Donald V. McLachlan v. The People of the State of Colorado. No. 22255.Supreme Court of Colorado. Decided January 22, 1968. Defendant was convicted of assault with intent to commit rape and committing act of unnatural carnal knowledge, and brought error. Affirmed. 1. RAPE — Assault — Intent — Record — Sufficiency of […]

The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent v. Jeffery Allen LOVEALL, Respondent/Cross-Petitioner. No. 08SC451.Supreme Court of Colorado. May 17, 2010. Appeal from the District Court, Douglas County, Thomas J. Curry, J., Page 409 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

(424 P.2d 113) The People of the State of Colorado v. Cleatis Ben Austin No. 22051.Supreme Court of Colorado. Decided February 27, 1967. Defendant was charged with the crime of felonious escape from the state penitentiary. From a judgment of acquittal, the People bring error. Judgment Disapproved. 1. ESCAPE — Elements — Conviction — Felony […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. VICTOR JOHN BARBIERI, Attorney-Respondent. No. 97SA68Supreme Court of Colorado. March 31, 1997 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Gary M. Jackson, Denver, Colorado, Attorney for Attorney-Respondent EN BANC PER CURIAM [1] […]

(359 P.2d 368) DAVID FISTELL, DOING BUSINESS AS FISTELL’S ELECTRONICS SUPPLY COMPANY v. CENTENNIAL TRUCK LINES, INC, ET AL. No. 19,204.Supreme Court of Colorado. Decided February 14, 1961. Action against carrier for loss of goods. From a judgment for less than the amount claimed the plaintiff brings error. Affirmed. 1. CARRIERS — Loss of Goods […]

The People of the State of Colorado v. Ricky Lyle Taggart No. 80SA32Supreme Court of Colorado. Decided January 5, 1981 Rehearing denied February 2, 1981. Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Jr., Judge. Page 1376 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

Adams County School District 27-J, Plaintiff-Appellant, v. Mack’s Plumbing Heating, Inc., Defendant-Appellee. No. 90CA1058Colorado Court of Appeals. Decided December 5, 1991. Appeal from the District Court of Adams County Honorable Donald W. Marshall, Jr., Judge. Greengard Senter Goldfarb Rice, Thomas S. Rice, Peter H. Doherty, for Plaintiff-Appellant. Pryor, Carney and Johnson, P.C., Arlene V. Dykstra, […]

THE PEOPLE OF THE STATE OF COLORADO, PLAINTIFF-APPELLANT, v. ANDREW THORPE STATON, DEFENDANT-APPELLEE. No. 96SA113Supreme Court of Colorado. SEPTEMBER 23, 1996 Interlocutory Appeal from the District Court, Summit County, Honorable W. Terry Ruckriegle, Judge. Page 128 RULING REVERSED. Peter F. Michaelson, District Attorney, Fifth Judicial District Jeffrey S. Ryan, Deputy District Attorney, Breckenridge, Colorado, Attorneys […]

157 P.2d 144 SAN LUIS VALLEY LAND AND CATTLE COMPANY v. HAZARD ET AL. No. 15,269.Supreme Court of Colorado. Decided March 19, 1945. An action in injunction to prevent interference with plaintiff’s water right. Judgment for defendants. Affirmed. 1. WATER RIGHTS — Ditches — Abandonment. A person may abandon an irrigating ditch without abandoning his […]

In re the Marriage of Maria Herrera, n/k/a Maria Hurtado, Appellant, and Robert L. Herrera, Appellee. No. 87CA1930Colorado Court of Appeals. Decided March 2, 1989. Appeal from the District Court of the City and County of Denver Honorable Connie L. Peterson, Judge. Page 677 Chips Portales, for Appellant. No Appearance for Appellee. Division III. Opinion […]

(511 P.2d 492) The People of the State of Colorado v. Vance E. Story, Glenn K. Svanes, and Gustave B. Wilbur No. 25258Supreme Court of Colorado. Decided June 25, 1973. Defendants were convicted of dispensing LSD and hashish and appealed. Reversed 1. CRIMINAL PROCEDURE — Separate Trial — Joint Defendant — Evidence — Inadmissible — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donald Eugene Smith, Defendant-Appellant. No. 92SA363Supreme Court of Colorado. Decided March 22, 1993. Rehearing Denied March 29, 1993. Appeal from the District Court, Moffat County Honorable Rebecca Love Kourlis, Judge Page 366 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. […]

15 P.2d 623 SHOCKLEY v. HILL. No. 12,904.Supreme Court of Colorado. Decided October 17, 1932. Action in replevin. Judgment for plaintiff. Reversed. 1. SALES — Automobiles — Fraud — Equity — Innocent Party. Where one of two innocent persons must suffer loss by reason of the fraud or deceit of another, the loss should fall […]

(221 P.2d 346) MACARTHUR, MANAGER OF SAFETY OF DENVER v. SIEROTA, DOING BUSINESS AS DIXIE MARKET. No. 16,330.Supreme Court of Colorado. Decided June 26, 1950. A suit involving the issuance of a license by a municipal corporation for the sale of fermented malt beverages. The action of the licensing authority refusing to issue the license […]

(381 P.2d 987) LOUIS W. MACK, SR., ET AL., v. BOARD OF COUNTY COMMISSIONERS OF ADAMS COUNTY AND THE STATE HIGHWAY COMMISSION OF COLORADO. No. 19,917.Supreme Court of Colorado. Decided May 20, 1963. Rehearing denied June 10, 1963. Condemnation proceeding by Highway Commission. From the judgment entered on verdict of jury, the landowners bring error. […]

(310 P.2d 715) AMARILLO AUTO AUCTION, INC. v. R. J. HUTCHINSON. No. 18,001.Supreme Court of Colorado. Decided May 6, 1957. Rehearing denied May 20, 1957. Replevin action involving the right to possession of an automobile. From a judgment for defendant the plaintiff brings error. Reversed and Remanded With Directions. 1. REPLEVIN — Automobile — Issues. […]

White Construction Company, Inc., Plaintiff-Appellee, v. Sauter Construction Company, Inc., Defendant-Appellant. No. 84CA0781Colorado Court of Appeals. Decided November 26, 1986. Opinion Modified and, as Modified Rehearing Denied December 24, 1986. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 785 Lozow, Lozow and Elliott, Charles W. […]

(220 P.2d 355) RUFFINI ET AL. v. AVARA, CONSERVATOR. No. 16,258.Supreme Court of Colorado. Decided May 1, 1950. Rehearing denied June 19, 1950. An action to cancel conveyances of real and personal property, and other relief. Judgment for plaintiff. Affirmed. 1. INCOMPETENCY — Fraud. “Even though a mental condition may not amount to legal insanity, […]

In re the Marriage of Doreen Clark and William N. Clark No. 80CA0107Colorado Court of Appeals. Decided September 4, 1980. Page 1011 Appeal from the District Court of Adams County, Honorable Abraham Bowling, Judge. Ovid R. Beldock, for appellee. A. Daniel Rooney, for appellant. Division I. Opinion by JUDGE COYTE. [1] William N. Clark appeals […]

Danny Baker; Alvin Rohleder, individually, and as father of Nicholas J. Rohleder, deceased; Ronald Smith, individually, and as father of Bryon G. Smith, deceased; and Paul Rasmussen, individually, and as father of Henry M. Rasmussen, deceased, Plaintiffs-Appellants, v. Cyril M. Bratrsovsky, d/b/a CMB Auto Sales, Defendant-Appellee. No. 82CA1061Colorado Court of Appeals. Decided August 16, 1984. […]

C. M. Morey, doing business as Star Motor Freight Lines v. The Public Utilities Commission of the State of Colorado; Edwin R. Lundborg, Edythe S. Miller and Sanders G. Arnold, as the Members thereof; Thacker Bros. Transportation, Inc.; Ephraim Freightways, Inc.; Cargo and Transportation Services, Inc.; Graves Truck Lines, Inc.; and Regular Route Common Carrier […]

(386 P.2d 979) BRUCE RANDALL REED, BY HIS NEXT FRIEND, WANEETA E. BULGER, v. JOY L. BARLOW. No. 20,303.Supreme Court of Colorado. Decided November 18, 1963. Rehearing denied December 9, 1963. Action by minor for damages resulting from collision of coaster with automobile. Judgment for defendant. Affirmed. 1. NEGLIGENCE — Minor — Ordinance — Violation […]

(482 P.2d 955) Connie and Bill Breternitz and Joyce and Ron Todd v. The City of Arvada, a municipal corporation, and City of Westminster, a municipal corporation. No. 24977.Supreme Court of Colorado. Decided March 15, 1971. Rehearing denied April 12, 1971. Appeal from an order of the district court adjudging an attempted annexation of territory […]

In re the Marriage of Melbourne E. Stone, Appellant, and Ronda K. Stone, Appellee. No. 87CA0351Colorado Court of Appeals. Decided December 17, 1987. Appeal from the District Court of Larimer County Honorable James H. Hiatt, Judge Elliott and Neuswanger, P. C., Nancy A. Neuswanger, for Appellant. No Appearance for Appellee. Division III. Opinion by JUDGE […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lynn Marie GRIFFITHS, Defendant-Appellant. No. 08CA2479.Colorado Court of Appeals. June 10, 2010. Appeal from the District Court, Mesa County, Valerie J. Robison, J. Page 463 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

252 P.2d 437 UNION PACIFIC RAILROAD COMPANY v. DENVER-CHICAGO TRUCKING COMPANY, INC. No. 16,791.Supreme Court of Colorado. Decided August 29, 1952. On Rehearing, original opinion adhered to February 16, 1953. An action against carriers for damage to merchandise while in transit. Judgment for plaintiff. Reversed. 1. CARRIERS — Contracts. “A carrier, in the absence of […]

National Surety Corporation, and Dayco Corporation, Plaintiffs-Appellees, v. Citizens State Bank, d/b/a Citizens Bank, Defendant-Appellant. No. 84CA0520Colorado Court of Appeals. Decided December 18, 1986. Appeal from the District Court of Adams County Honorable Oyer G. Leary, Judge Page 664 Gorsuch, Kirgis, Campbell, Walker Grover, P.C., James A. Jablonski, Arun Das, for Plaintiffs-Appellees. Weller, Friedrich, Hickisch, […]

The People of the State of Colorado, Complainant, v. Robert T. Clark, Attorney-Respondent. No. 95SA167Supreme Court of Colorado. Decided July 24, 1995 Original Proceeding in Discipline. ATTORNEY SUSPENDED. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. No Appearance by Attorney-Respondent. EN BANC JUSTICE KOURLIS does not participate. PER […]

(255 P.2d 973) McCLUNG v. GRIFFITH. No. 16,928.Supreme Court of Colorado. Decided April 6, 1953. An action to foreclose a mechanic’s lien, involving a petition for intervention. “The trial court sustained the motion to dismiss, and denied the motion * * * to intervene.” Affirmed. 1. APPEAL AND ERROR — Intervention — Dismissal of Motion. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Nick Avila, Defendant-Appellant. No. 86CA0781Colorado Court of Appeals. Decided December 1, 1988. Rehearing Denied December 29, 1988. Certiorari Denied March 27, 1989 (89SC52). Appeal from the District Court of the City and County of Denver Honorable Connie L. Peterson, Judge. Page 1331 Duane Woodard, Attorney General, […]

Metropolitan Life Insurance Co., Plaintiff, v. Frances P. Trainor, a/k/a Frances P. Davidson Trainor, Defendant-Appellant, and Shirley L. Trainor, Defendant-Appellee. No. 85CA1331Colorado Court of Appeals. Decided March 3, 1988. Appeal from the District Court of the City and County of Denver Honorable Leonard P. Plank, Judge Frank X. Dwyer, Elizabeth S. Schneider, for Defendant-Appellant. Boatwright […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary Approved February 12, 1992, with Regard to the Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the Town of Idaho Springs, James E. Klodzinski, Charles R. Sarner, and Wendell Upright, Petitioners, and Art Rosean and Kelly Seymour, Respondents, and Ray Slaughter, Doug […]

Bobby Fukutomi and H.S.L. Suncrest Properties, Inc., Plaintiffs, v. J.A. Siegel and Walter A. Saunders, Defendants-Appellees, v. Lew S. McGinnis, individually and as Debtor-in-Possession in the Bankruptcy Estate of Lew S. McGinnis, Defendant-Appellant. No. 88CA1513Colorado Court of Appeals. Decided November 16, 1989. Page 148 Appeal from the District Court of El Paso County Honorable Douglas […]

(237 P.2d 110) MARTIN ET AL. v. BOYLE. No. 16,664.Supreme Court of Colorado. Decided September 24, 1951. Rehearing denied October 29, 1951. An action involving a petition for an order and decree establishing a fire protection district. The trial court found the petition to be sufficient, and ordered that an election be held. Affirmed. 1. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John Arthur DeBELLA, Defendant-Appellant. Nos. 06CA2630, 07CA1961.Colorado Court of Appeals. May 14, 2009. Rehearing Denied June 11, 2009. Appeal from the District Court, Jefferson County, Peter A. Weir, J. Page 391 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

Professional Fire Protection, Inc. and Colorado Compensation Insurance Authority, Respondents-Appellants, v. Thomas E. Long, Claimant-Appellee, and The Industrial Claim Appeals Office of the State of Colorado, Appellee. No. 92CA1351Colorado Court of Appeals. Decided December 2, 1993 Page 176 Review of Order From the Industrial Claim Appeals Office of the State of Colorado WC No. 3-873-383 […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jose Borcella Pozo, Defendant-Appellant. No. 83CA1004Colorado Court of Appeals. Decided June 6, 1985. Rehearing Denied July 18, 1985. Certiorari Granted People January 13, 1986 (85SC319). Certiorari filed by Amicus Curiae Denied January 13, 1986 (85SC322). Appeal from the District Court of Arapahoe County Honorable Kenneth K. […]

(468 P.2d 742) Duke W. Dunbar, the Attorney General for the State of Colorado; Guy Van Cleve, the Sheriff of the County of Adams; Floyd W. Marks, the District Attorney for the County of Adams; Earl Towne, the Chief of Police in and for the City of Westminster; and Matthew Matlock, the Chief of Police […]

The People of the State of Colorado, Petitioner, v. Lot 23 and all but the southerly 40 feet of Lot 22, Mountain Meadows Subdivision, Located in Section 30, Township 1 North, Range 71 West, County of Boulder, State of Colorado, and all improvements, appurtenances, the curtilage, buildings, and property therein including personal, tangible, and intangible, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Reynaldo VILLA, Defendant-Appellant. No. 06CA1857.Colorado Court of Appeals. October 1, 2009. Appeal from the District Court, City and County of Denver, Gaspar F. Perricone and Christina M. Habas, JJ. Page 344 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF RIO BLANCO, State of Colorado, Petitioner v. EXXONMOBIL OIL CORPORATION, Respondent. No. 08SC698.Supreme Court of Colorado. November 9, 2009. Rehearing Denied December 14, 2009. Page 303 Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 07CA1054. Murray Dahl Kuechenmeister Renaud LLP, Malcolm M. […]

Robert C. Evans, Plaintiff-Appellant, v. Robert Thompson, also known as Bobby Thompson, d/b/a “Bobby Bail Bonding”, Defendant-Appellee. No. 86CA0940Colorado Court of Appeals. Decided July 7, 1988. Rehearing Denied September 1, 1988. Appeal from the District Court of the City and County of Denver Honorable James C. Flanigan, Judge Maley and Schiff, P. C., John T. […]

(613 P.2d 343) Jeannie L. Norwood v. School District RE-11J, Alamosa County, Colorado No. 78-517Colorado Court of Appeals. Decided January 31, 1980. Petition for rehearing granted and prior opinion announced December 13, 1979, withdrawn. Petition for rehearing denied February 28, 1980. Certiorari granted June 30, 1980. School district appealed a judgment ordering reemployment of teacher […]

(277 P.2d 226) CLOVERLEAF KENNEL CLUB v. RACING COMMISSION ET AL. No. 17,405.Supreme Court of Colorado. Decided November 29, 1954. Rehearing denied December 20, 1954. An action to compel the issuance of a license for racing. Judgment of dismissal. Reversed. 1. WRITS — Peremptory — Motions to Quash. In an action to compel the issuance […]

(354 P.2d 597) RICHARD A. McQUADE v. MARIE McQUADE. No. 19,458.Supreme Court of Colorado. Decided August 22, 1960. On motion for attorney’s fees and costs in defending against writ of error involving child support. Motion Denied Without Prejudice. 1. PRACTICE AND PROCEDURE — Child Support — Litigation — Expense. In an action for support of […]

Wilfredo A. Guevara, Plaintiff-Appellee, v. Donald P. Foxhoven, Defendant-Appellant. No. 95CA1387Colorado Court of Appeals. Decided May 2, 1996 Rehearing Denied May 30, 1996 Petition for Rehearing DENIED May 30, 1996 Page 794 Appeal from the District Court of El Paso County, Honorable James M. Franklin, Judge, No. 95CV32. APPEAL DISMISSED IN PART, AND ORDER AFFIRMED […]

Municipal Subdistrict, Northern Colorado Water Conservancy District, Objector-Appellant, v. Chevron Shale Oil Company, Applicant-Appellee, and Orlyn G. Bell, Division Engineer, Water Division 5, Appellee pursuant to C.A.R. 1(e). No. 98SA377Supreme Court of Colorado. September 13, 1999 Appeal from the District Court, Water Division No. 5, The Honorable Thomas W. Ossola, Judge JUDGMENT AFFIRMED Page 919 […]

Don J. Best Trust, Assignee of Colorado National Bank — Fort Collins, Garnishor, Plaintiff-Appellee, v. Cherry Creek National Bank, Garnishee-Appellant. No. 89CA0731Colorado Court of Appeals. Decided April 19, 1990. Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge Page 303 March Myatt, P.C., Richard S. Gast, for Plaintiff-Appellee. Vinton, Slivka Panasci, Michael […]

Ronald Ray Brewer, Petitioner, v. The District Court in and for the Eighteenth Judicial District, County of Arapahoe, State of Colorado, and the Honorable John P. Gately, District Court Judge in and for the Eighteenth Judicial District, Colorado, Respondents. No. 82SA362Supreme Court of Colorado. Decided December 6, 1982. Rehearing denied January 10, 1983. Original Proceeding […]

(301 P.2d 136) BERNARD McNALLY, ET AL. v. THOMAS G. CURRIGAN, PUBLIC TRUSTEE, ET AL. No. 17,874.Supreme Court of Colorado. Decided September 4, 1956. Action to enjoin foreclosure of deed of trust by public trustee. Judgment for defendants. Affirmed. 1. MORTGAGES — Foreclosure — Delinquent Taxes — Insurance. Where deed of trust on realty, given […]

Cornerstone Partners and Casualty Reciprocal Exchange, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Paula M. Drake, Respondents. No. 91CA0359Colorado Court of Appeals. Decided April 9, 1992. Certiorari extension pending 01/28/93 (93SC22). Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Halaby, McCrea Cross, Julie […]

(437 P.2d 778) Richard B. Gavend, et al v. The City of Thornton, et al. No. 22504.Supreme Court of Colorado. Decided March 4, 1968. Action by property owners against city and others attacking annexation of two parcels of property owned by school district. From summary judgment in favor of defendants, the plaintiffs brought error. Reversed. […]

(566 P.2d 710) Watered Down Farms, a joint venture v. Clarence Rowe No. 76-783Colorado Court of Appeals. Decided March 24, 1977. Opinion modified and as modified petition for rehearing denied May 19, 1977. Certiorari granted July 25, 1977. From a judgment denying his motion to set aside judgment entered against him, defendant appealed, and plaintiff […]

John L. KANE and Derby Drug Store, Inc., Plaintiffs in Error, v. Bernard E. McNALLY, Defendant in Error. No. 70-004.Colorado Court of Appeals, Division II. January 27, 1970. Not Selected for Official Publication. Gaunt, Byrne Dirrim, Bradley J. Coover, Charles T. Byrne, Brighton, for plaintiffs in error. Costello Kofoed, Eugene F. Costello, David L. Kofoed, […]

In the Matter of the Petition of M.G., Petitioner-Appellant, for the Adoption of Three Children, and Concerning R.V., Respondent-Appellee, and B.V., Intervenor-Appellee. No. 01CA0973.Colorado Court of Appeals. Division I September 12, 2002. Certiorari Denied December 16, 2002. El Paso County District Court Nos. 99JA486, 99JA488 99JA489; Honorable Edward S. Colt, Judge ORDERS AFFIRMED Page 1146 […]

(592 P.2d 410) Mark L. Levine a/k/a Mark Lee Levine, and Ellen S. Levine, formerly known as Ellen Sachter, on behalf of themselves and all others similarly situated v. Empire Savings and Loan Association, James B. Nutter Company, Midland Federal Savings and Loan Association, Mile High Savings and Loan Association, and Western Federal Savings and […]

Willie Kellum, Plaintiff-Appellant and Cross-Appellee, v. RE Services, LLC, a Colorado limited liability company, Defendant-Appellee and Cross-Appellant. No. 00CA1143Colorado Court of Appeals. July 19, 2001 City and County of Denver District Court No. 99CV1320, Honorable Larry J. Naves, Judge JUDGMENT AFFIRMED AND CROSS-APPEAL DISMISSED Darrell S. Elliott, P.C., James F. Scherer, Denver, CO, for Plaintiff-Appellant […]

Bruce Miller and the Cloud Base, Inc., Plaintiffs-Appellees and Cross-Appellants, v. Thomas Byrne, William White, individually and d/b/a Byrne, Kiely White, a Colorado Partnership and Southern Aviation Insurance Group, Inc., Defendants-Appellants and Cross-Appellees. No. 93CA1157, 93CA1880Colorado Court of Appeals. Decided August 24, 1995 Opinion Modified, and As Modified, Petition for Rehearing DENIED October 5, 1995. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Carol Garcia, Defendant-Appellant. No. 01CA0188Colorado Court of Appeals. April 25, 2002 Morgan County District Court No. 00CR151; Honorable James R. Leh, Judge APPEAL DISMISSED IN PART AND SENTENCE AFFIRMED Division II Plank and Jones, JJ., concur Page 244 Ken Salazar, Attorney General, Evan W. Jones, Assistant […]

(531 P.2d 981) H. Gordon Howard v. The Real Estate Commission of the State of Colorado No. 74-193Colorado Court of Appeals. Decided December 24, 1974. Rehearing denied January 7, 1975. Certiorari denied March 3, 1975. Petitioner sought to have real estate commission issue him a real estate broker’s license without requiring him to take examination, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Earl Lee Bell, Defendant-Appellee. No. 82SA255Supreme Court of Colorado. Decided September 26, 1983. Appeal from the District Court of the County of Arapahoe Honorable John P. Gately, Judge Page 1382 Robert R. Gallagher, Jr., District Attorney, Catherine DiSante, Deputy District Attorney, for Plaintiff-Appellant. David F. Vela, […]

136 P.2d 285 ESTATE OF SEDDON. SEDDON ET AL. v. STATE OF COLORADO. No. 14,980.Supreme Court of Colorado. Decided March 29, 1943. Rehearing denied April 19, 1943. A proceeding involving the estate of a deceased person. Property of the estate ordered turned over to the state under the provisions of the escheat statute. Affirmed. 1. […]

The People of the State of Colorado, Petitioner, v. Bruce Shields, Respondent. No. 90SC678Supreme Court of Colorado. Decided December 9, 1991. Rehearing Denied January 13, 1992. Certiorari to the Colorado Court of Appeals. Page 16 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Robert M. Petrusak, […]

The ESTATE OF Ginger GRANT, a protected person, Plaintiff-Appellee, v. STATE of Colorado and the Colorado Department of Transportation, Defendants-Appellants. No. 06CA2514.Colorado Court of Appeals. March 6, 2008. Appeal from the City and County of Denver District Court, Joseph E. Meyer, III, J. Page 1203 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

Concering the Application for Water Rights in Rio Grande County. The State Engineer and The Division Engineer for Water Division 3, Opposers-Appellants v. David W. Bradley, Applicant-Appellee. No. 01SA295Supreme Court of Colorado. September 9, 2002 Page 1166 Appeal from the District Court, Water Division No. 3, Case No. 99CW25 Honorable Robert W. Ogburn, Judge. Judgment […]

Darryl Province, Plaintiff-Appellant, v. John E. Johnson, Jr., Defendant-Appellee. No. 94CA0562Colorado Court of Appeals. Decided March 23, 1995 Appeal from the District Court of Pueblo County Honorable Rosalie Vigna, Judge No. 92CV0802. JUDGMENT AFFIRMED. Page 67 Shaw Quigg, P.C., Lewis M. Quigg, Pueblo, Colorado, for Plaintiff-Appellant. Raso Sutterlin, P.C., Gary J. Raso, Pueblo, Colorado, for […]

CHEYENNE MOUNTAIN SCHOOL DISTRICT #12; CHARLES MOBLEY, Individually and as a School Board member; CAROL KLINER, Individually and as a School Board member; AL KEMPER, Individually and as a School Board member; JOHN CASSIANI, Individually and as a School Board member; and PATRICK MAGGIO, Individually and as a School Board member, Petitioners, v. DR. LOREN […]

(416 P.2d 161) Sharmar Nursing Home v. The Industrial Commission of Colorado and Kathryn Lee McConnell. No. 21233.Supreme Court of Colorado. Decided June 27, 1966. Rehearing denied August 2, 1966. From a judgment affirming an award of compensation in favor of claimant, the employer brings error. Affirmed. 1. WORKMEN’S COMPENSATION — Statute — Noncompliance — […]

Andrew VITETTA and Janine Vitetta, individually and as parents and next friends for K.M.V., a Minor, Plaintiffs-Appellants and Cross-Appellees, v. Kevin CORRIGAN, M.D. and Colorado Springs Health Partners, P.C., Defendants-Appellees and Cross-Appellants and Fortis Insurance Company, Intervenor-Appellee and Cross-Appellant. No. 07CA0687.Colorado Court of Appeals. August 20, 2009. As Modified on Denial of Rehearing October 15, […]

In re the Marriage of Marilyn Petersen McCabe, Appellee, and Joseph Charles McCabe, Appellant. No. 90CA0689Colorado Court of Appeals. Decided September 26, 1991. Page 1117 Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge. Richard O’Brien Moore, for Appellee. Linda M. Rediger, for Appellant. Division I. Opinion by JUDGE DUBOFSKY. [1] […]

(503 P.2d 348) The People of the State of Colorado v. Raymond Cruz Baca No. 24819Supreme Court of Colorado. Decided November 27, 1972. Defendant was convicted of assault to commit murder and appealed. Reversed 1. ASSAULT AND BATTERY — Assault to Commit Murder — Conviction — Requirements. A conviction for the crime of assault to […]

Dennis Wayne Cooley, Plaintiff-Appellant and Cross-Appellee, v. Paraho Development Corporation and Development Engineering, Inc., Defendants-Appellees and Cross-Appellants. No. 91CA0404 No. 91CA0859Colorado Court of Appeals. Decided September 24, 1992. Rehearing Denied October 29, 1992. Certiorari Granted April 26, 1993 (92SC767). Certiorari Granted on the following issue: Whether the court of appeals erred in its method of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Monte R. Young, Defendant-Appellant. No. 93SA28Supreme Court of Colorado. Decided September 27, 1993 Appeal from the District Court, Jefferson County, Honorable Christopher J. Munch, Judge JUDGMENT AFFIRMED Page 815 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, […]

The People of the State of Colorado, Petitioner, v. Terry Dwayne Gibbens, Respondent. No. 94SC428Supreme Court of Colorado. Decided November 6, 1995 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 605 Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, […]

James F. Kelly, Plaintiff-Appellant, v. Mile Hi Single Ply, Inc., a Colorado Corporation; and Michael T. James, Defendants-Appellees. No. 92CA0422Colorado Court of Appeals. Decided October 7, 1993. Rehearing Denied November 18, 1993. Certiorari Granted May 16, 1994. Appeal from the District Court of the City and County of Denver Honorable John N. McMullen, Judge Schaden, […]

(479 P.2d 289) Elisabeth K. Laugesen and Richard W. Laugesen v. Witkin Homes, Inc., a corporation No. 70-493Colorado Court of Appeals. Decided December 1, 1970. Rehearing denied December 15, 1970. Motion for extension of time to file notice of appeal alleging excusable neglect was filed two days after time for filing notice had expired. Trial […]

(520 P.2d 583) The People of the State of Colorado v. Guy Evan Lichtenwalter No. 25698Supreme Court of Colorado. Decided March 25, 1974. Defendant pleaded guilty to the charge of possession of marijuana. From denial of his motion under Crim. P. 35(a) for reduction of sentence, defendant appealed. Affirmed 1. STATUTES — Constitutional — Presumption […]

70 P.2d 356 MELLOR ET AL. v. BENNET ET AL. No. 14,036.Supreme Court of Colorado. Decided June 21, 1937. Rehearing denied July 12, 1937. Proceeding involving the construction of a will. The trial court held with defendants in error. Affirmed. 1. WILLS — Construction. As a general rule, where the intention of the testator can […]

(586 P.2d 31) The People of the State of Colorado, by and through their duly appointed representative, Frank G. E. Tucker, District Attorney v. The District Court of the State of Colorado, George E. Lohr, as one of the District Court Judges of the District Court Nolan L. Brown, District Attorney in and for the […]

85 P.2d 736 ESTATE OF SHULTZ. SHULTZ, ADMINISTRATOR v. HYSSONG ET AL. No. 14,303.Supreme Court of Colorado. Decided November 7, 1938. Rehearing denied December 12, 1938. Plaintiff in error administrator brings this case here for review, seeking to have reversed the action of the trial court in refusing to set aside its order approving the […]

(287 P.2d 267) DENVER BUILDING AND CONSTRUCTION TRADES COUNCIL, ET AL. v. HENRY SHORE. No. 17,417.Supreme Court of Colorado. Decided August 2, 1955. Rehearing denied September 6, 1955. Action against labor unions for damages arising out of labor dispute. Judgment for plaintiff. Judgment Modified and Affirmed. 1. LABOR RELATIONS — Unions — Liability — Damages. […]

Sharon Kay Riddle, Petitioner, v. Ampex Corporation, National Union Fire Insurance Company, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 91CA1058Colorado Court of Appeals. Decided March 19, 1992. Rehearing Denied May 14, 1992. Certiorari Denied November 11, 1992 (92SC346). Review of Order from the Industrial Claim Appeals Office of the […]

(390 P.2d 812) DON WARD, INC., v. J. A. MILLER AND REDWOOD COMPANY, INC. No. 20,474.Supreme Court of Colorado. Decided March 30, 1964. Action to enjoin private carrier from hauling bulk cement in violation of its certificate to damage of common carrier. From judgment of dismissal the plaintiff brings error. Reversed. 1. CARRIERS — Unauthorized […]

(303 P.2d 692) PEOPLE OF THE STATE OF COLORADO, PUBLIC UTILITIES COMMISSION, ET AL. v. DISTRICT COURT OF THE CITY AND COUNTY OF DENVER, ET AL. No. 18,108.Supreme Court of Colorado. Decided November 19, 1956. An original proceeding wherein the Attorney General seeks relief in the nature of mandamus to compel a district court to […]

(310 P.2d 567) M. S. SCHWARTZ v. HERMAN H. STONE, ALSO KNOWN AS HERMAN H. GOALSTONE. No. 17,960.Supreme Court of Colorado. Decided April 8, 1957. Rehearing denied May 20, 1957. Proceeding to recover money deposited in the registry of the court. From denial of a motion to vacate an order of the trial court disposing […]

Ruth Michaelson, Petitioner, v. Ervin Michaelson, Respondent. No. 93SC438Supreme Court of Colorado. Decided November 7, 1994. Petition for Rehearing DENIED December 5, 1994. Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 696 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

The People of the State of Colorado, Plaintiff-Appellant, v. Clifford C. Stewart, Defendant-Appellee. No. 85SA388Supreme Court of Colorado. Decided July 20, 1987. Appeal from District Court, El Paso County Honorable William E. Rhodes, Judge. Barney Iuppa, District Attorney, David H. Zook, Chief Deputy District Attorney, for Plaintiff-Appellant. Tegtmeier Sears, P.C., Richard L. Tegtmeier; Moline, Ottsen, […]

Robert P. Hilberg, a Minor, by and through his father and next friend, Robert F. Hilberg; and Robert F. Hilberg, Plaintiffs-Appellants, v. F. W. Woolworth Co., a New York corporation; Savage Industries, Inc., a Massachusetts corporation; and William Jack Myers, Defendants-Appellees. No. 86CA0109Colorado Court of Appeals. Decided March 24, 1988. Rehearing Denied April 21, 1988. […]

The People of the State of Colorado v. Raymond Ressin No. 79SA554Supreme Court of Colorado. Decided November 24, 1980. Rehearing denied January 12, 1980. Appeal from the District Court of the City and County of Denver, Honorable Harold Reed, Judge. Page 718 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor […]