Category: Colorado Court Opinions

(495 P.2d 537) Jack A. Martin v. The People of the State of Colorado No. 24738Supreme Court of Colorado. Decided April 10, 1972. Defendant was convicted of vehicular homicide and brought error. Affirmed 1. HOMICIDE — Vehicular — Statute — Felony — Death — Motor Vehicle — Reckless. The vehicular homicide statute, 1965 Perm. Supp., […]

Eileen Marie Moore, Plaintiff-Appellant, v. The City and County of Denver, Defendant-Appellee. No. 00CA2123Colorado Court of Appeals. January 17, 2002 Page 83 City and County of Denver District Court No. 99CV6135; Honorable Larry J. Naves, Judge. JUDGMENT AFFIRMED Schuetze Gordon, LLP, Robert A. Schuetze, Christopher T. Macaulay, Boulder, Colorado, for Plaintiff-Appellant J. Wallace Wortham, Jr., […]

204 P.2d 1083 WILEY v. LININGER. No. 16,124.Supreme Court of Colorado. Decided March 28, 1949. An action to procure a foreclosure decree on real property, and for damages for loss of improvements by fire. Judgment for plaintiff. Judgment Modified and Cause remanded with Instructions. 1. VENDOR AND PURCHASER — Insurance — Contracts. In the absence […]

State Compensation Insurance Fund, Petitioner, v. Patricia Dean, Claimant, Mike I. Baca, Gary Rose, and Peter Nims, Individually and as members of Industrial Commission of the State of Colorado, and the Industrial Commission of the State of Colorado, Charles McGrath, Director of the Division of Labor, Dill Dill, P.C., Alan Dill, Individually and as General […]

Patrick D. Bowlen, PDB Sports, Ltd., PDB Enterprises, Inc., PDB Sports Holdings, Inc., John M. Bowlen, William A. Bowlen, and Mary Beth Jagger, Petitioners, v. District Court, County of Adams, State of Colorado, and the Honorable Michael A. Obermeyer, one of the judges thereof, Respondents. No. 86SA287Supreme Court of Colorado. Decided January 20, 1987. Original […]

(290 P.2d 237) REGINALD L. HOWARD v. CITY OF BOULDER, ET AL. No. 17,804.Supreme Court of Colorado. Decided October 17, 1955. Rehearing denied December 12, 1955. Action by a taxpayer challenging the validity of an amendment to the charter of the City of Boulder. A motion to dismiss the complaint was granted by the trial […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of M.C., a Child, and Concerning S.O.V., Respondent-Appellant. No. 91CA1192Colorado Court of Appeals. Decided December 17, 1992. Appeal from the District Court of Delta County Honorable Robert A. Brown, Judge Page 1314 Bradley K. Kolman, County Attorney, for Petitioner-Appellee. David C. Johnston, for Respondent-Appellant. […]

Ron Troxel, d/b/a Troxel Construction Co., Plaintiff-Appellant, v. Town of Basalt, Loyal Leavenworth, Lee Merkel, Richard Ducic, Daniel Grant, Otis Moreland, Lowell Bair, Margaret Darien, Mildred Remsbecher, Jerome L’Estrange, and Ann Coble, Defendants-Appellees. No. 83CA0413Colorado Court of Appeals. Decided May 3, 1984. Petition for Rehearing Granted and Prior Opinion Announced March 8, 1984, Withdrawn Appeal […]

Cheryl A. KENDRICK, Plaintiff-Appellant, v. Holly L. PIPPIN, Defendant-Appellee. No. 08CA1487.Colorado Court of Appeals. August 6, 2009. Appeal from the District Court, Larimer County, Stephen J. Schapanski, J. Page 381 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 382 [EDITORS’ NOTE: THIS […]

Robert E. Bresciani; Annette Bresciani; Shannon Minnerly and Melanie Minnerly, minor children, by and through their next friends, Robert E. Bresciani and Annette Bresciani, Plaintiffs-Appellees, v. William Haragan, Deputy with El Paso County Sheriff’s Department; Les Milligan, Deputy with El Paso County Sheriff’s Department; and Jim Catazaro, Deputy with El Paso County Sheriff’s Department, Defendants-Appellants. […]

(532 P.2d 51) Board of County Commissioners of Pitkin County v. Friedl Pfeifer and Capital Improvement Corporation, a Texas corporation No. 74-128Colorado Court of Appeals. Decided December 10, 1974. Rehearing denied December 31, 1974. Certiorari granted March 10, 1975. Because sale of property was allegedly in violation of certain county subdivision regulations and state subdivision […]

246 P.2d 616 KISTLER v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT. No. 16,736.Supreme Court of Colorado. Decided June 23, 1952. A proceeding in eminent domain. The jury returned its verdict describing the property taken, fixing the compensation for the lands taken, and damage to the residue. Affirmed. 1. WATER CONSERVANCY DISTRICTS — Definition. A water conservancy […]

(501 P.2d 744) The City of Lakewood, a municipal corporation of the State of Colorado v. Charles Edward Pillow No. C-164Supreme Court of Colorado. Decided October 10, 1972. Respondent was convicted in municipal court of violation of city ordinance which makes it unlawful to possess a dangerous or deadly weapon and appealed. The district court […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ronald B. Tippett, Defendant-Appellant. No. 86SA3Supreme Court of Colorado. Decided March 9, 1987. Rehearing Denied April 6, 1987. Appeal from District Court, Boulder County Honorable Richard C. McLean, Judge Page 1184 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

Robert Lee Van Gerpen v. Maurice Peterson, Hearing Examiner for the State of Colorado, Department of Revenue, Motor Vehicle Division No. 79SA546Supreme Court of Colorado. Decided November 17, 1980. Appeal from the District Court of the County of Larimer, Honorable William F. Dressel, Judge. King and Wallin, Tad Wallin, for plaintiff-appellant. J. D. MacFarlane, Attorney […]

(457 P.2d 698) The People of the State of Colorado in the Interest of an Unborn Child, upon the Petition of Shelba J. Estergard v. Gerald Edward Estergard. No. 23952.Supreme Court of Colorado. Decided August 5, 1969. Action to determine paternity of an unborn child and for an order of support. Juvenile court dismissed the […]

(365 P.2d 893) NICHOLAS J. LANDFORD v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,699.Supreme Court of Colorado. Decided October 30, 1961. Rehearing denied November 20, 1961. Defendant was convicted of aggravated robbery and brings error. Affirmed. 1. CRIMINAL LAW — Trial — Plea — Failure to Enter — Statute. Where defendant proceeded to […]

The People of the State of Colorado, Plaintiff-Appellee, v. Vichai Xiong, Defendant-Appellant. No. 99CA0278.Colorado Court of Appeals. August 17, 2000. Appeal from the District Court of Adams County, Honorable Donald W. Marshall, Jr., Judge, No. 96CR2088. ORDER AFFIRMED. Ken Salazar, Attorney General, Lauren A. Edelstein, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. David S. Kaplan, […]

99 P.2d 978 KELLEY v. BROWN. No. 14,730.Supreme Court of Colorado. Decided March 4, 1940. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Francis E. Bouck not participating. Error to the District Court of Pueblo County, Hon. Harry Leddy, Judge. Mr. A. T. STEWART, Mr. WILLIAM L. LLOYD, for plaintiff […]

State of Colorado, Department of Natural Resources, by and through the Division of Parks and Outdoor Recreation and the Colorado State Board of Parks and Outdoor Recreation, Plaintiff-Appellee, v. Clark General Store, Inc., d/b/a Steamboat Lake Marina and Jack B. Kaufman, individually and doing business as Clark General Store, Inc., and Steamboat Lake Marina, Defendants-Appellants. […]

(484 P.2d 103) The People of the State of Colorado v. Peter John Ware, Jr. No. 25105.Supreme Court of Colorado. Decided May 3, 1971. Defendant was charged with the felony offense of unlawful possession of a narcotic drug, cannabis sativa L, and brings this interlocutory appeal from an adverse ruling of the district court on […]

(350 P.2d 192) DAVID BERGER v. CITY AND COUNTY OF DENVER. No. 18,406.Supreme Court of Colorado. Decided February 29, 1960. Rehearing denied March 28, 1960. Prosecution for violation of traffic ordinance. From the fines and penalties imposed the defendant brings error. Affirmed in Part, Reversed in Part. 1. MUNICIPAL CORPORATIONS — Ordinance — Traffic Violation […]

Halaby, McCrea Cross, Petitioner, v. Honorable Morris B. Hoffman, a Judge of the District Court for the City and County of Denver, Respondent. No. 91SA414Supreme Court of Colorado. Decided June 22, 1992. Original Proceeding. Page 903 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

In re the Marriage of Sharon Graff, Appellee and Cross-Appellant, and Albert Graff, Appellant and Cross-Appellee. No. 93CA1070Colorado Court of Appeals. Decided December 15, 1994. Petition for Rehearing DENIED February 9, 1995. Petition for Writ of Certiorari Denied September 25, 1995. Appeal from the District Court of Fremont County Honorable Julie G. Marshall, Judge No. […]

(215 P.2d 315) MARSOLAIS v. DE ANGELIS. No. 16,315.Supreme Court of Colorado. Decided February 14, 1950. A habeas corpus proceeding involving the extradition of a fugitive from justice. Writ dismissed and petitioner remanded to the custody of the agent of the requesting state. Affirmed. 1. EXTRADITION — Fugitive from Justice — Procedure — Presumption. In […]

(565 P.2d 960) Donald D. Dixon, O.D. v. The State Board of Optometric Examiners of the State of Colorado, James A. Hopkins, O.D., President; Ivan Grupe, O.D., Secretary-Treasurer; C.E. MacLaughlin, O.D., Roger A. Yarwood, O.D., Mr. Leo Armstrong, Officers and Members of the Board of Examiners No. 76-423Colorado Court of Appeals. Decided April 7, 1977. […]

Marcy McKown-Katy and Peter Katy, Plaintiffs-Appellants and Cross-Appellees, v. Rego Company, Defendant-Appellee and Cross-Appellant, and Farmers Insurance Exchange, Plaintiff-Appellant, v. Rego Company, Defendant-Appellee. No. 85CA1499 No. 85CA1577Colorado Court of Appeals. Decided February 2, 1989. Rehearing Denied March 9, 1989. Certiorari Granted 07/24/89 (89SC189). Appeal from the District Court of the City and County of Denver […]

Judy L. Sands, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, the Colorado Division of Employment and Training and McData Corporation, Respondents. No. 89CA1643Colorado Court of Appeals. Decided August 2, 1990. Rehearing Denied August 23, 1990. Certiorari Denied November 26, 1990 (90SC565). Review of Order from the Industrial Claim Appeals Office […]

The People of the State of Colorado, Plaintiff-Appellant, v. Sylvia Joy Dumas, Defendant-Appellee. No. 97SA400Supreme Court of Colorado. March 2, 1998 Interlocutory Appeal from the District Court, Arapahoe County Honorable Christopher Cross, Judge RULING REVERSED AND CASE REMANDED Page 61 James J. Peters, District Attorney, Eighteenth Judicial District John Topolnicki, Chief Deputy District Attorney Englewood, […]

31 P.2d 711 SPAULDING ET AL. v. PORTER. No. 13,073.Supreme Court of Colorado. Decided March 19, 1934. Suit to quiet title to real property. Judgment for plaintiff. Affirmed. 1. PRACTICE AND PROCEDURE — Appeal and Error. Where a demurrer to a first cause of action is sustained, any errors committed during the trial in regard […]

(607 P.2d 1002) Werner Baumgart v. Kentucky Farm Bureau Mutual Insurance Company No. C-1672Supreme Court of Colorado. Decided March 17, 1980. Certiorari to review Caldwell v. Baumgart, 41 Colo. App. 130, 584 P.2d 95 (1978) in which the court of appeals held that under the provisions of the Colorado Auto Accident Reparations Act (No Fault […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kirk C. Hurd, Defendant-Appellant. No. 82CA1473Colorado Court of Appeals. Decided May 17, 1984. Appeal from the District Court of the City and County of Denver Honorable Sandra I. Rothenberg, Judge Page 516 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

The PEOPLE of the State of Colorado, Petitioner v. Darold JORLANTIN, Respondent. No. 07SC875.Supreme Court of Colorado. November 10, 2008. As Modified on Denial of Rehearing December 2, 2008. Appeal from the District Court, Arapahoe County, No. 07CV499, John L. Wheeler, J. Page 259 Carol A. Chambers, District Attorney, Eighteenth Judicial District, Andrew Cooper, Senior […]

Central Electric Supply Company and Casualty Reciprocal Exchange, Petitioners, v. The Industrial Commission of Colorado, Charles McGrath, as Director of the Division of Labor, and Robert Duffy, Respondents. No. 83CA1225Colorado Court of Appeals. Decided September 20, 1984. Rehearing Denied October 25, 1984. Certiorari Denied April 15, 1985. Review of Order from the Industrial Commission of […]

98 P.2d 1120 COLORADO NATIONAL BANK OF DENVER v. BEDFORD, STATE TREASURER. No. 14,684.Supreme Court of Colorado. Decided January 8, 1940. A suit under the Uniform Declaratory Judgments Act involving right of the state to collect from national banks a service tax on safety deposit box business conducted in connection with their banking activities. The […]

(615 P.2d 16) The Joslin Dry Goods Company, a Colorado corporation v. Joseph Dolan, Executive Director of the Department of Revenue, State of Colorado No. 79SA253Supreme Court of Colorado. Decided August 5, 1980. Opinion modified and as modified rehearing denied August 25, 1980. Colorado Department of Revenue appeals from an order of the district court […]

(223 P.2d 202) CROSS v. THE PEOPLE. No. 16,560.Supreme Court of Colorado. Decided October 9, 1950. Plaintiff in error was convicted of taking indecent liberties with a child. Affirmed. 1. CRIMINAL LAW — Indecent Liberties with a Child — Assault. In a criminal prosecution for taking indecent liberties with a child, statute construed, and held: […]

(301 P.2d 139) OLIN MATHIESON CHEMICAL CORPORATION v. PHIL I. FRANCIS, ETC. No. 17,666.Supreme Court of Colorado. Decided August 27, 1956. An action for injunction to enforce compliance with Fair Trade Act. Judgment for defendant. Affirmed. 1. STATUTES — Invalid Statute — Reenactment. The Colorado Fair Trade Act, if invalid at the time of this […]

Durango West Metropolitan District #1, A Special Improvement District duly organized under the laws of Colorado, Plaintiff-Appellee, v. HKS Joint Venture Partnership, Defendant-Appellant. No. 88CA1049Colorado Court of Appeals. Decided May 17, 1990. Appeal from the District Court of La Plata County Honorable James C. Childress, Judge Page 662 Frank J. Anesi, William F. Corwin, for […]

(580 P.2d 1243) The People of the State of Colorado v. Anthony Joseph Lipinski No. 28144Supreme Court of Colorado. Decided July 3, 1978. Rehearing denied July 31, 1978. Defendant appeals the denial of his Crim. P. 35(a) motion to correct an allegedly illegal sentence. Affirmed 1. CRIMINAL LAW — Sentence Enhancer — Statute — Negative […]

(479 P.2d 386) Arthur Everett Small, Jr. a/k/a A. E. Small, Jr. a/k/a A. E. Small v. The People of the State of Colorado. No. 23345.Supreme Court of Colorado. Decided December 21, 1970. Rehearing denied February 1, 1971. Defendant was convicted of confidence game and conspiracy to commit confidence game and brought error. Affirmed. 1. […]

(593 P.2d 351) The People of the State of Colorado v. Victor Mack Burns No. 28288Supreme Court of Colorado. Decided March 26, 1979. Rehearing denied April 30, 1979. Defendant was convicted for theft of a calf and appealed. Affirmed 1. CONSTITUTIONAL LAW — “Equal Protection” — Problem — Arises — Different Penalties — Same Conduct. […]

150 P.2d 312 LAVINGTON, TREASURER ET AL. v. GANO No. 15,430.Supreme Court of Colorado. Decided July 3, 1944. A proceeding involving the validity of a surtax assessment. By its judgment, the district court held the assessment erroneous. Reversed. 1. TAXES AND TAXATION — Property — Title. The state, in the assessment and collection of taxes […]

S.S., Petitioner, v. The Honorable Dana Wakefield, Judge of the Juvenile Court, in and for the City and County of Denver, State of Colorado, Respondent. No. 88SA232Supreme Court of Colorado. Decided November 14, 1988. Original Proceeding John E. Fitzgibbons, for Petitioner. Stephen H. Kaplan, City Attorney, Claire A. Fish, Assistant City Attorney, for Respondent. Page […]

The People of the State of Colorado, Petitioner-Appellee in 86CA1391, In the Interest of V. H., a Child, and concerning P. H., Respondent-Appellant in 86CA1391, and J. H., Respondent-Appellee in 86CA1391. and In re the Marriage of P. H., Appellant in 87CA0110, and J. H., Appellee in 87CA0110. No. 86CA1391 No. 87CA0110Colorado Court of Appeals. […]

Dennis Landers, Petitioner, v. The Industrial Commission of the State of Colorado, Colorado Division of Employment and Training, St. Vrain Valley School District RE-1J, and Boulder Valley School District RE-2, Respondents. No. 85CA0546Colorado Court of Appeals. Decided May 15, 1986. Review of Order from the Industrial Commission of the State of Colorado Page 1228 William […]

The People of the State of Colorado v. Felicio Ostuni No. 02SA157Supreme Court of Colorado. En Banc November 25, 2002 Original Proceeding Pursuant to C.A.R. 21, District Court, City and County of Denver, Case No. 00CR1723, Honorable Lawrence A. Manzanares, Judge Case No. 02SA157 RULE DISCHARGED People v. Ostuni: Presentence Confinement — Interpretation of Sentencing […]

Jennifer J. Voelker, a minor by her next friend, Gary E. Voelker and Shirley A. Voelker, Gary E. Voelker and Shirley A. Voelker, Plaintiffs-Appellants, v. Cherry Creek School District No. 5; Victoria Anne Timm, f/k/a Vicky Vosbeck; and Chris Walling, Defendants-Appellees. No. 90CA1238Colorado Court of Appeals. Decided May 7, 1992. Rehearing Denied June 11, 1992. […]

(594 P.2d 1057) The Board of County Commissioners of The County of Boulder, The City of Boulder, Agnes Barday, and The State of Colorado v. Donald James Barday No. 28502Supreme Court of Colorado. Decided May 21, 1979. Original proceeding in which petitioners have requested the supreme court to enjoin respondent from proceeding pro se as […]

(610 P.2d 1086) The People of the State of Colorado in the Interest of Baby Girl D., a child, and concerning L.J.D. and L.D. No. 78-953Colorado Court of Appeals. Decided April 10, 1980. Mother appealed from a judgment of the juvenile court terminating her parental rights. Reversed 1. APPEAL AND ERROR — Allegation — New […]

James F. Moore, Petitioner, v. The People of the State of Colorado, Respondent. No. 83SC357Supreme Court of Colorado. Decided October 15, 1985. Rehearing Denied November 12, 1985. Certiorari to the Colorado Court of Appeals Haddon, Morgan Foreman, P.C., Norman R. Mueller, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard […]

The People of the State of Colorado, Plaintiff-Appellee, v. George L. McMurrey, Defendant-Appellant. No. 00CA0205Colorado Court of Appeals. November 23, 2001 Pueblo County District Court No. 97CR1328; Honorable Rosalie Vigna, Judge. ORDER AFFIRMED Page 1222 Ken Salazar, Attorney General, Matthew S. Holman, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee David S. Kaplan, Colorado State Public […]

(516 P.2d 1137) Denver Metal Finishing Company, and Division of State Compensation Insurance Fund v. Nettie Williams and Industrial Commission of Colorado. No. 73-169Colorado Court of Appeals. Decided December 4, 1973. From an order of the Industrial Commission awarding claimant certain benefits under the Occupational Disease Disability Act, the employer sought review. Order Set Aside […]

(563 P.2d 356) L. C. Nuttall, Eileen Nuttall, and Rose Miller v. Ann Leffingwell, Assessor of Boulder County and Walden D. Toevs, Margaret Markey, John P. Murphy, and their successors in office, acting as Boulder County Board of Equalization and Board of County Commissioners of Boulder County, Colorado No. 27263Supreme Court of Colorado. Decided May […]

(559 P.2d 258) Orion C. Shockley v. Robert E. Eckels and Richard Eckels No. 75-483Colorado Court of Appeals. Decided December 9, 1976. In action to quiet title to portions of mining claim lying within city limits, trial court entered judgment for plaintiff, and defendants appealed. Affirmed 1. QUIETING TITLE — Town Lots — Within Mining […]

(268 P.2d 401) LUTIN v. ANDERSON. No. 17,107.Supreme Court of Colorado. Decided March 15, 1954. Rehearing denied April 5, 1954. An action for restitution of property and for damages for withholding same. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Pueblo County, Hon. J. Arthur […]

Graham Hydraulic Power, Inc., a Colorado corporation, Plaintiff-Appellee, v. Stewart Stevenson Power, Inc., a Texas corporation, Defendant-Appellant. No. 89CA1363Colorado Court of Appeals. Decided August 9, 1990. Appeal from the District Court of Adams County Honorable Donald W. Marshall, Jr., Judge Page 836 Polodori, Gerome Jacobson, Dennis J. Jacobson for Plaintiff-Appellee. Lois T. Levinson, for Defendant-Appellant. […]

Jefferson Industrial Bank, President’s Oil Company, and Ronald F. Weiszmann, Plaintiffs-Appellants, v. First Golden Bancorporation, John A. Fortune, Francis X. Sweeney, Warren R. Henson, William F. Fortune, G. Scott Gagon and Frederick J. Pattridge, Defendants-Appellees. No. 87CA0366Colorado Court of Appeals. Decided September 15, 1988. Appeal from the District Court of Jefferson County Honorable Daniel J. […]

MDM GROUP ASSOCIATES, INC., Plaintiff-Appellee and Cross-Appellant, v. CX REINSURANCE COMPANY LTD., U.K. and Certain Underwriters at Lloyd’s, London, Defendants-Appellants and Cross-Appellees. No. 04CA2614.Colorado Court of Appeals. February 22, 2007. Certiorari Dismissed June 25, 2007. Appeal from the Routt County District Court, Michael A. O’Hara III, J. Page 883 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

(497 P.2d 691) Clarence R. English v. The People of the State of Colorado No. 24000Supreme Court of Colorado. Decided May 30, 1972. Defendant was convicted of second-degree murder and brought error. Affirmed 1. INSTRUCTIONS, CRIMINAL — First-Degree Murder — Evidence — Voluntary Manslaughter — Lack of Evidence — Refusal — Proper. In a first-degree […]

(542 P.2d 853) The Colorado National Bank of Denver, Co-Executor of the Estate of Henry P. Williams, Jr., and Kathryn E. Williams, Co-Executrix of the Estate of Henry P. Williams, Jr. v. The District Court of the Second Judicial District, City and County of Denver, State of Colorado, The Honorable Robert E. McLean, Judge, and […]

(358 P.2d 614) NESTOR CHACON, ET AL. v. GEORGE A. SCAVO, ET AL. No. 19,169.Supreme Court of Colorado. Decided December 30, 1960. Action to rescind contract for the purchase of real property. Judgment of dismissal. Affirmed. 1. CONTRACTS — Representation of Law — Effect. The general rule is that a representation of law is a […]

(285 P.2d 599) OCEAN ACCIDENT AND GUARANTEE CORPORATION, ET AL. v. OHIO FARMERS INDEMNITY COMPANY, ET AL. No. 17,525.Supreme Court of Colorado. Decided July 11, 1955. Proceedings for declaratory judgment to determine responsibility under automobile insurance policies. Judgment for plaintiff. Affirmed. Error to the District Court of the City and County of Denver, Hon. Robert […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of T.R.W. and T.L.W., Children, And Concerning C. W., Respondent-Appellee, and E.L.W., Respondent-Appellant. No. 86CA1761Colorado Court of Appeals. Decided February 25, 1988. Rehearing Denied March 24, 1988. Certiorari Denied August 29, 1988 (88SC180). Appeal from the Juvenile Court of the City and County of […]

248 P.2d 1074 PAGE ET AL. v. BLUNT ET AL. No. 16,724.Supreme Court of Colorado. Decided September 29, 1952. A suit involving the action of a city council in granting a license to sell intoxicating liquors. Judgment for defendants. Reversed. 1. INTOXICATING LIQUORS — Licenses — Certiorari. Under a pertinent statute, the inhabitants of a […]

(429 P.2d 293) Sam Isamu Fukaye, James Fukaye and Harry Fukaye v. Public Service Company of Colorado, a Colorado corporation. No. 21454.Supreme Court of Colorado. Decided June 26, 1967. Rehearing denied July 17, 1967. From judgment entered on verdict for compensation and damages in eminent domain proceedings, the plaintiffs in error brought error. Affirmed. Error […]

(382 P.2d 999) GERALDINE B. SWAFFORD, ET AL., v. WILLIAM R. BERRY, ET AL. No. 20,259.Supreme Court of Colorado. Decided June 24, 1963. Action by stockholders against promotors and directors of corporation on claim that in transferring property to corporation defendants violated fiduciary duties and perpetrated fraud upon corporation. Judgment for defendants. Affirmed. 1. CORPORATIONS […]

E. Jene Langseth, Plaintiff-Appellee, v. The County of Elbert, the employer; the Board of County Commissioners of Elbert County; and David Wright, individually; Bob Hall, individually; and Frank Starkey, individually, Defendants-Appellants. No. 95CA0295Colorado Court of Appeals. Decided March 7, 1996 Appeal from the District Court of Elbert County, Honorable Scott W. Lawrence, Judge, No. 92CV38. […]

The People of the State of Colorado, In the Interest of D.L.E., a Child, and Concerning: J.E. No. 80SA497Supreme Court of Colorado. Decided May 10, 1982. Rehearing denied June 1, 1982. Appeal from the District Court of Mesa County, Honorable Charles A. Buss, Judge. Gerald J. Ashby, City County Attorney, Bourtai Hargrove, Assistant City County […]

Cecelia Vallejo, Plaintiff-Appellee, v. Earnest Eldridge, Defendant-Appellant. No. 87CA0991Colorado Court of Appeals. Decided October 27, 1988. Appeal from the District Court of El Paso County Honorable John F. Gallagher, Judge Page 418 Melat Pressman, E. Steven Ezell, for Plaintiff-Appellee. Kane Donley, Jerry Alan Donley, for Defendant-Appellant. Division V. Opinion by JUDGE PLANK. [1] In this […]

A. Lonnie Badis and A. Lynne Badis, individuals, and J L Ventures, Inc., a Colorado corporation, Plaintiffs-Appellants, v. Larry Martinez, an individual, and Martinez Allman, a Colorado partnership, Defendants-Appellees. No. 90CA0287Colorado Court of Appeals. Decided May 9, 1991. Modified, and as Modified, Rehearing Denied July 18, 1991. Certiorari Granted November 12, 1991 (91SC489). Page 552 […]

Town of Alma, a Colorado corporation, James J. Shanks, Thomas J. Johnson, Todd McManum, Thomas S. Greising, Donald Davis, and James T. Roberts, Plaintiffs-Appellants and Cross-Appellees, v. Azco Construction, Inc., a Colorado corporation and Employers Mutual Casualty Company, an Iowa corporation, Defendants-Appellees and Cross-Appellants. Nos. 97CA1620, 97CA2019Colorado Court of Appeals. Division IV. February 18, 1999 […]

In re the Petition of G.D., Petitioner-Appellant, For the Adoption of D.L.H., Minor Child-Appellant, and Concerning E.L.H., Respondent-Appellee. No. 87CA1036Colorado Court of Appeals. Decided May 18, 1989. Appeal from the District Court of Adams County Honorable Richard M. Borchers, Judge. Page 91 Inman, Erickson Flynn, P.C., Richard P. Brentlinger, for Petitioner-Appellant. R. Antonio Lucero, for […]

Park Journee Estep, Petitioner, v. The People of the State of Colorado, Respondent. No. 86SC344Supreme Court of Colorado. Decided April 18, 1988. Certiorari to the Colorado Court of Appeals Page 1242 Lance M. Sears, Mary G. Allen, Tegtmeier Sears, P. C., for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard […]

Jill L. Levy-Wegrzyn, D.V.M., Plaintiff-Appellee, v. Cindy Ediger, D.V.M., individually, and d/b/a Kittredge Small Animal Hospital, Defendant-Appellant, and Kittredge Small Animal Hospital, P.C., a Colorado professional corporation, Intervenor-Appellant. No. 93CA0476Colorado Court of Appeals. Decided October 20, 1994. Petition for Rehearing DENIED December 22, 1994. Petition for Writ of Certiorari DENIED July 31, 1995. Appeal from […]

International Satellite Communications, Inc., d/b/a American Box Office, Inc., Plaintiff-Appellant, v. Kelly Services, Inc., and E. Jackson, Assignee, Defendants-Appellees. No. 85CA1720Colorado Court of Appeals. Decided December 24, 1987. Appeal from the District Court of the City and County of Denver Honorable Sandra I. Rothenberg, Judge Richard D. Gilson, for Plaintiff-Appellant. Breit, Best, Richman and Bosch, […]

(400 P.2d 928) ALEXANDER GRIFFIN v. PEOPLE OF THE STATE OF COLORADO. No. 20798.Supreme Court of Colorado. Decided April 12, 1965. Defendant was convicted of conspiracy to commit burglary, larceny and conspiracy to commit larceny, and brought error. Affirmed. 1. LARCENY — Ownership — Real Owner — Person in Possession — Time of Theft. It […]

The PEOPLE of the State of Colorado, Complainant, v. Arminta Sue SCHOEDEL, Respondent. No. 04PDJ113.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Colorado. August 4, 2005. Attorney Regulation. Upon conclusion of a sanctions hearing, the Presiding Disciplinary Judge disbarred Respondent Arminta Sue Schoedel (Attorney Registration No. 26248) from the practice of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Fred Diaz, Defendant-Appellant. No. 98CA1347Colorado Court of Appeals. Division V. May 13, 1999 Rehearing Denied June 14, 1999 Certiorari Denied October 4, 1999 Appeal from the District Court of Arapahoe County, Honorable James F. Macrum, Jr., Judge, No. 94CR1780. ORDER AFFIRMED Page 84 Ken Salazar, Attorney […]

(444 P.2d 404) Circle T Corporation and Robert E. Allen v. Genevieve N. Deerfield and Egbert T. Deerfield. No. 22739.Supreme Court of Colorado. Decided July 15, 1968. Rehearing denied September 9, 1968. Action to recover the sum paid as a purported broker’s commission. Judgment for plaintiffs. Affirmed. 1. BROKERS — Commission — Recovery — Conditions […]

(549 P.2d 427) The People of the State of Colorado v. George Philip Spann No. 75-091Colorado Court of Appeals. Decided November 28, 1975. Rehearing denied January 22, 1976. Certiorari granted May 3, 1976. Defendant pled guilty to charges of killing a calf and was subsequently sentenced to three to five years in the penitentiary. From […]

121 P.2d 885 MARQUART ET AL. v. CLARK. No. 14,797.Supreme Court of Colorado. Decided January 26, 1942. A suit on a promissory note. Judgment for plaintiff. Affirmed. 1. EVIDENCE — Written — Instruments. A written instrument offered in evidence is properly excluded where it pertains to a transaction wholly unrelated to that involved in the […]

Leila Jeanne Hill; Audrey Himmelmann; and Everitt W. Simpson, Jr., Petitioners, v. David J. Thomas, in his official capacity as District Attorney for the First Judicial District of the State of Colorado; City of Lakewood, Colorado; Ken Salazar, in his official capacity as Attorney General of the State of Colorado; and The State of Colorado, […]

In re the MARRIAGE OF Eric DUNKLE, Appellant, and Michelle H. Valentine, Appellee. No. 07CA0507.Colorado Court of Appeals. August 21, 2008. Appeal from the District Court, El Paso County, Jann DuBois, J. Page 463 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

(366 P.2d 860) JUAN A. TAFOYA, JR., v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,025.Supreme Court of Colorado. Decided December 11, 1961. Defendant was convicted of forgery and brings error. Affirmed. 1. CRIMINAL LAW — Forgery — Evidence — Sufficiency. Evidence on behalf of the people that check payable to defendant was a […]

(533 P.2d 1140) The People of the State of Colorado v. Donald Eugene Gallegos No. C-563Supreme Court of Colorado. Decided April 14, 1975 County court found defendant guilty of exceeding the speed limit. District court reversed the county court judgment and remanded the case to the county court for new trial. Supreme Court granted People’s […]

The People of State of Colorado, ex rel the Honorable John-David Sullivan, Chief Judge of the Eighth Judicial District, Plaintiff-Appellant, v. Michael Swihart, Defendant-Appellee. No. 95SA57Supreme Court of Colorado. June 12, 1995 Appeal from the District Court, Larimer County Honorable Clifton A. Flowers, Senior Judge RULING REVERSED AND CASE REMANDED WITH DIRECTIONS Stuart Van Meveren, […]

(547 P.2d 257) James P. Doyle and Florene A. Doyle v. Kurt O. Linn No. 75-131Colorado Court of Appeals. Decided December 18, 1975. Rehearing denied January 8, 1976. Having been sued in trespass by the United States Government and forced thereby to move their mountain cabin, plaintiffs sought to recover damages from the surveyor on […]

GE Life and Annuity Assurance Company, formerly The Life Insurance Company of Virginia, a Virginia corporation, Plaintiff and Counterclaim-Defendant-Appellee, v. Fort Collins Assemblage, Ltd., Defendant and Counterclaim-Plaintiff-Appellant. No. 01CA0081Colorado Court of Appeals. December 6, 2001 Certiorari Denied August 19, 2002 El Paso County District Court No. 00CV1160, Honorable Gil Martinez, Judge ORDER AND JUDGMENT REVERSED […]