Category: Colorado Court Opinions

Freddy L. Carey, Jr., Plaintiff-Appellant, v. After the Gold Rush, a Colorado corporation, Defendant-Appellee. No. 84CA0830Colorado Court of Appeals. Decided January 30, 1986. Appeal from the District Court of Jefferson County Honorable Joseph P. Lewis, Judge Lutz and Oliver, Owen L. Oliver, for Plaintiff-Appellant. Zarlengo, Mott, Zarlengo Winbourn, Charles J. Carroll, Karen R. Wells, for […]

(506 P.2d 401) L. Keith Benson, Howard H. Anderson, David T. Silby, David L. Flynn and Lynn D. Clear v. City of Sheridan, Colorado, a municipal corporation acting by and through The Board of Trustees of the Police Pension Board of the Page 541 City of Sheridan and Duke W. Dunbar as Attorney General of […]

Xerox Corporation, a New York corporation v. ISC Corporation, a Colorado corporation, and Harold Tamblyn, and Applied Computer Timesharing, a limited partnership No. 78-1040Colorado Court of Appeals. Decided April 9, 1981. Rehearing denied June 4, 1981. Appeal from the District Court of Jefferson County, Honorable Carl W. Fulghum, Judge. Page 619 Holland Hart, Harry L. […]

Margaret Murphy, Eleanor Murphy, Michael W. Sweeney as Personal Representative of the Estate of Margaret Anne Sweeney, Helen Hickisch, Kathryn Jane Pojman, and Anne Louise Mohrman, Plaintiffs-Appellees, v. The Central Bank and Trust Co., Defendant-Appellant. No. 83CA0514Colorado Court of Appeals. Decided February 21, 1985. Rehearing Denied March 28, 1985. Page 14 Appeal from the District […]

(425 P.2d 299) Martin S. Martinez v. The People of the State of Colorado. No. 22089.Supreme Court of Colorado. Decided March 20, 1967. Rehearing denied April 10, 1967. Defendant was convicted of burglary and conspiracy and brought error. Affirmed. 1. BURGLARY — Wallet — Gloves — Truck — Victim — Identification — Sufficiency. Where officer […]

(299 P.2d 1095) ALLEN C. STEPHENSON v. CAMEON WOLFE STEPHENSON. No. 17,733.Supreme Court of Colorado. Decided July 23, 1956. Proceedings for division of property in a divorce case. From an order and decree of the trial court the defendant brings error. Reversed and Remanded With Directions. 1. APPEAL AND ERROR — Trial — Documentary Evidence […]

(599 P.2d 874) Arthur Jeffrey, on behalf of himself and all others similarly situated v. Colorado State Department of Social Services, Henry A. Foley, Executive Director of the Colorado State Department of Social Services, Gilbert R. Slade, Ms. Margaret Marshall, Manuel M. Diaz, John H. Fowler, Thomas C. Hickman, Ms. Joanne Paterson, James A. Vincent, […]

28 P.2d 812 CHEMICAL BANK AND TRUST COMPANY v. NATIONAL MORTGAGE AND DISCOUNT CORPORATION. No. 12,925.Supreme Court of Colorado. Decided December 18, 1933. Rehearing denied January 22, 1934. Controversy over fund deposited by a receiver in the registry of the trial court. Fund awarded to defendant in error. Reversed. 1. APPEAL AND ERROR — Motions […]

(288 P.2d 642) JOHN B. DUMAS v. CLARA A. KLATT. No. 17,594.Supreme Court of Colorado. Decided September 19, 1955. Rehearing denied October 31, 1955. Action to rescind sale of real property for misrepresentation. Decree for plaintiff. Affirmed. 1. VENDOR AND PURCHASER — Rescission — Election of Remedies. Where plaintiff purchased real property represented as standard […]

People v. Stillman No. GC97B121, Cons. 01PDJ025Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. March 20, 2002. Page 89 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 90 [1] Attorney Regulation. The Presiding Disciplinary Judge and Hearing Board […]

The People of the State of Colorado v. Charles Raymond Small Nos. 79SA166 79SA385Supreme Court of Colorado. Decided June 22, 1981. Rehearing denied July 13, 1981. Appeal from the District Court of El Paso County, Honorable William Rhodes, Judge. Page 149 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

111 P.2d 1061 INDUSTRIAL COMMISSION ET AL. v. DAY. No. 14,726.Supreme Court of Colorado. Decided March 17, 1941. Rehearing denied April 7, 1941. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Course of Employment. A police officer was accidentally shot while attending a “turkey shoot” sponsored by the […]

Western Distributing Company, d/b/a Western Davis, Ltd., a Colorado corporation, and Mike Diodosio Wholesale Liquor Co., a Colorado corporation, Petitioners, v. Warren M. Diodosio, John Diodosio, and Charles Diodosio, Respondents. No. 91SC728Supreme Court of Colorado. Decided November 23, 1992. Rehearing Denied December 14, 1992. Certiorari to the Colorado Court of Appeals Senn, Lewis, Visciano, Hoth […]

(592 P.2d 803) The People of the State of Colorado v. Earl V. Thompson, Jr. No. 28195Supreme Court of Colorado. Decided March 26, 1979. Rehearing denied April 16, 1979. Defendant was convicted of first-degree assault and appealed. Affirmed 1. INSTRUCTIONS, CRIMINAL — Defendant — Entitled — Theory — Evidence — Support. A defendant, upon request, […]

(402 P.2d 621) PAUL W. SWISHER AS COMMISSIONER OF AGRICULTURE OF THE STATE OF COLORADO, ET AL. v. OTIS P. BROWN AND GEORGE RUSS. No. 21510.Supreme Court of Colorado. Decided June 7, 1965. Action by plaintiff seeking a declaratory judgment with reference to the constitutionality of the Colorado Agricultural Marketing Act of 1939. Judgment for […]

(392 P.2d 597) JOSEPH H. SEIFERT v. DE LYDA SEIFERT. No. 21076.Supreme Court of Colorado. Decided June 1, 1964. From a judgment granted on a motion to enforce collection of an unpaid promissory note executed by ex-husband as part of a property settlement agreement pertaining to a divorce action adjudicated seven years earlier, the ex-husband […]

In the Matter of Daniel Scott Bilderback No. 98SA207Supreme Court of Colorado. January 19, 1999 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY DISBARRED Page 1062 Linda Donnelly, Attorney Regulation Counsel, John S. Gleason, Deputy Attorney Regulation Counsel, Denver, Colorado. Daniel Scott Bilderback, Pro Se, Honolulu, Hawaii. EN BANC PER CURIAM [1] This lawyer discipline case involves two […]

(476 P.2d 295) John Brown v. J. Richard Barnes, Commissioner of Insurance, Department of Insurance of the State of Colorado No. 70-363 (Supreme Court No. 23630)Colorado Court of Appeals. Decided October 27, 1970. Action in the nature of mandamus seeking to order Commissioner of Insurance to hold hearing to determine whether plaintiff’s automobile liability insurance […]

106 P.2d 1063 ESTATE OF BRADLEY. BRADLEY v. BRADLEY. No. 14,822.Supreme Court of Colorado. Decided October 7, 1940. Rehearing denied November 4, 1940. A proceeding involving the granting of a widow’s allowance. The judgment was in favor of the widow. Affirmed. On Application for Supersedeas. 1. EXECUTORS AND ADMINISTRATORS — Widow’s Allowance — Statutes — […]

In re the Marriage of Robert J. Upson, Appellant, and Tina Y. Upson, n/k/a Tina Y. Fontenot, Appellee. No. 98CA2393Colorado Court of Appeals. November 12, 1999 Appeal from the District Court of Jefferson County, Honorable Frank Plaut, Judge, No. 96DR2044 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 342 Clanahan, Tanner, Downing Knowlton, Langdon J. […]

Sarah Jane Gansz, Petitioner, v. The People of the State of Colorado and Bradley John Herron, Respondents. No. 94SC93Supreme Court of Colorado. Decided January 17, 1995 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED. The Law Firm of Lanphere and Urbaniak, Gregory S. Lanphere, Colorado Springs, Colorado, LeHouillier and Associates, Patric J. LeHouillier, Steven […]

(255 P.2d 972) SANDERS ET AL. v. GOMEZ ET AL. No. 16,755.Supreme Court of Colorado. Decided March 30, 1953. An action to quiet title to real property. Judgment for defendants. Affirmed. 1. ACTIONS — Equity — Juries. In actions in equity, the verdict of a jury upon factual questions is advisory. 2. PRACTICE AND PROCEDURE […]

John Philip McDonnell, Jr., Petitioner v. The People of the State of Colorado, Respondent. No. 03PDJ063.Supreme Court of Colorado. January 23, 2004. Opinion issued by a Hearing Board consisting of Presiding Officer GAIL C. HARRISS, and BARBARA WEIL LAFF, both members of the bar, and MELINDA M. HARPER, a representative of the public. OPINION AND […]

Kenneth L. SMITH, Plaintiff-Appellant, v. Mary J. MULLARKEY, Rebecca Love Kourlis, Gregory J. Hobbs, Jr., Alex J. Martinez, Michael L. Bender, Nancy E. Rice, both personally and in their representative capacities as Justices of the Colorado Supreme Court; Gregory Kellam Scott, in his personal capacity only; Nathan B. Coats, in his representative capacity as a […]

48 P.2d 793 JOHN DEERE PLOW COMPANY v. COUNTY OF PHILLIPS. No. 13,400.Supreme Court of Colorado. Decided May 6, 1935. Action against county to recover taxes paid under protest. Judgment of dismissal. Affirmed. 1. COUNTIES — Actions Against — Misnomer. An action brought against “The County of Phillips, State of Colorado,” is not maintainable. Suits […]

U S West Communications, Inc., a Colorado corporation, Petitioner, v. City of Longmont, a Colorado municipal corporation, Respondent. No. 96SC75Supreme Court of Colorado. November 10, 1997 Petition for Rehearing DENIED December 2, 1997. Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 510 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

(503 P.2d 1038) Kenneth R. Fenwick v. The Colorado State Board of Registration for Professional Engineers and Land Surveyors No. 72-029Colorado Court of Appeals. Decided December 12, 1972. Registered land surveyor brought action to review order of regulatory board suspending his license. From district court determination affirming order of board, plaintiff appealed. Reversed 1. LIMITATION […]

(592 P.2d 1348) The People of the State of Colorado v. Michael Anthony Cardenas No. 77-992Colorado Court of Appeals. Petition for rehearing granted, and prior opinion withdrawn January 4, 1979. Decided January 4, 1979. Rehearing denied February 8, 1979. Certiorari denied April 16, 1979. From conviction by a jury of child abuse and assault in […]

(579 P.2d 1168) Department of Institutions of the State of Colorado, ex rel. S.L.G. v. Dr. Donald D. Bushnell, Dr. Marvin L. Giersch, C. G. Brasher, Jr., Robert M. Ashburn, Larry M. Bruton, Dr. Sam E. Callaway, Gino Picolli: individually and as school directors constituting the Board of Education of Durango School District No. 9-R […]

Garry Willis and Dwayne Parish, Plaintiffs-Appellants, v. Larry Perry, Defendant-Appellee. No. 80CA1011Colorado Court of Appeals. Decided December 22, 1983. Rehearing Denied January 19, 1984. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 962 Ralph B. Rhodes, W. Stephen McCormick, for plaintiffs-appellants. Baker Hostetler, P.C., James […]

Trailside Townhome Association, Inc., a Condominium Association doing business in Colorado, and Hughes Management, a Homeowners Association, Petitioners, v. Cindy Acierno, Respondent. No. 93SC412Supreme Court of Colorado. Decided September 12, 1994 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 1198 Levy Lambdin, Stuart […]

Patricia Dyer Peterson and Constance Preble, Plaintiffs-Appellants, v. Fire and Police Pension Association, Police Pension Relief Board, Mike Licht, Auditor, and The City and County of Denver, Defendants-Appellees. No. 85CA1000Colorado Court of Appeals. Decided May 22, 1986. Rehearing Denied June 26, 1986. Certiorari Granted Peterson September 29, 1986 (86SC266). Certiorari granted on following issues: Did […]

(300 P.2d 805) THOMAS S. BERNIE, ET AL. v. NELLIE S. DILLON. No. 17,889.Supreme Court of Colorado. Decided August 20, 1956. Rehearing denied September 10, 1956. Action for damages for false representations. Judgment for plaintiff against defendant Thomas S. Bernie and he brings error. Affirmed. Error to the District Court of the City and County […]

Dwight J. Holter and Sandra A. Holter, Plaintiffs-Appellants and Cross-Appellees, v. Moore and Company, William M. Moore, Robert S. Wolff, and Timothy M. Miller, Defendants-Appellees and Cross-Appellants. No. 82CA1144 No. 83CA0157Colorado Court of Appeals. Decided December 8, 1983. Rehearing Denied January 12, 1984. Certiorari Denied May 21, 1984. Appeal from the District Court of the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Armando Morales-Uresti, Defendant-Appellant. No. 94CA1870Colorado Court of Appeals. August 22, 1996 Petition for Rehearing DENIED September 26, 1996 Petition for Writ of Certiorari DENIED March 24, 1997. Appeal from the District Court of the City and County of Denver, Honorable Paul A. Markson, Jr., Judge, No. […]

The People of the State of Colorado, Plaintiff-Appellee, v. James D. Engel, Defendant-Appellant. No. 86CA0518Colorado Court of Appeals. Decided August 27, 1987. Rehearing Denied October 1, 1987. Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge Page 61 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Edgar Lee Durre, Defendant-Appellant. No. 82SA176Supreme Court of Colorado. Decided May 21, 1984. Rehearing Denied June 4, 1984. Appeal, District Court, Weld County Honorable Jonathan Hays, Judge Page 166 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, John […]

162 P.2d 597 MARTIN v. THE PEOPLE. No. 15,549.Supreme Court of Colorado. Decided October 1, 1945. Plaintiff in error was convicted of the crime against nature. Reversed. 1. CRIMINAL LAW — Evidence — Reputation of Defendant. In a criminal case, the people are not entitled to introduce evidence of the bad character or reputation of […]

G.E.C. Minerals, Inc., Plaintiff-Appellant, v. Harrison Western Corporation, Defendant-Appellee. No. 86CA1624Colorado Court of Appeals. Decided May 18, 1989. Rehearing Denied 06/22/89 Certiorari Denied October 16, 1989 (89SC399). Appeal from the District Court of Fremont County Honorable John Anderson, Judge Montgomery Little Young Campbell McGrew, P.C., David C. Little, Catherine Page 116 M. Meyer, for Plaintiff-Appellant. […]

William Pack, Plaintiff-Appellant, v. Arkansas Valley Correctional Facility and Bill Price, Warden, Defendants-Appellees. No. 94CA0144Colorado Court of Appeals. Decided January 12, 1995. Petition for Rehearing Denied March 16, 1995. Appeal from the District Court of Crowley County Honorable M. Jon Kolomitz, Judge No. 93CV29. JUDGMENT AFFIRMED. Page 35 Mullen, Sadler Felton, D. Dale Sadler, Denver, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Demetris O’Neal, Defendant-Appellant. No. 99CA0435Colorado Court of Appeals. December 21, 2000 Certiorari Denied October 1, 2001. Appeal from the District Court of the City and County of Denver, Honorable J. Stephen Phillips, Judge, No. 98CR2672. JUDGMENT AND SENTENCE AFFIRMED Page 534 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

(353 P.2d 1095) THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY v. JOHN RAY MARTY, JR., ET AL. No. 18,801.Supreme Court of Colorado. Decided August 2, 1960. Action by carrier to recover for transportation of grain. Judgment for plaintiff and for defendants on counterclaim. Reversed. 1. CARRIERS — Rates — Mistake in Quotation — Discrimination […]

In the Matter of the Estate of Henry Peppler, Deceased. Kent Peppler, Personal Representative of the Estate of Henry Peppler, Appellant, v. Gladys Connelly, Appellee. No. 97CA1873Colorado Court of Appeals. December 10, 1998 Appeal from the District Court of Boulder County, Honorable Field C. Benton, Judge No. 94PR333 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS […]

E. B. Roberts Construction Co., C W Manhattan Associates, a Texas Limited Partnership, Roland Walters, General Partner of Coogan Walters, the General Partner of C W Manhattan Associates, a Limited Partnership, Roland Walters, Trustee, Allied Bank of Texas, and K-Mart Corporation, a Michigan corporation, Petitioners, v. Concrete Contractors, Inc., and Ideal Construction Service, Inc., Respondents, […]

Arla G. Tolman, Tracie Allen, Jeanette Berry, Carol Bowser, Karen Castro, Laura Cowan, Cheryl Garrison, Simin Hakimi, Francis Hiler, Suzanne Hill, Carl McGirl, Shelley Montoya, Stacey Muniz, Trace Nigh, Lisa Norton, Donna Pacheco, Louise Ragolia, Tanya Szalwinski, Sylvia Westbrook, Mary Ann From, Kara Coleman, Carlee Denton, Carmen Edge, Deborah Hosford, Shellie Wayne, Plaintiffs-Appellants, v. CenCor […]

43 P.2d 385 SMALLEY v. THE PEOPLE. No. 13,502.Supreme Court of Colorado. Decided March 18, 1935. Rehearing denied April 15, 1935. Plaintiff in error was convicted of aggravated robbery, and of being an habitual criminal, and sentence was imposed upon both convictions. Reversed. 1. CRIMINAL LAW — Habitual Criminals — Statutory Construction. Chapter 85, Session […]

(493 P.2d 647) Louise G. Larrick and William F. Larrick v. The District Court in and for the County of Morgan, State of Colorado, and the Judge thereof, the Honorable Francis L. Shallenberger No. 25210Supreme Court of Colorado. Decided February 7, 1972. Original proceeding in which petitioners sought a writ in the nature of prohibition. […]

Jose Lopez, Plaintiff-Appellant, v. Regional Transportation District, Defendant-Appellee. No. 93CA1790Colorado Court of Appeals. Decided November 17, 1994. Petition for Rehearing DENIED December 15, 1994. (Roy, J., would GRANT.) Petition for Writ of Certiorari DENIED July 27, 1995. Appeal from the District Court of the City and County of Denver Honorable William G. Meyer, Judge No. […]

A D A Mechanical Services, Inc., Plaintiff-Appellee, v. Robert Goehring, Defendant-Appellant. No. 84CA0240Colorado Court of Appeals. Decided May 2, 1985. Rehearing Denied May 30, 1985. Certiorari Granted October 15, 1985 (85SC220). Certiorari granted on following issue: Whether the Court of Appeals erred in holding the sale of property at a sheriff’s sale void ab initio […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, v. In the Interest of T.T. and K.T., a/k/a K.P., Children, and Concerning W.C.P. and C.T., Respondents-Appellants. No. 05CA0241.Colorado Court of Appeals. December 15, 2005. Certiorari Denied February 6, 2006. Appeal from the District Court, Mesa County, Charles A. Buss, Nicholas R. Massaro, JJ. Page 329 Maurice […]

(546 P.2d 1268) The People of the State of Colorado v. The District Court in and for the Seventeenth Judicial District of the State of Colorado and Oyer G. Leary, one of the Judges thereof No. 27078Supreme Court of Colorado. Decided March 11, 1976. Original proceeding relating to the question of whether prospective jurors can […]

142 P.2d 283 PIERCE v. OTTE. No. 15,071.Supreme Court of Colorado. Decided September 27, 1943. A suit for the annulment of a marriage. Plaintiff in error was adjudged guilty of contempt of court for failure to pay temporary alimony to the wife. Affirmed. 1. DIVORCE AND ALIMONY — Marriage — Annulment — Alimony. Where a […]

In re: Richard Jahn, by and through his next friend, Lillian Jahn; Bobby Girardin, by and through his legal representative, Robert Girardin; Rachelle Rivas, by and through her guardian, Rose Rivas; and Lori Cianfrance, Plaintiffs v. ORCR, Inc. d/b/a O’Hara Regional Center for Rehabilitation; Solomon Health Services, LLC; Solomon Health Management, LLC; O’Hara Healthcare, LLC; […]

Ted Glen Steiger, Personal Representative of the Estate of Edith Grace Steiger Phillips, also known as Edith Steiger Phillips, also known as Edith Grace Phillips, also known as Edith G. Phillips, also known as Edith Phillips, also known as Edith Steiger, Plaintiff-Appellant and Cross-Appellee, v. Robert C. Burroughs and Patricia Jo Burroughs, Defendants-Appellees and Cross-Appellants. […]

Michelle Nicole HASTIE, Petitioner-Appellant, v. Roxy HUBER, Director of the Department of Revenue Motor Vehicle Division, State of Colorado, Respondent-Appellee. No. 08CA1442.Colorado Court of Appeals. May 28, 2009. Appeal from the District Court, Larimer County, John D. Williams, J. Page 740 Michael T. Kossen, P.C., Michael T. Kossen, Castle Rock, Colorado, for Petitioner-Appellant. John W. […]

BA MORTGAGE, LLC, Plaintiff-Appellant and Cross-Appellee, v. QUAIL CREEK CONDOMINIUM ASSOCIATION, INC., Defendant-Appellee and Cross-Appellant. No. 06CA0246.Colorado Court of Appeals. January 24, 2008. Rehearing Denied March 13, 2008. Certiorari Denied September 15, 2008. Appeal from the District Court, El Paso County, Robert L. Lowrey, J. Page 448 Holland Hart, LLP, Christie Ryan, Christina Gomez, Colorado […]

(592 P.2d 1343) James R. Myers v. Charlesetta Woodall and Saint Anthony Hospital Systems, a Colorado non-profit corporation No. 78-186Colorado Court of Appeals. Decided December 28, 1978. Rehearing denied January 25, 1979. Certiorari denied April 2, 1979. From a summary judgment dismissing his complaint against hospital and its employee for injuries arising from the alleged […]

166 P.2d 994 BEDWELL v. BOARD OF TRUSTEES OF THE FIREMEN’S PENSION FUND. No. 15,362.Supreme Court of Colorado. Decided February 25, 1946. A proceeding involving the allowance of retirement and pension to a member of a municipal fire department. Pension denied. Affirmed. 1. MUNICIPAL CORPORATIONS — Classification — Statutes — Constitutional Law. The population of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Oscar Bonilla-Garcia, Defendant-Appellant. No. 99CA2370Colorado Court of Appeals. October 11, 2001 Rehearing Denied December 20, 2001 Certiorari Denied August 5, 2002[1] [1] Justice MARTINEZ would grant as to the following issue. Mesa County District Court No. 95CR465, Honorable Charles A. Buss, Judge. APPEAL DISMISSED Page 1036 […]

Maurice W. Davis and Molly M. Davis, Plaintiffs-Appellees, v. Caterpillar Tractor Co., Defendant-Appellant. No. 82CA1147Colorado Court of Appeals. Decided November 7, 1985. Opinion Modified and as Modified. Rehearing Denied December 19, 1985. Certiorari Denied Davis May 5, 1986 (86SC20). Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, […]

Carie M. Palmer, Plaintiff-Appellee, v. A. H. Robins Co., Inc., a Virginia corporation, Defendant-Appellant. No. 81SA149Supreme Court of Colorado. Decided June 4, 1984. Rehearing Denied June 18, 1984. Appeal, District Court, City and County of Denver Honorable Robert P. Fullerton, Judge Page 188 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

141 P.2d 682 BROWN v. MILLER ET AL. No. 15,111.Supreme Court of Colorado. Decided September 13, 1943. A suit for dissolution of partnership, accounting and for damages. Judgment for defendants on their cross complaint. Affirmed. On Application for Supersedeas. 1. PARTNERSHIP — Dissolution. In a suit for dissolution of a partnership and accounting, record reviewed […]

Linda Damman Newell, Plaintiff-Appellant, v. Tibor Engel, M.D., Defendant-Appellee. No. 93CA0748Colorado Court of Appeals. Decided December 15, 1994. Petition for Rehearing DENIED February 9, 1995. Petition for Writ of Certiorari DENIED July 31, 1995. Appeal from the District Court of the City and County of Denver Honorable H. Jeffrey Bayless, Judge No. 89CV10407. JUDGMENT AFFIRMED. […]

Bryan Gordon and Betty Gordon, Plaintiffs-Appellees, v. Peter Boyles and Jacor Broadcasting of Colorado, Inc., a Colorado corporation, Defendants-Appellants. No. 99SA369Supreme Court of Colorado. September 11, 2000 Appeal from the District Court, City and County of Denver, Honorable Herbert L. Stern, III, Judge. JUDGMENT REVERSED and CASE REMANDED. Page 1107 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas Jamison Roberts, Defendant, and concerning: James Dostal, Deputy State Public Defender, Appellant. No. 84CA0917Colorado Court of Appeals. Decided May 22, 1986. Rehearing Denied June 26, 1986. Appeal from the District Court of Larimer County Honorable John A. Price, Judge Page 444 Larry Pozner Associates, P.C., […]

(351 P.2d 884) LARRY G. RETALLICK v. POLICE COURT OF THE CITY OF COLORADO SPRINGS, ET AL. No. 19,076.Supreme Court of Colorado. Decided March 28, 1960. Rehearing denied May 23, 1960. Original proceeding in prohibition to restrain municipal court from exercising jurisdiction in prosecution for violation of traffic ordinance. Rule to show cause issued. Rule […]

Denise DeBose and J.D.B., a minor child, by and through his parent and next friend, Denise DeBose, Plaintiffs-Appellees and Cross-Appellants, v. Bear Valley Church of Christ, a Colorado corporation, Defendant-Appellant and Cross-Appellee, and Homer Wolfe, Defendant-Appellant. No. 92CA1929Colorado Court of Appeals. Decided November 17, 1994 Opinion Modified, and as Modified, Petitions for Rehearing DENIED January […]

The People of the State of Colorado, Plaintiff-Appellee, v. Terry A. Hines, Defendant-Appellant. No. 89CA0799Colorado Court of Appeals. Decided March 28, 1991. Rehearing Denied April 25, 1991. Certiorari Denied September 23, 1991 (91SC305). Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge. Page 560 Duane Woodard, Attorney General, Charles B. Howe, […]

The People of the State of Colorado, Complainant, v. Patrick Joseph Wilson, III, Attorney-Respondent. No. 92SA130 No. 92SA176Supreme Court of Colorado. Decided July 13, 1992. Original Proceedings in Discipline. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. No Appearance by Attorney-Respondent. EN BANC PER CURIAM [1] We have consolidated two attorney […]

(427 P.2d 698) Rosamond Goldberg v. Eve Musim. No. 21445.Supreme Court of Colorado. Decided May 1, 1967. Rehearing denied May 19, 1967. Action involving a claim for alienation of affections. Complaint dismissed. Affirmed. 1. PLEADING — Facts — Complaint — True — Motion to Dismiss — Rule — Misapplication — Claim. Rule, that facts alleged […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Johnnie Gary MONTOYA, Defendant-Appellant. No. 03CA0420.Colorado Court of Appeals. Division II. October 7, 2004. Certiorari Denied January 10, 2005. Appeal from the District Court, Jefferson County, R. Brooke Jackson and Christopher J. Munch, JJ. Page 304 Ken Salazar, Attorney General, Matthew D. Grove, Assistant Attorney General, […]

Mortgage Finance, Inc., a Colorado Corporation, Petitioner, v. Wojciech K. Podleski, Respondent. No. 85SC264Supreme Court of Colorado. Decided September 8, 1987. Rehearing Denied October 5, 1987. Certiorari to the Colorado Court of Appeals Grant, McHendrie, Haines and Crouse, P.C., Peter J. Crouse, Charles H. Haines, Jr., Robert D. Mendenhall, for Petitioner. DeMuth Kemp, Lael S. […]

5 P.2d 246 ROSS v. ROSS. No. 12,448.Supreme Court of Colorado. Decided November 2, 1931. Proceeding concerning custody of minor child. Custody awarded to grandparents. Affirmed. 1. CHILDREN — Custody — Parties — Jurisdiction. In dependency proceedings, the parties are the people in the interest of the child, and a named respondent. In divorce proceedings, […]

42 P.2d 467 JONES v. MILLIKEN, MANAGER OF SAFETY ET AL. No. 13,305.Supreme Court of Colorado. Decided February 25, 1935. Rehearing denied March 18, 1935. Action to determine the rightful claimant to a pension from the Denver police department relief fund. Judgment for wife of deceased officer. Affirmed. 1. PRESUMPTIONS — Legal. The law presumes […]

(395 P.2d 738) JOHN WILLIS RICHIE, JR., v. HARRY C. TINSLEY, WARDEN, COLORADO STATE PENITENTIARY. No. 21159.Supreme Court of Colorado. Decided September 28, 1964. Rehearing denied October 26, 1964. From denial of his petition for a writ of habeas corpus, the petitioner brings error. Affirmed. 1. PARDON AND PAROLE — Habeas Corpus — Document — […]

(555 P.2d 184) The People of the State of Colorado v. Robert Clayton McCollum No. 75-807Colorado Court of Appeals. Decided September 30, 1976. Upon conviction of vehicular homicide and sentence of five years probation, defendant appealed. Affirmed. 1. CRIMINAL LAW — Appeal and Error — Sufficiency of Evidence — At Issue — Evidence Must Be […]

(522 P.2d 744) Joanne P. Dockum v. Robert R. Dockum No. 73-421Colorado Court of Appeals. Decided May 21, 1974. In proceedings subsequent to divorce action, trial court changed custody of two minor children from plaintiff to defendant, and plaintiff appealed. Affirmed 1. DIVORCE — Initial Contact — Pursuant — Old Divorce Law — Modification of […]

The People of the State of Colorado v. Jesus Franco Gutierrez No. 79SA370Supreme Court of Colorado. Decided January 19, 1981. Rehearing denied February 9, 1981. Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Jr., Judge. Page 548 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

Russell L. Brown, Jr., Appellant, v. Colorado Limited Gaming Control Commission and the Colorado Division of Gaming, Appellees. No. 97CA1542Colorado Court of Appeals. March 4, 1999 Modified June 3, 1999. Petition for Rehearing DENIED June 14, 1999 Appeal from the Colorado Limited Gaming Control Commission ADOPTION OF RULE AFFIRMED Holley, Albertson Polk, P.C., Scott D. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Timothy McCall, Defendant-Appellant. No. 82SA523Supreme Court of Colorado. Decided April 25, 1983. Appeal from the District Court of Eagle County, Honorable William L. Jones, Judge. J. D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Solicitor General, Laura E. Udis, Assistant Attorney […]

The People of the State of Colorado, Plaintiff-Appellee, v. Edgar Lee Durre, Defendant-Appellant. No. 84CA1070Colorado Court of Appeals. Decided September 19, 1985. Rehearing Denied October 17, 1985. Certiorari Denied March 3, 1986 (85SC459). Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge Page 1345 Duane Woodard, Attorney General, Charles B. Howe, […]

The People of the State of Colorado, Petitioner, v. The District Court, City and County of Denver; and one of the Judges thereof, Honorable Morris Ben Hoffman, Respondents. No. 97SA337Supreme Court of Colorado. January 20, 1998 Original Proceeding Pursuant to C.A.R. 21 RULE MADE ABSOLUTE Page 185 A. William Ritter, Jr., District Attorney, Second Judicial […]

141 P.2d 903 SCHAEFER ET AL. v. SCHOOL DISTRICT No. 18, OF ARAPAHOE COUNTY. No. 15,351.Supreme Court of Colorado. Decided September 13, 1943. Rehearing denied October 4, 1943. A proceeding in eminent domain brought by a school district. Judgment authorizing possession and use of the premises by the district was duly entered. Reversed. On Application […]

(362 P.2d 863) YALE POPIEL, D/B/A BIG FOUR TAVERNS v. JOHN M. SCHOOLEY, MANAGER OF SAFETY AND EXCISE, CITY AND COUNTY OF DENVER. No. 19,784.Supreme Court of Colorado. Decided June 12, 1961. Rehearing denied July 3, 1961. From judgment sustaining revocation of liquor license, the license, brings error. Affirmed. 1. LICENSES — Revocation — Findings […]

(360 P.2d 433) FRANK Z. PIPER, ET AL. v. JOSEPH H. MAYER, ET AL. No. 19,246.Supreme Court of Colorado. Decided February 6, 1961. Rehearing denied March 6, 1961. Action for damages resulting from automobile collision. Judgment for defendants. Reversed. 1. NEGLIGENCE — Instructions — Evidence — Unavoidable Accident — Error. Where the undisputed evidence disclosed […]

(229 P.2d 939) JOHNSON v. NEEL. No. 16,483.Supreme Court of Colorado. Decided March 26, 1951. An action to remove a cloud upon the title of real estate allegedly created by the filing of a mechanic’s lien. Judgment for respondent. Affirmed. 1. APPEAL AND ERROR — Findings — Evidence. The Supreme Court is “without authority to […]

The People of the State of Colorado, Petitioner/Cross-Respondent v. Frank Melillo, Respondent/Cross-Petitioner No. 98SC816Supreme Court of Colorado. May 29, 2001 Rehearing Denied June 25, 2001[*] [*] Justice MARTINEZ and Justice BENDER would grant. Certiorari to the Colorado Court of Appeals, Court of Appeals No. 96CA1515 JUDGMENT REVERSED IN PART AFFIRMED IN PART AND JUDGMENT OF […]

203 P.2d 904 HAYES, DOING BUSINESS AS OIL FIELD GARAGE v. GREENLEA. No. 16,191.Supreme Court of Colorado. Decided March 14, 1949. An action for damages allegedly resulting from the failure of defendant to properly repair an automobile for plaintiff. Judgment for plaintiff. PER CURIAM. On application for supersedeas, application denied and judgment affirmed en banc […]

(507 P.2d 883) Velda Oglesby v. Cassius Cadwell Conger No. 71-457Colorado Court of Appeals. Decided December 12, 1972. Rehearing denied January 16, 1973. Certiorari denied April 2, 1973. Rehearing on certiorari denied April 30, 1973. Negligence action arising as result of two-car collision. Counterclaim for property damage by defendant. From jury verdict denying relief to […]

Fire Insurance Exchange, Plaintiff-Appellant, v. Lindsey Daniel Rael, a minor child, by her guardians and next friends, Steven D. Rael and Tammy B. Rael, and Steven D. Rael and Tammy B. Rael, individually and as parents of Lindsey Daniel Rael, and Christine M. Medina and Anthony Medina, Jr., Defendants-Appellees. No. 93CA2027Colorado Court of Appeals. Decided […]

The People of the State of Colorado, Plaintiff-Appellant, v. Jose Alfredo Mejia-Mendoza, Defendant-Appellee No. 98SA127Supreme Court of Colorado. September 14, 1998 Appeal From The District Court, Summit County, Honorable W. Terry Ruckriegle, Judge. RULING AFFIRMED Page 778 F. Michael Goodbee, District Attorney, Fifth Judicial District, Edward J. Casias, Chief Deputy District Attorney, Breckenridge, Colorado, Attorneys […]