Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellee, v. Samuel Charles Youngs, Defendant-Appellant. No. 81CA0084Colorado Court of Appeals. Decided February 17, 1983. Rehearing Denied March 17, 1983. Certiorari Granted June 27, 1983. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge. Page 144 J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy […]

63 P.2d 1246 BLACKMER v. BLACKMER. No. 14,063.Supreme Court of Colorado. Decided December 14, 1936. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Burke, sitting for Mr. Chief Justice Campbell. Mr. Justice Bouck not participating. Error to the District Court of the City and County of Denver, Hon. Charles C. […]

In the Matter of D.C. and D.C., Petitioners-Appellants, and J.C.L., Respondent-Appellee. No. 04CA0249.Colorado Court of Appeals. February 10, 2005. Rehearing Denied May 26, 2005. Appeal from the Larimer County, Cynthia Marie Hartman, Magistrate Judge. Page 1252 G. William Beardslee, Fort Collins, Colorado, for Petitioners-Appellants. Colorado Legal Services, Joan R. Woodbury, Fort Collins, Colorado, for Respondent-Appellee. […]

ROCKY MOUNTAIN ANIMAL DEFENSE, Plaintiff-Appellant and Cross-Appellee, v. COLORADO DIVISION OF WILDLIFE; Russell George, in his official capacity as Director of the Colorado Division of Wildlife; Colorado Department of Natural Resources; Greg Walcher, acting in his official capacity as Executive Director of Colorado Department of Natural Resources; Colorado Wildlife Commission; Bernard L. Black, Jr., Mark […]

Karen Wieprzkowski, Plaintiff-Appellant, v. State Farm Mutual Auto Insurance Company, Defendant-Appellee. No. 98CA0144.Colorado Court of Appeals. March 18, 1999. Appeal from the District Court of Arapahoe County, Honorable Deanna E. Hickman, Judge, No. 97CV2334. JUDGMENT AFFIRMED. Breit, Bosch, Levin Coppola, P.C., Edward W. Holub, Denver, Colorado, for Plaintiff-Appellant. Patterson Nuss, P.C., Franklin D. Patterson, Paige […]

(347 P.2d 960) EPHRAIM FREIGHTWAYS, INC. v. PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO, ET AL. No. 18,784.Supreme Court of Colorado. Decided December 21, 1959. Proceeding to review decision of Public Utilities Commission denying application for certificate of public convenience and necessity. Judgment for defendants. Reversed and Remanded With Directions 1. CARRIERS — Application […]

Stanley Kessman, Plaintiff-Appellant, v. The City and County of Denver, a Colorado municipal corporation, and John Simonet, Manager of Safety and Excise, and Ex-Officio Sheriff of the City and County of Denver, and several John Does, duly authorized Deputy Sheriffs of the City and County of Denver, whose true names are to the Plaintiff unknown, […]

(517 P.2d 458) Ronald G. Fischer v. Raymond Moore No. C-329Supreme Court of Colorado. Decided December 24, 1973. Rehearing denied January 21, 1974. Action to recover damages for personal injuries suffered as a result of a rear-end automobile collision. Trial court entered judgment for plaintiff. The Court of Appeals, 31 Colo. App. 425, 505 P.2d […]

40 P.2d 622 SUPPERSTEIN v. WOODS. No. 12,887.Supreme Court of Colorado. Decided December 18, 1933. On rehearing original opinion adhered to en banc December 31, 1934. Action for damages for alienation of affections. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Argument. Argument of plaintiff in error directed to a cause of action upon […]

Donald Herbert Kelln, Paul Edward Wright, and Wilbur Wesley Mitchell, Jr., Plaintiffs-Appellants, v. The Colorado Department of Revenue, Motor Vehicle Division, Defendant-Appellee. No. 85CA0071 No. 85CA0072 No. 85CA0241Colorado Court of Appeals. Decided January 2, 1986. Rehearing Denied January 30, 1986. Certiorari Denied May 19, 1986 (86SC76). Appeal from the District Court of Jefferson County Honorable […]

The People of the State of Colorado, Plaintiff-Appellee, v. Raymond Anthony Derrera, Defendant-Appellant. No. 82SA244Supreme Court of Colorado. Decided July 18, 1983. Rehearing Denied August 29, 1983. Page 1364 Appeal from the District Court of Jefferson County, Honorable Anthony F. Vollack, Judge. Page 1365 L. Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, […]

(418 P.2d 50) The Penn Mutual Life Insurance Company v. Lois P. Gibson. No. 21525.Supreme Court of Colorado. Decided September 12, 1966. Rehearing denied October 3, 1966. Action by widow as beneficiary of life insurance policy to recover stated sum under double indemnity clause. From an adverse judgment the insurer brings error. Affirmed. 1. INSURANCE […]

(564 P.2d 132) Intermountain Jewish News, Inc., a Colorado corporation v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), and Joel P. Goldberger, Claimant No. 76-766Colorado Court of Appeals. Decided April 28, 1977. Employer sought review of full award of unemployment compensation benefits to terminated advertising salesman. Order Affirmed 1. […]

Richard Martin Longbottom, Plaintiff-Appellant, v. State Board of Community Colleges and Occupational Education; Trinidad State Junior College; Frank Fry; William Stanley, in his capacity as Dean of Vocational Education at Trinidad State Junior College; and Thomas Sullivan, in his capacity as President of Trinidad State Junior College, Defendants-Appellees. No. 92CA0410Colorado Court of Appeals. Decided May […]

26 P.2d 245 WYMAN v. McCARTHY. No. 12,893.Supreme Court of Colorado. Decided October 9, 1933. Action in replevin. Judgment for plaintiff. Affirmed. 1. PLEADING — Affirmative Defense — New Matter. Affirmative matter requiring a special plea must be in avoidance; it is consistent with the plaintiff’s cause of action, but operates to defeat it. If […]

(365 P.2d 698) JAMES ANTHONY BURNS, ETC. v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,776.Supreme Court of Colorado. Decided October 23, 1961. Defendant was convicted of receiving stolen goods and sentenced as an habitual criminal. Affirmed. 1. CRIMINAL LAW — Accomplice — Burglary — Receiving Stolen Goods — Testimony — Admissibility. Where a […]

(511 P.2d 923) Dennis P. Sherrerd v. Earl H. Johnson, as Executive director of the Department of Regulatory Agencies, Theodore M. Riley, E. Ames Bada, John A. Ordahl, James A. Hopkins, and Harold J. Kendrick, individually and as members of the Colorado State Board of Optometric Examiners, and The Colorado State Board of Optometric Examiners […]

(494 P.2d 596) Joseph Bernard Mora v. The District Court in and for the First Judicial District in and for the County of Jefferson, State of Colorado, and the Honorable Daniel Shannon, one of the Judges thereof No. 25435Supreme Court of Colorado. Decided March 6, 1972. Original proceeding involving petitioner who filed writ of habeas […]

The People of the State of Colorado, Plaintiff-Appellee, v. Douglas Tyler Woods, a/k/a Douglas Theodore Waldman, Defendant-Appellant. No. 95CA1011Colorado Court of Appeals. November 7, 1996 Petition for Rehearing DENIED December 19, 1996 Appeal from the District Court of Boulder County, Honorable Murray Richtel, Judge, No. 94CR607. JUDGMENT AFFIRMED. Page 531 Gale A. Norton, Attorney General, […]

(442 P.2d 397) Jose Abram Aragon v. The People of the State of Colorado. No. 22341.Supreme Court of Colorado. Decided June 17, 1968. Defendant was convicted of burglary and brought error. Reversed. 1. CRIMINAL PROCEDURE — Arrest Without Warrant — Procedure to be Followed — Rules. Under Colo. R. Crim. P. 5(a)(2), when any person […]

The People of the State of Colorado, Plaintiff-Appellee, v. David R. Quintana, Defendant-Appellant. No. 84SA180Supreme Court of Colorado. Decided October 15, 1985. Rehearing Denied November 4, 1985. Appeal from District Court, City and County of Denver Honorable Leonard Plank, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

102 P.2d 731 C. A. JACKSON, INC. ET AL. v. WILHELM. No. 14,628.Supreme Court of Colorado. Decided April 15, 1940. Rehearing denied May 20, 1940. Action for damages resulting from an automobile collision. Judgment for plaintiff. Affirmed in Part. Reversed in Part. 1. AUTOMOBILES — Road Conditions — Negligence. Where a highway is coated with […]

(554 P.2d 1109) Buena Vista Bank and Trust Company v. Percy Lee No. C-771Supreme Court of Colorado. Decided September 27, 1976. Quiet title action. The trial court held that bank had title to subject property. The Court of Appeals, 36 Colo. App. 183, 539 P.2d 1331, reversed holding that respondent held title and certiorari was […]

(402 P.2d 65) DONALD ELLIOTT v. THE DISTRICT COURT IN AND FOR THE CITY AND COUNTY OF DENVER, HONORABLE JAMES C. FLANIGAN, JUDGE. No. 21680.Supreme Court of Colorado. Decided May 17, 1965. Original proceeding by petitioner seeking both a writ of prohibition and writ of mandamus. Show cause orders issued to district court. Rule Made […]

PAGOSA AREA WATER AND SANITATION DISTRICT and San Juan Water Conservancy District, Applicants-Appellees v. TROUT UNLIMITED, Opposer-Appellant and Bruce Whitehead, Division Engineer, Water Division 7, Appellee Pursuant to C.A.R. 1(e). No. 06SA338.Supreme Court of Colorado. October 22, 2007. As Modified November 13, 2007. Appeal from the District Court, Water Division 7, Gregory G. Lyman, J. […]

Peter C. Schaefer, III, Plaintiff-Appellant, v. Horton-Cavey, a partnership; Stephen K. Small, individually and as a general partner in Horton-Cavey, a partnership; Terryl K. Jensen, individually and as a general partner in Horton-Cavey, a partnership; Ralph D. Kaufman, individually and as a general partner in Horton-Cavey, a partnership; Horton Cavey Realty Company; Horton Cavey Securities […]

Lief ADAMS; Lewis Caricato; Bette Caricato; Lloyd Herren; Elizabeth McGill; James McGill; Suzanne Strickland; Gayeski Capital Equities, LLC, a Colorado limited liability company; Milton W. Fonay Trust; SabaColo, LLC; and Brighton Farms, LLP, a Colorado general partnership, Plaintiffs-Appellants, v. LAND SERVICES, INC., a Colorado corporation; Douglas A. Barnes, individually; and Barnes Family Foundation, Defendants-Appellees. No. […]

Montezuma Well Service, Inc. and Colorado Compensation Insurance Authority, Petitioners and Cross-Appellee, v. The Industrial Claim Appeals Office of the State of Colorado, Billy J. Lackey, and Subsequent Injury Fund, Respondents and Cross Appellants. No. 95CA0793Colorado Court of Appeals. Decided May 2, 1996 Petitions for Rehearing DENIED June 20, 1996 Petition for Writ of Certiorari […]

(484 P.2d 788) George M. Moya v. The People of the State of Colorado. No. 23909.Supreme Court of Colorado. Decided May 10, 1971. Defendant was convicted of second-degree murder and brought error. Affirmed. 1. HOMICIDE — Second Degree — Instruction — Malice — Inferred — Use — Deadly Weapon — Jury — Determination — Proper. […]

J.E. DeVilbiss, Plaintiff-Appellant, v. The Zoning Board of Adjustment of Garfield County, Colorado; Peter M. Cabrinha, Mary F. Odell, John W. Tripp, Marvin H. Wambolt, and Allan Bowles, all in their capacity as the individual members of The Zoning Board of Adjustment of Garfield County, Colorado; The Board of County Commissioners of Garfield County, Colorado; […]

Jose Salcedo, Petitioner, v. The People of the State of Colorado, Respondent. No. 98SC500.Supreme Court of Colorado. May 1, 2000. Certiorari to the Colorado Court of Appeals EN BANC JUDGMENT REVERSED AND CASE REMANDED Page 834 David Kaplan, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, Colorado, Attorneys for […]

Triad Painting Company and State Compensation Insurance Authority, Petitioners, v. Roger L. Blair and The Industrial Claim Appeals Office, Respondents. No. 90SC383Supreme Court of Colorado. Decided June 10, 1991. Certiorari to the Colorado Court of Appeals. Page 639 Paul Tochtrop, for Petitioners. Ozer, Trueax Kullman, P.C., Ronald M. Coffee, for Respondent Roger L. Blair. Gale […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Cesar I. PASILLAS-SANCHEZ, Defendant-Appellant. No. 05CA2625.Colorado Court of Appeals. March 19, 2009. Certiorari Denied August 31, 2009. Appeal from the District Court, Jefferson County, Leland P. Anderson, J. Page 521 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Aymen A. ABDU, Defendant-Appellant. No. 05CA1083.Colorado Court of Appeals. May 14, 2009. Appeal from the District Court, Arapahoe County, Nancy A. Hopf, J. Page 1266 John W. Suthers, Attorney General, Jennifer A. Berman, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Robert T. Fishman, Denver, Colorado, for […]

Jack J. Grynberg, individually and as general partner for the Greater Green River Basin Drilling Program: 72-73 Plaintiff-Appellee and Cross Appellant, v. Rocky Mountain Natural Gas, a division of KN Energy, Inc., and KN Energy, Inc., Defendants-Appellants and Cross-Appellees. No. 89CA1103Colorado Court of Appeals. Decided January 31, 1991. Rehearing Denied March 14, 1991. Appeal from […]

(584 P.2d 1215) Gale Eugene Ray and James P. Thompson, Clerk and Recorder of Larimer County v. David Jerome Mickelson No. 28374Supreme Court of Colorado. Decided October 4, 1978. Action by plaintiff, unsuccessful primary candidate for office of sheriff of Larimer County, alleging that defendant, the successful candidate, had not been a registered democrat for […]

(335 P.2d 537) STATE CIVIL SERVICE COMMISSION, ET AL. v. NORTON C. CONKLIN. No. 18,146.Supreme Court of Colorado. Decided February 16, 1959. Proceedings to review decision of the State Civil Service Commission, and from a judgment vacating an order of removal the Commission brings error. Affirmed. 1. CIVIL SERVICE — Charges — Hearing — Findings. […]

Leonard Baldauf, Plaintiff-Appellant, v. David Roberts, Gary Neet, Whitman West, Richard Martinez, and Nard Claar, Defendants-Appellees. No. 00CA1719Colorado Court of Appeals. July 19, 2001 Certiorari Denied January 14, 2002 Fremont County District Court No. 00CV97, Honorable John E. Anderson, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 484 Leonard Baldauf, Pro Se Ken Salazar, […]

176 P.2d 904 NEWTON OIL COMPANY v. BOCKHOLD ET AL. No. 15,540.Supreme Court of Colorado. Decided December 4, 1946. Rehearing denied January 13, 1947. An action for cancellation of an agreement concerning oil lands. Judgment of dismissal of plaintiff’s complaint, and in favor of plaintiff and third party defendant on defendant’s counterclaim. Affirmed in Part. […]

(262 P.2d 927) GOLD URANIUM MINING COMPANY v. CHAIN O’MINES OPERATORS, INC. No. 16,973.Supreme Court of Colorado. Decided November 2, 1953. An action to recover moneys allegedly due under the terms of certain agreements. Judgment of dismissal. Reversed. 1. PLEADING — Rules — Procedure. Under the Colorado approved, simplified methods of pleading, where a cause […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ralph R. NUNN, Defendant-Appellant. No. 03CA0939.Colorado Court of Appeals. April 6, 2006. Rehearing Denied May 25, 2006.[*] Certiorari Denied November 27, 2006.[**] [*] Furman, J., would GRANT. [**] Justice EID does not participate. Appeal from the District Court, City and County of Denver, R. Michael Mullins, […]

(518 P.2d 824) The People of the State of Colorado v. Henry E. Schlepp No. 25650Supreme Court of Colorado. Decided January 21, 1974. Defendant was convicted of feloniously dispensing dangerous drugs and appealed. Affirmed 1. CRIMINAL LAW — Sufficiency of Evidence — Supreme Court — View — Favorable to Prosecution — Substantial — Verdict. To […]

B. A. Wyatt, James H. Phillips, William M. Crites, Alice McIntyre, Tom McIntyre, and Lance Clem v. The Board of Adjustment-Zoning of the City and County of Denver consisting of Ernest Capillupo, Lawrence M. Henry, Denise Pacheco, Gunnar Mykland and Thomas Bean; and Anthony Jansen, Zoning Administrator of the City and County of Denver and […]

PAINT CONNECTION PLUS and Twin City Fire Insurance Company, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Donald Sinkey, Respondents. No. 09CA0598.Colorado Court of Appeals. January 7, 2010. Page 430 Hall Evans, L.L.C., Megan E. Coulter, Douglas J. Kotarek, Denver, Colorado, for Petitioners. No Appearance for Respondent Industrial Claim Appeals Office. […]

(591 P.2d 1038) The People of the State of Colorado v. Bruce Ferrell, Jr. No. C-1583Supreme Court of Colorado. Decided March 19, 1979. Defendant was convicted in the county court of obtaining goods of value by deception in violation of the statute. The district court reversed the conviction and the People appealed. Certiorari was granted […]

(332 P.2d 205) JAMES ALBERT GONZALES v. HONORABLE NEIL P. HORAN, JUDGE, ETC. No. 18,846.Supreme Court of Colorado. Decided November 24, 1958. Original proceeding in nature of prohibition to restrain trial court from proceeding in criminal case. Rule to show cause issued. Rule Discharged. 1. COURTS — Jurisdiction — Conflict. The rule which preserves the […]

86 P.2d 232 EHLER v. COUNTER LUMBER COMPANY. No. 14,480.Supreme Court of Colorado. Decided December 19, 1938. Suit on promissory note. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Fact Findings. Where the evidence in a case is conflicting, it is for the trial court as the fact-finding body to […]

(566 P.2d 1078) Cabs, Inc., a/k/a Dollar Cab Co., d/b/a Zone Cab Company v. Delivery Drivers, Warehousemen and Helpers Local Union No. 435 No. 76-730Colorado Court of Appeals. Decided April 21, 1977. Rehearing denied May 5, 1977. In action relative to collective bargaining agreement between union and taxicab company, union appealed judgment ordering it to […]

(236 P.2d 113) LOMBARDI v. THE PEOPLE. No. 16,620.Supreme Court of Colorado. Decided September 24, 1951. Plaintiff in error was convicted of the crime of burglary with force. Reversed. 1. CRIMINAL LAW — Evidence. In a criminal prosecution for burglary, “Evidence, that soon after a store was broken into and robbed, defendants were found in […]

(574 P.2d 866) The People of the State of Colorado v. Joseph Edwin Hinchman No. 76-697Colorado Court of Appeals. Decided August 25, 1977. Rehearing denied October 13, 1977. Certiorari granted February 6, 1978. From conviction on charges of first degree arson and conspiracy to commit arson, defendant appealed. Affirmed 1. CRIMINAL LAW — Search and […]

(476 P.2d 280) John L. LeCoq, a minor, by and through his father and next friend, John R. LeCoq, and John R. LeCoq, individually v. Eric Klemme No. 70-337 (Supreme Court No. 23286)Colorado Court of Appeals. Decided October 27, 1970. Action for personal injury allegedly caused either by negligence or by intentional wrongdoing of defendant, […]

Northern Colorado Consortium, Inc., Plaintiff-Appellant, v. Office of Rural Job Training, Department of Labor, and Richard D. Lamm, Governor, Defendants-Appellants. No. 85CA1061Colorado Court of Appeals. Decided October 9, 1986. Appeal from the District Court of the City and County of Denver Honorable Raymond Dean Jones, Judge Page 745 Jake R. Valdez, Mark T. Angelos, for […]

(420 P.2d 247) Leo P. Doyle and Agnes M. Doyle v. Howard S. McBee, Virginia L. McBee, LeRoy S. Larson, Viola L. Larson and South Arapahoe Sanitation District, a Colorado corporation. No. 21175Supreme Court of Colorado. Decided November 21, 1966. Action by purchasers for rescission or damages pertaining to contract for the purchase of certain […]

Yacht Club II Homeowners Association, Inc., Plaintiff-Appellant, v. A.C. Excavating; Brady Son Bonded Roof Co.; Dirt-N-All Excavating; NDF Company; Formex Concrete Forming, Inc.; Frank’s Finish Grading, Inc.; Hesterly Holland Construction, LLC; K.J. Woodworks, Ltd.; Rocky Mountain Flatwork, Inc.; Stevens Excavating, Inc.; Watren Concrete Forming, Inc.; and Yeager Concrete Corporation, Defendants-Appellees. No. 02CA0645Colorado Court of Appeals. […]

14 P.2d 1079 PLATTE VALLEY DITCH AND RESERVOIR COMPANY v. H. C. LALLIER CONSTRUCTION AND ENGINEERING COMPANY. No. 12,609.Supreme Court of Colorado. Decided September 19, 1932. Rehearing denied October 10, 1932. Action on money demand for the construction of a diversion dam. Judgment for plaintiff. Reversed. 1. CONTRACTS — Construction. Contract for the construction of […]

203 P.2d 730 LIPSET v. DAVIS ET AL, AS MEMBERS OF THE COLORADO STATE BOARD OF MEDICAL EXAMINERS. No. 16,077.Supreme Court of Colorado. Decided February 14, 1949. Rehearing denied March 7, 1949. An action by a physician to require the State Board of Medical Examiners to show why his name is not carried on the […]

89 P.2d 534 BEERY v. THE PEOPLE. No. 14,496.Supreme Court of Colorado. Decided February 6, 1939. Rehearing denied April 17, 1939. Plaintiff in error was convicted of grand larceny. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Evidence — Appeal and Error. Although the evidence for the people in a criminal case is wholly […]

George R. Gaubatz, Plaintiff-Appellee, v. Marquette Minerals, Inc., a Colorado corporation, Defendant-Appellant. No. 83CA0900Colorado Court of Appeals. Decided August 16, 1984. Appeal from the District Court of Jefferson County Honorable Michael Charles Villano, Judge Page 1129 Louis A. Weltzer for Plaintiff-Appellee. Lohf Barnhill, P.C., Stephen E. Kapnik for Defendant-Appellant. Division II. Opinion by JUDGE BERMAN. […]

In Re the Marriage of: Meredith Lee Steele, Appellant, and Charles Elmer Steele, Appellee. No. 84CA0752Colorado Court of Appeals. Decided October 3, 1985. Rehearing Denied November 21, 1985. Certiorari Denied February 24, 1986 (85SC494). Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge Bonham Peake, Kathy P. Bonham, for Appellant. No […]

Truck Insurance Exchange, Plaintiff-Appellant, v. Eagle River Water and Sanitation District, Defendant-Appellee. No. 99CA2428Colorado Court of Appeals. December 21, 2000 Appeal from the District Court of Eagle County, Honorable David R. Lass, Judge, No. 98CV312. JUDGMENT AFFIRMED The Law Offices of Samuel G. Livingston, LLC, Samuel G. Livingston, Golden, Colorado, for Plaintiff-Appellant Halaby Cross Schluter, […]

In re the Marriage of Mary Q. Griffin, Appellee, and Clarence A. Griffin, Appellant. No. 81CA1302Colorado Court of Appeals. Decided November 4, 1982. Rehearing denied January 13, 1983. Certiorari Granted June 13, 1983. Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Page 1106 Roper, Lief and Mains, Charles G. Lief, for […]

8 P.2d 767 DENVER INDUSTRIAL CORPORATION v. KESSELRING ET AL. No. 12,413.Supreme Court of Colorado. Decided February 23, 1932. Action on cognovit note. Judgment for defendants. Affirmed. 1. CONTRACTS — Consideration. A promise for a promise is a valid consideration. 2. JUDGMENT — Cognovit Note — Vacation. If an affidavit in support of a motion […]

Human Resource Company and Liberty Mutual Insurance Company, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Timothy Baca, Respondents. No. 98CA2435Colorado Court of Appeals. Division III. August 5, 1999 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. 4-265-034. Law Offices of Jonathan […]

Gary O. Drews, Plaintiff-Appellant, v. Denver Recycling Company, d/b/a Associated By-Products, Inc., a Colorado corporation, Defendant-Appellee. No. 84CA0584Colorado Court of Appeals. Decided September 18, 1986. Certiorari Denied January 20, 1987 (86SC377). Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 1122 Robert W. Johnson, John D. […]

National Real Estate Investment, LLC, Plaintiff-Appellant and Cross-Appellee, v. WYSE Financial Services, Inc.; Irvin Borenstein, individually; and RealAmerica Ventures, LLC, Defendants-Appellees and Cross-Appellants, and Marilyn G. Green, Public Trustee, Douglas County, Defendant. No. 01CA0799.Colorado Court of Appeals. Division III. April 11, 2002. Certiorari Granted April 14, 2003. Douglas County District Court No. 00CV404; Honorable Paul […]

In re the Marriage of Jean Montgomery Westlake, Appellant, and Alfred Smith Westlake, Appellee. No. 83CA0117Colorado Court of Appeals. Decided December 15, 1983. Appeal from the District Court of Boulder County Honorable Michael R. Enwall, Judge Johnson, Doty, Johnson Bierbaum, Stanley F. Johnson, Bruce R. Johnson, for appellant. Miller, Gray and Hale, P.C., William R. […]

(565 P.2d 921) The People of the State of Colorado v. Joseph Anthony Atencio No. 27071Supreme Court of Colorado. Decided May 16, 1977. Rehearing denied July 11, 1977. Defendant was convicted of possession of a narcotic drug and conspiracy to sell and appealed. Affirmed 1. CRIMINAL EVIDENCE — Chain of Custody — Confusion — Accounted […]

(431 P.2d 1014) The People of the State of Colorado v. Larry Eugene Heckard. No. 23025Supreme Court of Colorado. Decided October 2, 1967. Defendant was charged with violating statute pertaining to drag racing of automobiles. District court upheld dismissal of complaint on motion asserting that statute was too vague, uncertain and indefinite to be enforced. […]

AMEDEUS CORPORATION, a Colorado corporation, Plaintiff-Appellant, v. Chuck McALLISTER, a/k/a Charles McAllister, Defendant-Appellee. No. 07CA2476.Colorado Court of Appeals. February 19, 2009. Certiorari Denied June 22, 2009. Appeal from the District Court, El Paso County, Gregory R. Werner, J. Page 108 Helmer McElyea, LLC, David A. Helmer, Natalie J. French, Frisco, Colorado, for Plaintiff-Appellant. Mulliken Weiner […]

141 P.2d 1017 COFFMAN v. HOWELL ET AL. No. 15,104.Supreme Court of Colorado. Decided September 20, 1943. A proceeding involving the right of an adopted child to inherit from a foster brother. The judgment was adverse to the child. Affirmed. 1. APPEAL AND ERROR — Statutes — Construction. The changing of a judicial construction of […]

GREEN TREE SERVICING, LLC, f/k/a Conseco Finance Servicing Corp., Plaintiff-Appellant, v. U.S. BANK NATIONAL ASSOCIATION, N.D. and United Investors Corporation, Defendants-Appellees. No. 06CA0881.Colorado Court of Appeals. July 26, 2007. Appeal from the District Court, City and County of Denver, Joseph E. Meyer, III, J. Page 1015 Hopp Shore, LLC, Larry G. Johnson, Englewood, Colorado, for […]

Amax, Inc., a New York corporation, Climax Molybdenum Company, A Delaware corporation, Petitioner-Appellant and Cross-Appellee, v. Grand County Board of Equalization, Nancy Anders, as Grand County Assessor, Respondent-Appellee, Mary Huddleston, as State Property Tax Administrator, Respondent-Appellee and Cross Appellant. No. 93CA0244Colorado Court of Appeals. Decided September 8, 1994. Opinion Modified, and as Modified, Petitions for […]

(283 P.2d 182) DUKE W. DUNBAR, ATTORNEY GENERAL, ETC. v. COUNTY COURT, CLEAR CREEK COUNTY, ET AL. No. 17,651.Supreme Court of Colorado. Decided May 2, 1955. Rule to show cause to the County Court of Clear Creek County, in an original proceeding. Rule Discharged. 1. PRACTICE AND PROCEDURE — Record — Findings of Fact. Rule […]

114 P.2d 562 AETNA LIFE INSURANCE COMPANY v. MASON. No. 14,668.Supreme Court of Colorado. Decided June 2, 1941. Rehearing denied June 23, 1941. Suit on a life insurance policy. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Jury Questions. The appellate court will not invade the province of the jury as a fact-finding body. […]

(270 P.2d 1053) DENVER CHICAGO TRUCKING COMPANY v. FAMULARO ET AL. No. 17,188.Supreme Court of Colorado. Decided June 1, 1954. An action by carrier to recover freight charges on merchandise carried for defendants. Judgment for defendants on their counterclaim for damage to their merchandise in transit. PER CURIAM. Judgment affirmed en banc without written opinion. […]

(339 P.2d 992) MORRIS F. COX v. AUBREY LEE RYE, JR. No. 18,266.Supreme Court of Colorado. Decided May 25, 1959. Rehearing denied June 15, 1959. Action for damages by guest resulting from automobile accident. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Guest — Companion Case. The facts being identical and involving the same accident as […]

(277 P.2d 223) HOOD v. THE PEOPLE. No. 17,470.Supreme Court of Colorado. Decided November 29, 1954. Rehearing denied December 20, 1954. Plaintiff in error was found guilty of taking indecent liberties with the person of a female child. Affirmed. 1. TRIAL — Witnesses. The competency of a witness in any case turns upon the facts […]

(299 P.2d 120) ESTELLE K. BYRNE v. CHARLES J. ESSIG. No. 17,855.Supreme Court of Colorado. Decided July 16, 1956. Action for damages for personal injuries resulting from fall on icy sidewalk. Judgment for defendant. Affirmed. Error to the District Court of the City and County of Denver, Hon. Edward C. Day, Judge. Mr. JOHN J. […]

Gary N. Teneyck, Plaintiff-Appellant, v. Roller Hockey Colorado, Ltd. and Roller Hockey of Colorado GP, Inc., Defendants-Appellees. No. 99CA1215Colorado Court of Appeals. August 3, 2000 Page 708 Appeal from the District Court of the City and County of Denver, Honorable John J. Althoff, Judge, No. 98CV6423. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Purvis, Gray […]

The People of the State of Colorado, Complainant, v. Stephen Anthony Hodge, Attorney-Respondent. No. 87SA58Supreme Court of Colorado. Decided February 8, 1988. Original Proceeding in Discipline George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Stephen Anthony Hodge, Pro se. EN BANC CHIEF JUSTICE QUINN delivered the Opinion of the Court. [1] In this grievance proceeding […]

(352 P.2d 302) FRANK LANDAUER, ET AL. v. MILLARD HUEY, ET AL. MILLARD HUEY, ET AL. v. FRANK LANDAUER, ET AL. No. 18,641 — 18,702.Supreme Court of Colorado. Decided May 16, 1960. Action for damages and other relief involving alleged default in oil well drilling contract. Judgment for plaintiffs. Affirmed. 1. TRIAL — Evidence — […]

(558 P.2d 576) Robert L. Thrap v. The People of the State of Colorado and the City of Thornton No. C-876Supreme Court of Colorado. Decided January 10, 1977. Rehearing denied January 31, 1977. Defendant was convicted of contempt of the Thornton Municipal Court. After a trial de novo in the Adams County Court, he was […]

The People of the State of Colorado, In the Interest of: R.B.S., child, Upon the Petition of: The Washington County Department of Social Services, Petitioner-Appellee, and concerning: D.L.S.S., Respondent-Appellant. No. 85CA0208Colorado Court of Appeals. Decided January 16, 1986. Rehearing Denied March 13, 1986. Appeal from the District Court of Washington County Honorable Peter Alpert, Judge […]

Ralph D. Horton, Petitioner-Appellee v. John Suthers, Executive Director of the Colorado Department of Corrections, Respondent-Appellant. No. 00SA58.Supreme Court of Colorado. January 22, 2002. March 4, 2002. Opinion Modified, and as modified, Petitions for Rehearing DENIED. Appeal from the District Court, Crowley County, Case No. 99CV131, Honorable M. Jon Kolomitz, Judge. JUDGMENT AFFIRMED EN BANC […]

The People of the State of Colorado, Plaintiff-Appellee, v. Linda Sue Esch, Defendant-Appellant. No. 86CA1686Colorado Court of Appeals. Decided August 3, 1989. Rehearing Denied August 31, 1989. Certiorari Denied January 29, 1990 (89SC535). Page 463 Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief […]

11 P.2d 213 DURAS v. INDUSTRIAL COMMISSION ET AL. No. 13,013.Supreme Court of Colorado. Decided April 25, 1932. Proceeding under the Workmen’s Compensation Act. Judgment against claimant. Reversed. 1. WORKMEN’S COMPENSATION — Commission Findings. It is the duty of the commission to make sufficiently detailed findings of fact so that the courts can determine whether […]

111 P.2d 236 TOWNSEND v. THE PEOPLE. No. 14,747.Supreme Court of Colorado. Decided February 24, 1941. Rehearing denied March 17, 1941. Plaintiff in error was convicted of murder in the first degree and sentenced to death. Reversed. 1. CRIMINAL LAW — Statutes — Murder — Torture. The purpose of the statute making a homicide perpetrated […]

(324 P.2d 790) HOSEA RILEY, ET AL. v. CITY AND COUNTY OF DENVER, ET AL. No. 18,625.Supreme Court of Colorado. Decided April 25, 1958. Original Proceeding in the nature of mandamus seeking release of person confined in county jail for violation of city ordinances. Complaint Dismissed. 1. MANDAMUS — Complaint — Nature of Relief Sought […]

141 P.2d 899 IN RE INTERROGATORIES OF THE GOVERNOR. No. 15,415.Supreme Court of Colorado. Reply filed September 27, 1943. In re interrogatories of the Governor concerning the constitutionality of the legislative act, “To provide for a veterans service officer,” and the validity of certain rules of the Civil Service Commission. The court declined to take […]

(561 P.2d 342) M. R. Mansfield Realty, Inc., a Colorado corporation v. William S. Sunshine and Blanche Z. Sunshine No. 75-445Colorado Court of Appeals. Decided November 4, 1976. Rehearing denied December 23, 1976. Certiorari granted March 14, 1977. In action for broker’s commission relative to the leasing of certain land, judgment was entered for landowners, […]

Bruce W. Merrell, Plaintiff-Appellant, v. Republic Western Insurance Company, Defendant-Appellee. No. 96CA0282Colorado Court of Appeals. January 3, 1997 Appeal from the District Court of Mesa County, Honorable Charles A. Buss, Judge, No. 95CV163. JUDGMENT AFFIRMED. Elder Phillips, P.C., Keith Boughton, Grand Junction, Colorado, for Plaintiff-Appellant. Anstine, Hill, Richards Simpson, Ronald C. Hill, Denver, Colorado, for […]