Category: Colorado Court Opinions

(293 P.2d 297) DUDLEY F. TAYLOR v. EDNA E. PETERSON, ET AL. No. 17,713.Supreme Court of Colorado. Decided February 6, 1956. Rehearing denied February 27, 1956. Action to quiet title to real property. Judgment for plaintiff. Affirmed. 1. REFORMATION OF INSTRUMENTS — Deed — Parties. Where neither the defendant no his grantor were parties to […]

36 P.2d 454 COLORADO NATIONAL COMPANY v. COLORADO NATIONAL BANK OF DENVER. No. 13,089.Supreme Court of Colorado. Decided September 24, 1934. Suit for injunction to prevent use of a company name. Judgment for plaintiff. Affirmed. 1. TRADE NAMES — Pleading — Injunction. In a suit by a banking corporation to enjoin the use of a […]

(344 P.2d 1073) STATE OF COLORADO v. EMMA JANE ROGERS, ET AL. No. 18,176.Supreme Court of Colorado. Decided September 8, 1959. Rehearing denied November 2, 1959. Proceedings for determination of interests in residue of testamentary trust estate after failure of contingent remainders. From the judgment entered the State of Colorado brings error. Reversed and Remanded […]

Cheryl A. KENDRICK, Petitioner v. Holly L. PIPPIN, Respondent. No. 09SC781.Supreme Court of Colorado. May 9, 2011. Appeal from the District Court, Larimer County, Stephen J. Page 1053 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1054 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

33 P.2d 1115 DAFFERNER v. AUTOMOBILE INSURANCE COMPANY OF HARTFORD. No. 13,261.Supreme Court of Colorado. Decided May 7, 1934. Rehearing denied June 18, 1934. Judgment affirmed in department without written opinion, Mr. Justice Butler, sitting for Mr. Chief Justice Adams, Mr. Justice Burke and Mr. Justice Holland participating. Error to the District Court of the […]

In the Matter of the Application for Water Rights of Doris L. Gibbs, in the Uncompahgre River, Ouray County, Colorado Doris L. Gibbs, Applicant-Appellee, and Keith Kepler, Division Engineer, Water Division No. 4, Appellee, v. Wolf Land Company, Protestor-Appellant. No. 92SA373Supreme Court of Colorado. Decided July 6, 1993. Appeal from the District Court, Water Division […]

Josephine Dickey and Helen Wirth, Trustees for the African Methodist Episcopal Church in Grand Junction, Colorado, Plaintiffs-Appellees, v. J.D. Snodgrass, Laird T. Milburn, William D. Prakken, Paul Brown, d/b/a Far West Investors; E.B. Childress and Mathew A. Watley, individually and in their capacities as Trustees of the African Methodist Episcopal Church, Rocky Mountain District Colorado […]

(607 P.2d 1010) Board of County Commissioners of Routt County, Colorado v. The Colorado National Bank of Denver, a national banking association No. 78-349Colorado Court of Appeals. Decided August 30, 1979. Rehearing denied October 18, 1979. Certiorari granted March 10, 1980. In action premised on bank’s dishonor of letters of credit it had issued to […]

(361 P.2d 130) ORCHARD CITY IRRIGATION DISTRICT v. J. E. WHITTEN, STATE ENGINEER, ET AL. No. 18,470.Supreme Court of Colorado. Decided April 3, 1961. Rehearing denied May 1, 1961. From denial of injunction to restrain enforcement of order of State Engineer relating to storage of water, the plaintiff brings error. Affirmed. 1. WATER RIGHTS — […]

116 P.2d 964 ESTATE OF BURROWS. ROENFELDT, CAVEATRIX v. RINKER ET AL. No. 14,792.Supreme Court of Colorado. Decided September 8, 1941. 1. APPEAL AND ERROR — Divided Court. One justice not participating and the others being equally divided as to what disposition should be made of the case, the judgment is affirmed as provided by […]

47 P.2d 1118 SIMPSON ET AL. v. SLEE. No. 13,432.Supreme Court of Colorado. Decided June 10, 1935. Opinion modified and rehearing denied July 29, 1935. Action for damages for malicious prosecution based upon allegations contained in a cross-complaint in a civil action. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Malicious Prosecution — Procedure […]

(410 P.2d 511) Times-Call Publishing Co., et al., Plaintiffs, v. Wingfield, et al., Defendants. No. 22168Supreme Court of Colorado. Decided January 31, 1966. Original proceeding seeking writ of mandamus requiring defendants to give plaintiffs access to and right of inspection of all pleadings and records contained in court file. Rule to show cause issued. Rule […]

45 P.2d 622 COMMONWEALTH IRRIGATION COMPANY v. RIO GRANDE CANAL WATER USERS ASSOCIATION ET AL. No. 13,093.Supreme Court of Colorado. Decided April 8, 1935. Rehearing denied April 29, 1935. Suit involving water rights. Judgment for plaintiff finding that certain of defendants’ decreed water rights had been abandoned, injunction issuing accordingly. Affirmed. 1. WATER RIGHTS — […]

(496 P.2d 1011) Rodney Wolford v. The People of the State of Colorado No. 24674Supreme Court of Colorado. Decided May 1, 1972. Defendant was convicted of the crime of conspiracy to possess narcotics drugs in violation of the statute. From denial of his motion under Crim. P. 35 to vacate and correct his sentence, defendant […]

(353 P.2d 82) JUAN DeDIOS VIGIL v. PEOPLE OF THE STATE OF COLORADO. No. 18,926.Supreme Court of Colorado. Decided June 13, 1960. Defendant was convicted of murder in the second degree and brings error. Reversed. 1. CRIMINAL LAW — Homicide — Degree — Instructions — Evidence — Sufficiency. Where the evidences in a prosecution for […]

The People of the State of Colorado, Plaintiff-Appellee, v. Minh Luu, Defendant-Appellant. No. 96CA0950.Colorado Court of Appeals. May 28, 1998. As Modified on Denial of Rehearing September 24, 1998[*] . Certiorari Denied September 13, 1999. [*] Jones, J., would GRANT. Page 16 Appeal from the District Court of Arapahoe County, Honorable Jack F. Smith, Judge, […]

(581 P.2d 748) Martin D. Velasquez and James F. Sanchez v. Industrial Commission of Colorado; Juereta P. Smith, Director of Division of Labor and Employment; State Compensation Insurance Fund and City and County of Denver No. 77-1078Colorado Court of Appeals. Decided June 29, 1978. Two employees, who had been shot by a co-employee while at […]

ASHTON PROPERTIES, LTD., a California general partnership, and Daniel D. Miller, surviving general partner of Ashton Properties, Ltd., Plaintiffs-Appellants, v. A.L. OVERTON; Overton Babiarz Sykes, P.C., a Colorado professional corporation; and Realamerica Ventures, LLC, a Colorado corporation, Defendants-Appellees. Nos. 03CA0292, 03CA0812.Colorado Court of Appeals. Division II. August 26, 2004. Appeal from the District Court, Arapahoe […]

(90SC418) Donald O. Peterson and Penelope G. Peterson, Petitioners, v. Barry Halsted, Respondent, and (90SC519) Donald O. Peterson and Penelope G. Peterson, Petitioners, v. Teresa Billings, mother and best friend of her deceased child, Eva Marie Halsted, Respondent. No. 90SC418 No. 90SC519Supreme Court of Colorado. Decided April 6, 1992. Page 374 Certiorari to the Colorado […]

199 P.2d 645 JONES v. STURGIS ET AL. No. 16,127.Supreme Court of Colorado. Decided October 18, 1948. An action to remove a cloud upon the title to real property. Judgment for plaintiffs. Affirmed. 1. APPEAL AND ERROR — Court Findings. Where the undisputed evidence supports the findings of the trial court, they will not be […]

The People of the State of Colorado, Plaintiff-Appellee, v. Martin Moreno, Defendant-Appellant. No. 85CA0450Colorado Court of Appeals. Decided March 5, 1987. Rehearing Denied March 26, 1987. Certiorari Denied Moreno June 29, 1987 (87SC170). Appeal from the District Court of La Plata County Honorable Al H. Haas, Judge. Duane Woodard, Attorney General, Charles B. Howe, Chief […]

70 P.2d 337 ESTATE OF HERRINGTON. DONALDSON, TRUSTEE ET AL. v. HERRINGTON, EXECUTOR ET AL. No. 13,935.Supreme Court of Colorado. Decided June 21, 1937. Rehearing denied July 12, 1937. Proceeding involving settlement of a trust estate. Plaintiffs in error assign error to the order of the trial court fixing 2.09 per cent as the rate […]

The People of the State of Colorado, Petitioner, v. Raymond C. Noline, Respondent. No. 94SC736Supreme Court of Colorado. Decided June 3, 1996 Petition for Rehearing DENIED June 24, 1996 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED Page 1257 A. William Ritter, Jr., District Attorney, Second Judicial District, Nathan B. Coats, Chief Deputy District […]

Isbill Associates, Inc., Plaintiff-Appellee, v. City and County of Denver, Defendant-Appellant. No. 79CA1169Colorado Court of Appeals. Decided April 14, 1983. Rehearing Denied May 12, 1983. Appeal from the District Court of the City and County of Denver Honorable Raymond Dean Jones, Judge Page 1118 Wood, Ris and Hames, P.C., Bruce F. Fest, for plaintiff-appellee, Wayne […]

(376 P.2d 55) NORBERT E. SIMPSON v. DARLEEN A. SIMPSON, ET AL. No. 20,258.Supreme Court of Colorado. Decided November 13, 1962. Rehearing denied November 19, 1962. From denial of his motion to dissolve temporary restraining orders in a divorce action, the defendant brings error. Reversed. 1. DIVORCE — Restraining Orders — Third parties. The practice […]

John Doe, Plaintiff-Appellant, v. High-Tech Institute, Inc., d/b/a Cambridge College, an Arizona corporation, Defendant-Appellee. No. 97CA0385Colorado Court of Appeals. July 9, 1998 Opinion Modified, and as Modified, Petition for Rehearing DENIED August 6, 1998. Certiorari Denied March 1, 1999.[*] [*] Chief Justice MULLARKEY and Justice BENDER would grant as to the following issues: Whether respondent’s […]

In re the Petition of S.D., Petitioner-Appellant, and Concerning R.M.S. and K.R.S., Respondents-Appellees. No. 10CA0210.Colorado Court of Appeals. September 30, 2010. Appeal from the District Court, Jefferson County, Brian D. Boatright, J. S.D., Pro Se. No Appearance for Respondents-Appellees. Opinion by Judge ROMAN. Petitioner, S.D., appeals the district court orders refusing to rescind her adoption […]

Judith Olson and Marti Dyer-Allison, Vicki Evans, and Marie Moon, on behalf of themselves and others similarly situated v. The State Board for Community Colleges and Occupational Education, and Ellin Mrchek, Angelo M. Daurio, Stephen J. DeJong, Ross Forney, Thomas T. Grimshaw, Richard O. Jones, Gwendolyn A. Thomas, Fred W. Valdez, Jr., Kirk Wagner, members […]

(395 P.2d 462) JOSEPH CARPIO GOMEZ, ET AL., v. THE PEOPLE OF THE STATE OF COLORADO. No. 20354.Supreme Court of Colorado. Decided September 28, 1964. Defendants were convicted of burglary and conspiracy and by writ of error seek reversal of their conviction. Affirmed. 1. CRIMINAL LAW — Exclusion Rule — Invocation — Violation — Penalty […]

159 P.2d 912 MICHELI v. TAYLOR ET AL., doing business as TAYLOR COAL MINING COMPANY. No. 15,570.Supreme Court of Colorado. Decided May 28, 1945. An action for specific performance of a contract. Judgment for plaintiffs. Judgment Modified, and as Modified, Affirmed. 1. APPEAL AND ERROR — Evidence — Presumption. Where, on review of a judgment, […]

(234 P.2d 1055) HARRIS v. MUNICIPAL COURT OF THE CITY AND COUNTY OF DENVER ET AL. No. 16,337.Supreme Court of Colorado. Decided May 21, 1951. Rehearing denied July 16, 1951. An action in the district court for dismissal of a proceeding in the municipal court of the City and County of Denver. Judgment of dismissal. […]

In re the Marriage of Wade A. Zinke, Appellee, and Kori Lynn Wavra, Appellant. No. 97CA2152Colorado Court of Appeals. October 1, 1998 Appeal from the District Court of Weld County, Honorable J. Robert Lowenbach, Judge, No. 96DR965 ORDERS VACATED Page 211 Evan Freirich, P.C., Evan Freirich, Boulder, Colorado, for Appellee. The Law Office of Timms […]

The People of the State of Colorado, Complainant, v. Mitchell M. Geller, Attorney-Respondent. No. 88SA73Supreme Court of Colorado. Decided April 25, 1988. Original Proceeding in Discipline Linda Donnelly, Disciplinary Prosecutor, for Petitioner. Rowe P. Stayton, for Attorney-Respondent. EN BANC JUSTICE MULLARKEY delivered the Opinion of the Court. [1] In this attorney disciplinary proceeding, a hearing […]

(343 P.2d 535) GROENDYKE TRANSPORT, INC. v. DISTRICT COURT OF THE CITY AND COUNTY OF DENVER, ET AL. No. 18,341.Supreme Court of Colorado. Decided August 31, 1959. Original proceeding in nature of prohibition challenging authority of trial court to grant petition of intervention. Rule to show cause issued. Rule Discharged. 1. PRACTICE AND PROCEDURE — […]

The People of the State of Colorado, Plaintiff-Appellant, v. Jeffrey Leftwich, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant, v. David Alan Wade, Defendant-Appellee. No. 93SA290 No. 93SA291Supreme Court of Colorado. Decided March 7, 1994 Interlocutory Appeals from the District Court, Boulder County, Honorable Roxanne Bailin, Judge Page 1261 RULINGS AFFIRMED AND CASES REMANDED […]

Michael Comfort, Plaintiff-Appellant, v. Rocky Mountain Consultants, Inc., a Colorado corporation, Defendant-Appellee. No. 86CA1311Colorado Court of Appeals. Decided February 23, 1989. Rehearing Denied April 13, 1989. Appeal from the District Court of Boulder County Honorable Joseph J. Bellipanni, Judge. Richard D. Irvin; Dale E. Johnson, for Plaintiff-Appellant. Michael J. Pipis, P.C., Michael J. Pipis, for […]

Janell L. Liscio and Robert Liscio, Plaintiffs-Appellants, v. Ronald C. Pinson, M.D.; David P. Fisher, M.D.; and Rocky Mountain Orthopedic Associates, P.C., Defendants-Appellees. No. 02CA0124Colorado Court of Appeals. June 19, 2003 Certiorari Denied February 9, 2004 City and County of Denver District Court No. 99CV7761; Honorable Michael A. Martinez, Judge JUDGMENT AND ORDER AFFIRMED Division […]

37 P.2d 394 EXCHANGE NATIONAL BANK OF COLORADO SPRINGS v. RECEIVERS OF THE CITY SAVINGS, BUILDING AND LOAN ASSOCIATION. No. 13,490.Supreme Court of Colorado. Decided October 22, 1934. Action to have claims, based on certificates of deposit issued by a building and loan association, declared superior to those of association members, the association being insolvent. […]

(523 P.2d 986) The People of the State of Colorado v. Keith A. Brown and Deryl G. Beckel No. 25839Supreme Court of Colorado. Decided June 24, 1974. Rehearing denied July 15, 1974. Defendants were convicted of possession of marijuana, possession for sale of marijuana, possession of cocaine, conspiracy to possess narcotic drugs for sale, and […]

Thomas L. Compton and Patricia Ann Compton, Plaintiffs-Appellees, v. The Lemon Ranches, Ltd., a Colorado limited partnership, and Laura M. Lemon, Defendants-Appellants. No. 97CA1907Colorado Court of Appeals. January 7, 1999 Appeal from the District Court of La Plata County, Honorable Timothy A. Patalan, Judge, No. 92CV219 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE […]

(366 P.2d 861) MARIE H. STAPLES v. MILDRED L. LANGLEY, ET AL. No. 19,368.Supreme Court of Colorado. Decided December 4, 1961. Rehearing denied December 26, 1961. Action for damages resulting from automobile collision. From a verdict and judgment for less than amount claimed the plaintiff brings error. Affirmed in Part, Reversed in Part. 1. DAMAGES […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Aaron M. KENDALL, Defendant-Appellant. No. 04CA1212.Colorado Court of Appeals. January 11, 2007. Rehearing Denied May 3, 2007. Appeal from the District Court, Adams County, Thomas R. Ensor, J. Page 792 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Weld County Kirby Company, Petitioner, v. Industrial Commission of the State of Colorado, (Ex-Officio Unemployment Compensation Commission of Colorado), Colorado Department of Labor and Employment, and Richard L. Zenisek, Respondents. No. 83CA0350Colorado Court of Appeals. Decided December 29, 1983. Review of Order from the Industrial Commission of the State of Colorado Page 1254 [EDITORS’ NOTE: […]

Jason Richard ORAM, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 09SC224.Supreme Court of Colorado. May 16, 2011. As Modified on Denial of Rehearing August 1, 2011. Appeal from the District Court, City and County of Denver, Morris B. Hoffman, J. Page 1033 Douglas K. Wilson, Public Defender, Michael C. Mattis, Deputy […]

The People of the State of Colorado v. William E. Pate No. 79SA366Supreme Court of Colorado. Decided March 9, 1981. Appeal from the District Court of the County of El Paso, Honorable Hunter D. Hardeman, Judge. Robert L. Russel, District Attorney, Thomas A. Barnes, Jr., Deputy, for plaintiff-appellant. J. Gregory Walta, State Public Defender, Norman […]

Lawrence A. Jackson, Petitioner-Appellant, v. Aristedes Zavaras, Executive Director, and WARDEN, Arkansas Valley Correctional Facility, Respondents-Appellees. No. 97SA265Supreme Court of Colorado. August 31, 1998 Appeal from the District Court, Fremont County, Honorable John E. Anderson, III, Judge. JUDGMENT AFFIRMED Lawrence A. Jackson, Pro Se, Denver, Colorado. No Appearance By or on Behalf of Respondents-Appellees. EN […]

251 P.2d 316 HAHN v. THE PEOPLE. No. 16,822.Supreme Court of Colorado. Decided November 24, 1952. Plaintiff in error was convicted of the crime of grand larceny. Affirmed. 1. CRIMINAL LAW — Felonies — Statutes. Section 1, chapter 114, Session Laws of 1945, “Embraces every felony committed by defendant here or in a foreign state, […]

(480 P.2d 843) Leroy Martinez v. The People of the State of Colorado. No. 23643.Supreme Court of Colorado. Decided February 16, 1971. Defendant was convicted of burglary and brought error. Affirmed. 1. CONSTITUTIONAL LAW — Assistance of Counsel — Right to Choose — Advice — Agreement — Guarantee — Negative. The standard of “effective assistance […]

The People of the State of Colorado, Complainant, v. James William Robnett, Attorney-Respondent. No. 87SA88Supreme Court of Colorado. Decided May 26, 1987. Original Proceedings in Discipline Linda S. Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Gary M. Jackson, for Attorney-Respondent. EN BANC JUSTICE VOLLACK delivered the Opinion of the Court. [1] […]

(292 P.2d 196) FRANK A. SMITH, ET AL. v. FITZ SCHNAUFER, ET AL. No. 17,632.Supreme Court of Colorado. Decided January 9, 1956. Action to recover damages for breach of contract. Judgment for defendants. Affirmed Error to the District Court of Baca County, Hon. Alfred A. Arraj, Judge. Mr. SOL COHEN, Mr. A. E. SMALL, JR., […]

Claude A. Fishburn, Robert D. Perkins, and Raymond J. Maestas, Plaintiffs-Appellants, v. Edward W. Bailey, individually and in his official capacity, and The City of Colorado Springs, Defendants-Appellees. No. 92CA1429Colorado Court of Appeals. Decided August 19, 1993. Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge Page 1144 Cornish and […]

DINNERWARE PLUS HOLDINGS, INC., a Delaware corporation, Plaintiff-Appellant and Cross-Appellee, v. SILVERTHORNE FACTORY STORES, LLC, a Colorado limited liability company, Defendant-Appellee and Cross-Appellant. No. 03CA1577.Colorado Court of Appeals. December 16, 2004. Certiorari Denied March 21, 2005. Appeal from the District Court, Summit County, David R. Lass, J. Page 246 Senn Visciano Kirschenbaum Merrick P.C., Mark […]

CURIOUS THEATRE COMPANY, a Colorado non-profit corporation; Paragon Theatre, a Colorado non-profit corporation; and Theatre13, Inc., a Colorado non-profit corporation, Petitioners v. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT and James Martin, its Executive Director, Respondents. No. 08SC351.Supreme Court of Colorado. December 14, 2009. Appeal from the District Court, City and County of Denver, Michael […]

Paul Scott Hancock, Plaintiff-Appellant, v. State of Colorado, Department of Revenue, Motor Vehicle Division; and Steve Altman, a Hearing Officer Thereof, Defendants-Appellees. No. 86SA207Supreme Court of Colorado. Decided July 18, 1988. Appeal from District Court, Boulder County Honorable Joseph J. Bellipanni, Judge Page 1373 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary approved April 20, 1994 and May 4, 1994, for the proposed initiated constitutional amendment concerning the “Fair Treatment II”. Neil D. O’Toole and Jack Hawkins, Petitioners, and Carlene Walker and Tom Jackson, Respondents, and Title Setting Board: Natalie Meyer, Steve Erkenbrack and […]

(567 P.2d 811) The People of the State of Colorado v. Allan McKnight No. 76-326Colorado Court of Appeals. Decided May 5, 1977. Rehearing denied May 26, 1977. Certiorari denied August 8, 1977. Defendant, a county treasurer, was convicted of embezzlement of public funds, and he appealed. Affirmed 1. CRIMINAL LAW — Embezzlement — County Treasurer […]

(350 P.2d 199) L. S. FLOWER, JR., ASSIGNEE, ETC. v. STREVELL-PATTERSON FINANCE, INC. No. 18,655.Supreme Court of Colorado. Decided March 14, 1960. Action by assignee for the benefit of creditors against finance company to recover balance of account held to credit of assignor. Judgment for defendant. Affirmed. 1. ASSIGNMENTS — Benefit of Creditors — Contract […]

7 P.2d 822 ALBERT ET AL. v. THE PEOPLE. No. 12,967.Supreme Court of Colorado. Decided January 25, 1932. Plaintiffs in error were convicted of aggravated robbery. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Information — Sufficiency. An information which substantially follows the terms of the statute, is expressed in plain language, and which […]

In re Interrogatory of the United States District Court: First Interstate Bank of Fort Collins, N.A., as conservator of the Estate of John David Cobb, a/k/a John D. Cobb, a protected person; Linnea S. Cobb, now by marriage Linnea S. Hess, individually and as guardian of John David Cobb, John David Cobb, Individually, Plaintiffs, v. […]

The City of Greeley, a municipal corporation, and Home Light and Power Company, a Colorado corporation, Plaintiffs-Appellants, v. Poudre Valley Rural Electric Association, Inc. Defendant-Appellee. No. 85SA293Supreme Court of Colorado. Decided September 8, 1987. Rehearing Denied October 5, 1987. Appeal from District Court, Weld County Honorable Robert A. Behrman, Judge Law Department City of Greeley, […]

Laura Arias, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Department of Labor and Employment, and Sung W. Oh, d/b/a Dunkin Donuts, Respondents. No. 92CA0491Colorado Court of Appeals. Decided February 25, 1993. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 162 Ann M. la […]

Kenneth W. Lathrop, Plaintiff-Appellant, v. Entenmann’s, Inc., Defendant-Appellee. No. 87CA0876Colorado Court of Appeals. Decided January 23, 1989. Rehearing Denied February 23, 1989. Certiorari Granted May 30, 1989 (See 778 P.2d 1370) Certiorari Dismissed with Prejudice July 17, 1989 (89SC154). Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, […]

Ned Pittman, Plaintiff-Appellant, v. Larson Distributing Company, a Colorado corporation; John L. Larson, Sr., and Robert G. Fitzsimmons, Defendants-Appellees. No. 84CA0239Colorado Court of Appeals. Decided June 12, 1986. Rehearing Denied July 10, 1986. Certiorari Denied Larson September 29, 1986 (86SC282). Appeal from the District Court of Adams County Honorable James J. Delaney, Judge Page 1380 […]

47 P.2d 688 KERN ET AL v. CAMPBELL. No. 13,373.Supreme Court of Colorado. Decided October 2, 1933. On rehearing original opinion adhered to May 20, 1935. Suit for specific performance, or damages in case of inability of defendants to perform. Judgment for plaintiff. Affirmed in Part. Reversed in Part. 1. APPEAL AND ERROR — Fact […]

139 P.2d 269 E. F. GOBATTI ENGINEERING AND MACHINERY CORPORATION v. OLIVER WELL WORKS, INC. No. 15,294.Supreme Court of Colorado. Decided June 14, 1943. Rehearing denied July 6, 1943. An action on contract to recover for services rendered. Judgment for plaintiff. Reversed. 1. PLEADING — Complaint — Conclusions. In an action on contract to recover […]

14 P.2d 486 LAIZURE v. BAKER ET AL. No. 13,147.Supreme Court of Colorado. Decided September 12, 1932. Mandamus to compel issuance of final decree or certificate reciting that parties are divorced. Judgment of dismissal. Affirmed. On Application for Supersedeas. 1. CONSTITUTIONAL LAW — Determination of Constitutional Questions. The constitutionality of an act will not be […]

The People of the State of Colorado, Plaintiff-Appellee, v. Carl Ray Perkins, Defendant-Appellant. No. 82CA0486Colorado Court of Appeals. Decided July 14, 1983. Rehearing Denied August 11, 1983. Certiorari Denied January 23, 1984. Page 712 Appeal from the District Court of the City and County of Denver, Honorable Paul Markson, Judge. J. D. MacFarlane, Attorney General, […]

(611 P.2d 585) The People of the State of Colorado v. Eugene Whitfield No. 78-848Colorado Court of Appeals. Decided December 28, 1979. Rehearing denied Whitfield January 17, 1980. Opinion modified and as modified rehearing denied People January 31, 1980. Certiorari denied May 19, 1980. Convicted of felony theft, defendant appealed. Judgment Affirmed, Sentence Vacated. 1. […]

Paul L. Martinez, Petitioner-Appellant, v. Colorado State Board of Parole, Respondent-Appellee. No. 98CA1816Colorado Court of Appeals. September 30, 1999 Appeal from the District Court of Fremont County, Honorable John Anderson, Judge, No. 95CV130. ORDER AFFIRMED Page 257 Paul L. Martinez, Pro Se Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, […]

Rebecca A. Swan, Plaintiff-Appellant, v. American Family Mutual Insurance Company, a Wisconsin corporation, Intervenor-Appellee. No. 98CA1768Colorado Court of Appeals. March 2, 2000 Appeal from the District Court of Adams County, Honorable Thomas R. Ensor, Judge, No. 96CV278 JUDGMENT AFFIRMED Page 547 Vernon K. Sessions, Denver, Colorado, for Plaintiff-Appellant. Harris, Karstaedt, Jamison Powers, P.C., Lee Lindsay, […]

In The Matter of the Estate of Robert M. Anderson, (Deceased). Robert Anderson, Jr., Petitioner-Appellant, v. Chapman Young, Jr., Successor Personal Representative, Respondent-Appellee, and Victoria Crecelius, Interested Party to Will, Appellee. No. 85CA0083Colorado Court of Appeals. Decided September 11, 1986. Appeal from the District Court of Douglas County Honorable Richard D. Turelli, Judge Page 868 […]

(231 P.2d 472) MATZ v. MATZ. No. 16,603.Supreme Court of Colorado. Decided April 16, 1951. Rehearing denied May 14, 1951. An action for divorce. Decree of divorce entered. PER CURIAM Judgment affirmed en banc without written opinion Error to the District Court of El Paso County, Hon. G. Russell Miller, Judge. Mr. WILLIAM ALAN BRYANS, […]

(533 P.2d 50) Board of County Commissioners of Mesa County, and the State Department of Highways, Division of Highways, State of Colorado v. Carrol Wilcox and Barbara J. Wilcox No. 74-079Colorado Court of Appeals. Decided January 7, 1975. Rehearing denied February 4, 1975. From district court judgment holding that county had not abandoned undeveloped portions […]

The People of the State of Colorado, Complainant, v. James L. Mayer, Attorney-Respondent. No. 87SA486Supreme Court of Colorado. Decided February 8, 1988. Original Proceeding in Discipline George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Joseph A. Koncilja, for Attorney-Respondent. EN BANC CHIEF JUSTICE QUINN delivered the Opinion of the Court. [1] The respondent, James L. […]

86 P.2d 253 VIGIL v. THE PEOPLE. No. 14,444.Supreme Court of Colorado. Decided December 19, 1938. Plaintiff in error was convicted of obtaining money under false pretenses. Affirmed. On Application for Supersedeas. 1. TRIAL — Issues of Fact. Where the evidence is confusing and the justifiable inferences are conflicting, the solution of the fact issues […]

70 P.2d 431 INTERNATIONAL SERVICE UNION COMPANY v. PEOPLE EX REL. WETTENGEL, DISTRICT ATTORNEY. No. 14,119.Supreme Court of Colorado. Decided May 17, 1937. Rehearing denied July 12, 1937. Quo warranto proceedings to revoke the charter of an insurance corporation. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. CORPORATIONS — Powers. The powers which can […]

Lou Ann Rossi, Plaintiff-Appellant, v. Thomas J. Mathers and Michael Mathers, d/b/a Mathers Cafe and Lounge, and Robert Julian Nottingham, Defendants-Appellees. No. 85CA1363Colorado Court of Appeals. Decided June 4, 1987. Rehearing Denied August 13, 1987. Certiorari Denied February 22, 1988 (87SC329). Appeal from the District Court of Moffat County Honorable Claus J. Hume, Judge William […]

137 P.2d 780 BENNETTS, INC. v. CARPENTER, DIRECTOR OF REVENUE. No. 15,222.Supreme Court of Colorado. Decided April 26, 1943. An action to obtain a declaratory judgment involving the applicability of the Colorado sales tax law to one operating a cafeteria within an industrial plant in which is manufactured munitions of war for the United States […]

The People of the State of Colorado, Petitioner v. Everett W. Jasper, Respondent. No. 99SC987Supreme Court of Colorado. January 29, 2001 Certiorari to the Colorado Court of Appeals Court of Appeals, No. 98CA0585. JUDGMENT REVERSED AND CASE REMANDED Page 808 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

Benito NEGRON, Plaintiff-Appellant, v. Edd C. GILLESPIE, John Suthers, and Kim Burford, Defendants-Appellees. No. 03CA1977.Colorado Court of Appeals. January 27, 2005. Rehearing Denied March 10, 2005. Appeal from the District Court, El Paso County, David A. Gilbert, J. Page 557 Benito Negron, Pro Se. John W. Suthers, Interim Attorney General, Nicole S. Gellar, Assistant Attorney […]

William E. Sparling, Petitioner, v. Colorado Department of Highways, State Compensation Insurance Authority, Industrial Claim Appeals Office of the State of Colorado, and Director of the Division of Labor and Training, Respondents, and Colorado Department of Highways and State Compensation Insurance Authority, Petitioners, v. William E. Sparling, Industrial Claim Appeals Office of the State of […]

160 P.2d 991 CARTER v. CITY AND COUNTY OF DENVER. No. 15,447.Supreme Court of Colorado. Decided July 2, 1945. An action by a city employee to recover additional wages. Judgment for defendant. Affirmed. 1. APPEAL AND ERROR — Specification of Points — Opinions. Specification of points upon which a plaintiff in error relies for reversal […]

(342 P.2d 1021) THE COTTRELL CLOTHING COMPANY v. BERNARD E. TEETS, ET AL. No. 18,931.Supreme Court of Colorado. Decided July 6, 1959. Rehearing denied August 31, 1959. Application for unemployment compensation. From a judgment affirming an award in favor of claimant the employer brings error. Affirmed. 1. LABOR RELATIONS — Unemployment Compensation — Disqualification — […]

(349 P.2d 702) RICHARD N. GRAHAM, ASSIGNEE v. ANDY BRENDEN, ET AL. No. 18,842.Supreme Court of Colorado. Decided February 29, 1960. Action to foreclose mechanic’s lien. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Findings — Evidence — Sufficiency. Where there is substantial competent evidence in the record to support the findings of the […]

(383 P.2d 313) THE COLORADO ANTI-DISCRIMINATION COMMISSION, ET AL., v. CONTINENTAL AIR LINES, INC. No. 19,771.Supreme Court of Colorado. Decided June 25, 1963. On remand following reversal by the United States Supreme Court. Directions on Remand. (No digest paragraphs.) Error to the District Court of the City and County of Denver, Hon. William A. Black, […]

(349 P.2d 357) BOARD OF EDUCATION OF THE STATE OF COLORADO v. E. T. SPURLIN, CONTROLLER OF THE STATE OF COLORADO. No. 18,498.Supreme Court of Colorado. Decided February 8, 1960. Rehearing denied February 29, 1960. Declaratory judgment action to determine status of certain appointees of the Board of Education. Judgment for defendants. Reversed. 1. CONSTITUTIONAL […]

(305 P.2d 759) BETTY FREEMAN, ADMINISTRATRIX OF THE ESTATE OF DONALD H. FREEMAN v. T. A CROSS, ET AL. No. 18,103.Supreme Court of Colorado. Decided January 7, 1957. Rehearing denied January 21, 1957. Motion to dismiss writ of error for failure to lodge reporter’s transcript within time required by rule. Writ of Error Dismissed. 1. […]

(274 P.2d 317) McNICHOLS, AUDITOR v. CITY AND COUNTY OF DENVER ET AL. No. 17,369.Supreme Court of Colorado. Decided September 20, 1954. An action to compel a municipal officer to perform an act in connection with a contract in relation to “the extension, improvement and the equipping of Juvenile Hall.” Judgment for plaintiff city. Affirmed. […]

In re the Organization of the Fort Lupton Park and Recreation District, Weld County, Colorado. John R. Dent, Janet Lee, and Sherry White, Petitioners for Organization of the Proposed Fort Lupton Park and Recreation District, Appellants, v. Amoco Production Company, Appellee. No. 89CA0167Colorado Court of Appeals. Decided March 29, 1990. Rehearing Denied May 24, 1990. […]

(355 P.2d 309) ROBERT A. LEHMAN v. CITY AND COUNTY OF DENVER. No. 19,054.Supreme Court of Colorado. Decided September 19, 1960. Defendant was convicted of violating city ordinance prohibiting parking of an automobile on private property, and brings error. Affirmed. 1. MUNICIPAL CORPORATIONS — Home Rule Cities — Powers. The XXth Amendment to the constitution […]

Hollis SAWYER, By and Through her next of friend, Jacqueline SAWYER, Plaintiff-Appellant, v. KINDRED NURSING CENTERS WEST, LLC, a Delaware limited liability company, d/b/a Iliff Care Center; Kindred Healthcare, Inc., a Delaware corporation, d/b/a Iliff Care Center; and Susan Johnson, individually and as administrator of Iliff Care Center, Defendants-Appellees, and Concerning Bonnie Sawyer, individually, and […]

(524 P.2d 604) The People of the State of Colorado v. Kenneth Keenan No. 26076Supreme Court of Colorado. Decided July 15, 1974. Appeal from a Crim. P. 35(b) hearing in which the district court refused to vacate a plea of guilty which the defendant contends was invalid. Reversed 1. CRIMINAL PROCEDURE — Plea of Guilty […]