Category: Colorado Court Opinions

(472 P.2d 745) Clare Barnes v. Harry Frank No. 70-273 (Supreme Court No. 23628)Colorado Court of Appeals. Decided July 14, 1970. Personal injury action resulting from collision between automobile in which plaintiff was a passenger and animals on highway which were owned by defendant. As a result of plaintiff’s expressed intention to rely solely on […]

The People of the State of Colorado, Plaintiff-Appellee, v. Herbert Andrew Allaire, Defendant-Appellant. No. 90CA1874Colorado Court of Appeals. Decided May 21, 1992. Rehearing Denied July 2, 1992. Certiorari Denied January 19, 1993 (92SC484). Appeal from the District Court of Routt County Honorable Richard P. Doucette, Judge. Page 39 Gale A. Norton, Attorney General, Raymond T. […]

Edward Eugene Miller, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, San Juan County Mining, Colorado Compensation Insurance Authority, and Subsequent Injury Fund, Respondents. No. 98CA1275Colorado Court of Appeals. Division II May 27, 1999 Rehearing Denied August 5, 1999 Review of Order from the Industrial Claim Appeals Office of the State […]

7 P.2d 409 AHEARN, ADMINISTRATRIX v. GOBLE. No. 12,575.Supreme Court of Colorado. Decided January 18, 1932. Proceeding to have a judgment allowed as a claim against the estate of the deceased judgment debtor. Claim allowed. Affirmed. 1. JUDGMENTS — Executors and Administrators — Actions. Personal judgment was entered against one Ahearn for debts of a […]

Cowell Sales Company, a Colorado corporation v. Phil Aigner, a/k/a Phillip R. Aigner No. 80CA1014Colorado Court of Appeals. Decided April 30, 1981. Rehearing denied June 4, 1981. Certiorari granted October 19, 1981. Appeal from the District Court of Arapahoe County, Honorable Joyce S. Steinhardt, Judge. Knight Schneider, Phyllis G. Knight, for plaintiff-appellee. A. Daniel Rooney, […]

(298 P.2d 736) L. E. KNORR v. THE CENTENNIAL TURF CLUB. No. 17,883.Supreme Court of Colorado. Decided June 18, 1956. Rehearing denied July 9, 1956. Action to foreclose mechanic’s line. the complaint was dismissed as against defendant Centennial Turf Club and plaintiff brings error. Affirmed. Error to the District Court of Arapahoe County, Hon. Christian […]

The People of the State of Colorado, Plaintiff-Appellant, v. Fred L. Afentul, Defendant-Appellee. No. 87SA334Supreme Court of Colorado. Decided May 30, 1989. Appeal from District Court, El Paso County Honorable James M. Franklin, Judge. Page 1082 Barney Iuppa, District Attorney, David H. Zook, Chief Deputy District Attorney, for Plaintiff-Appellant. No Appearance for Defendant-Appellee. EN BANC […]

John Billington, Petitioner-Appellee, v. James E. Yust, Nancy I. Yust, My Ranch, a partnership; and Frank E. Yust, Respondents-Appellants. No. 88CA0828Colorado Court of Appeals. Decided July 27, 1989. Rehearing Denied August 31, 1989. Certiorari Denied March 5, 1990 (89SC524). Appeal from the District Court of Grand County Honorable Richard P. Doucette, Judge Page 197 Cockrell, […]

(436 P.2d 678) Benny A. Bean, also known as Benny King v. The People of the State of Colorado. No. 22456.Supreme Court of Colorado. Decided January 29, 1968. Defendant was convicted of the possession of narcotics and brought error. Affirmed. 1. SEARCHES AND SEIZURES — Warrant — Invalidity — Exclusion — Contraband — Trial — […]

(613 P.2d 1302) Robert Louis Marquez v. The District Court in and for the Tenth Judicial District and State of Colorado, and The Honorable Thomas F. Phelps, one of the judges thereof No. 80SA114Supreme Court of Colorado. Decided June 2, 1980. Opinion modified and as modified rehearing denied July 14, 1980. Original proceeding by petitioner […]

Winslow Construction Company, a Colorado corporation, Plaintiff-Appellee, v. City and County of Denver, Defendant-Appellant, and Executive Director of Revenue, State of Colorado, Defendant. No. 97SA79Supreme Court of Colorado. June 22, 1998 Rehearing Denied August 24, 1998 Appeal from the District Court, Arapahoe County, Honorable James F. Macrum, Jr., Judge JUDGMENT REVERSED AND CASE REMANDED WITH […]

25 P.2d 936 DRESSER ET AL. v. W. H. MULLIN LUMBER COMPANY. No. 12,927.Supreme Court of Colorado. Decided September 18, 1933. Action to recover balance of a claim for goods, wares and merchandise sold and delivered. Judgment for plaintiff. Affirmed. 1. ACCORD AND SATISFACTION — Partial Payment. There is no accord and satisfaction when the […]

In Re the Marriage of: John Zareh Palanjian, Appellant, and Alice Palanjian, Appellee. No. 84CA0243Colorado Court of Appeals. Decided August 28, 1986. Appeal from the District Court of the City and County of Denver Honorable John F. Sanchez, Judge Page 1168 Russell Parrish, James S. Russell, for Appellant. Matassa, Dean Sampson, Carolyn L. Sampson, for […]

The Aetna Casualty and Surety Company, Plaintiff-Appellant, v. The Crissy Fowler Lumber Company, a Colorado corporation, Defendant-Appellee. No. 82CA1051Colorado Court of Appeals. Decided May 24, 1984. Rehearing denied July 5, 1984. Appeal from the District Court of El Paso County Honorable Richard L. Hall, Judge Page 515 Tilly and Graves, P.C., David D. Schlachter, for […]

(483 P.2d 1347) Fred Garcia v. The People of the State of Colorado. No. 23893.Supreme Court of Colorado. Decided April 26, 1971. Defendant was convicted of burglary and brought error. Affirmed 1. CRIMINAL LAW — Responsibility — Supreme Court — Consideration — Issues — Motion for New Trial — Briefs on Appeal. It is the […]

(564 P.2d 122) Nancy C. Olson v. The Honorable George G. Priest, one of the Judges of the First Judicial District, and The District Court of the First Judicial District of the State of Colorado No. 27539Supreme Court of Colorado. Decided May 23, 1977. Original proceeding in the nature of prohibition by petitioner ex-wife alleging […]

(584 P.2d 1224) Catherine White v. George E. Brock, George C. Fong, Fortune 70 Realty Company, Stewart Title of Colorado Springs, Inc., and Sharon Risken and Lemon Bell, George C. Scott, and East Costilla Mall, Inc. No. 77-390Colorado Court of Appeals. Decided June 22, 1978. Rehearing denied July 20, 1978. In action for damages resulting […]

Charlotte L. Norton, Plaintiff-Appellant, Cross-Appellee, v. School District No. 1, City and County of Denver, Denver Public Schools, Defendant-Appellee, Cross-Appellant. No. 89CA0945Colorado Court of Appeals. Decided June 28, 1990. Opinion Modified, and as Modified Rehearing Denied August 9, 1990. Certiorari Denied April 8, 1991 (90SC533). Appeal from the District Court of the City and County […]

In Re: The 2000-2001 District Grand Jury In And For The First Judicial District, State Of Colorado And Concerning The Grand Jury Report On The Proland Annexation. No. 00SA315Supreme Court of Colorado. April 16, 2001 As Modified on Denial of Rehearing May 14, 2001. Original Proceeding Pursuant to C.A.R. 21 District Court, Jefferson Gilpin Counties […]

(509 P.2d 797) City of Cherry Hills Village, a municipal corporation, Jean I. Braught, its Building Inspector, Elizabeth N. Noel, its Clerk, Guy H. Williams, Jr., its Mayor, and Ned M. Steele, Milford H. Brinkerhoff, George B. Lee, Robert I. St. Clair, Lavon S. Hill, and James W. Manning, individually and collectively as members of […]

199 P.2d 295 SHOTKIN v. PERKINS ET AL. No. 16,142.Supreme Court of Colorado. Decided October 22, 1948. Rehearing denied November 8, 1948. On motion to dismiss writ of error. Motion Granted. 1. TAXES AND TAXATION — Retail Sales Tax — Practice and Procedure — Appeal and Error. Where the director of revenue of the state […]

(615 P.2d 678) The People of the State of Colorado v. George Whitesel No. 79SA264Supreme Court of Colorado. Decided August 18, 1980. Defendant was convicted of sexual assault on a child by the use of force, intimidation or threat, in violation of the statute, and appealed. Reversed 1. CRIMINAL EVIDENCE — Common Plan — Scheme […]

Shafer Commercial Seating, Inc. and Wausau Insurance Companies, Petitioners, v. Industrial Claim Appeals Office of the State of Colorado and Jose Cortez, Respondents. No. 02CA2567.Colorado Court of Appeals. December 31, 2003. Certiorari Denied March 15, 2004. Industrial Claim Appeals Office of the State of Colorado, WC No. 4-500-678. Shafer Commercial Seating, Inc., and its insurer, […]

(427 P.2d 318) Alex Joseph Duran, Jr. v. The People of the State of Colorado. No. 22217.Supreme Court of Colorado. Decided May 1, 1967. Rehearing denied May 29, 1967. Defendant was convicted of robbery and conspiracy to commit robbery and brought error. Affirmed. 1. ROBBERY — Conspiracy — Record — Evidence — Identity — Defendant […]

American Employer’s Insurance Company, Plaintiff-Appellee, v. Pinkard Construction Company, and Adams-Arapahoe Joint School District No. 28-J, Defendants-Appellants. No. 89CA0821Colorado Court of Appeals. Decided August 2, 1990. Rehearing Denied September 6, 1990. Certiorari Granted March 11, 1991 (90SC622). Certiorari Granted on the following issues: Whether the court of appeals decision to adopt the exposure theory of […]

Alfred Brown Company, a Utah corporation, Plaintiff-Appellant, Cross-Appellee, v. Johnson-Gibbons Reed Western Paving-Kemper, a Joint Venture, and the Four Partners of the Joint Venture, Al Johnson Construction Co., Gibbons Reed Co., Western Paving Co., and Kemper Construction Co., The Continental Casualty Insurance Company, The Travelers Insurance Company, Federal Insurance Company, United States Fidelity and Guaranty […]

(514 P.2d 1135) State Civil Service Commission of Colorado, and Cy J. Burress, Jr., Wm. H. Welsh, Jr., and R. Y. Batterton, Commission Members v. Willard H. Fleming No. C-330Supreme Court of Colorado. Decided October 9, 1973. Rehearing denied October 29, 1973. Certiorari to review decision of the Colorado Court of Appeals in Fleming v. […]

(360 P.2d 807) C.H. WEAVER, ET AL. v. BANKERS LIFE AND CASUALTY CO., ET AL. No. 19,621.Supreme Court of Colorado. Decided April 3, 1961. From overruling of their motion to bring in third party defendant, the defendants bring error. Writ of Error Dismissed. 1. APPEAL AND ERROR — Third Party Defendant — Motion to Make […]

(513 P.2d 444) The People of the State of Colorado v. Eloy Diaz No. 25456Supreme Court of Colorado. Decided August 27, 1973. Defendant was convicted of burglary and theft and appealed. Affirmed in Part, Reversed in Part. 1. BURGLARY — Element — Trespasser — Statute. One element of the crime of burglary under the statute […]

The People of the State of Colorado v. Patrick Shoji Yanaga No. 80CA0991Colorado Court of Appeals. Decided October 8, 1981. Appeal from the District Court of Jefferson County, Honorable Daniel J. Shannon, Judge. J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Special Assistant Attorney General, William Morris, Assistant Attorney General, […]

(408 P.2d 439) John C. Greathouse, Et Al. v. Jasper D. Jones, Et Al. No. 21064Supreme Court of Colorado. Decided December 6, 1965. Action by purchasers against vendors to recover damages for fraud and deceit in sale of business. Judgment for defendants. Reversed and Remanded. 1. APPEAL AND ERROR — Fraud and Deceit — Express […]

(516 P.2d 642) The People of the State of Colorado In the Interest of T.B., A Child No. 25594Supreme Court of Colorado. Decided December 10, 1973. Rehearing denied December 31, 1973. Minor, who was adjudicated a “child in need of supervision” (CHINS), 1967 Perm. Supp., C.R.S. 1963, 22-1-3(18), filed a motion to dismiss the petition […]

The People of the State of Colorado, Plaintiff-Appellee, v. Eumelio Hernandez, Defendant-Appellant. No. 89CA0441Colorado Court of Appeals. Decided April 25, 1991. Rehearing Denied May 30, 1991. Certiorari Denied April 20, 1992 (91SC377). Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge. Duane Woodard, Attorney General, Charles B. […]

The People of the State of Colorado, Plaintiff-Appellant, v. In the Interest of J.L.M., Juvenile-Appellee, and concerning N.H. Respondent-Appellee. No. 99SA100Supreme Court of Colorado. September 13, 1999. Interlocutory Appeal from the District Court, Adams County, Honorable Thomas R. Ensor, Judge ORDER REVERSED AND CASE REMANDED Page 436 Robert S. Grant, District Attorney, Seventeenth Judicial District […]

Life Investors Insurance Company of America, Plaintiff-Appellant, v. Bruce Smith, Acting Commissioner of Insurance, and Division of Insurance for the State of Colorado, Defendants-Appellees. No. 91CA0213Colorado Court of Appeals. Decided May 21, 1992. Rehearing Denied June 25, 1992. Appeal from the District Court of the City and County of Denver Honorable Robert S. Hyatt, Judge. […]

(568 P.2d 496) The People of the State of Colorado v. Prentice Joe Reliford No. 76-151Colorado Court of Appeals. Decided July 7, 1977. Rehearing denied July 28, 1977. Certiorari granted September 19, 1977. Convicted by a jury of second degree murder of his wife, defendant appealed. Affirmed 1. CRIMINAL LAW — Defendant — Constitutional Right […]

(575 P.2d 427) The People of the State of Colorado v. Joe Pete Albo, a/k/a Pete Cruz No. 27601Supreme Court of Colorado. Decided March 6, 1978. Defendant was convicted of first-degree sexual assault and on appeal challenges the constitutionality of the statute. Affirmed 1. RAPE — First-Degree Sexual Assault — Term — “Extreme Pain” — […]

(352 P.2d 269) HOYT F. NELSON, ET AL. v. J.V. VAN CLEVE. No. 18,421.Supreme Court of Colorado. Decided May 16, 1960. Declaratory judgment action involving right to possession of real property. Judgment for plaintiff. Reversed. 1. REAL PROPERTY — Plat — Conveyance. Where predecessor in title of plaintiff platted land and dedicated certain lanes and […]

In the Matter of the Estate of John B. Sandstead, Deceased. Ferne J. Sandstead, Personal Representative-Appellant, v. Michael J. Sandstead, Claimant-Appellee. No. 94CA0672Colorado Court of Appeals. Decided May 4, 1995 Appeal from the District Court of Logan County Honorable James R. Leh, Judge No. 92PR19. ORDERS AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS. Page 884 Donald […]

The People of the State of Colorado, Plaintiff-Appellant, v. Gary Lee Johnson, Defendant-Appellee. No. 95CA0854Colorado Court of Appeals. Decided March 7, 1996 Petition for Writ of Certiorari GRANTED October 21, 1996 Page 127 Appeal from the District Court of Adams County, Honorable Thomas R. Ensor, Judge, No. 93CR416. ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS […]

Wagner Equipment Co., Plaintiff-Appellee, v. Mountain States Mineral Enterprises, Inc., Defendant-Appellant. No. 82CA0808Colorado Court of Appeals. Decided July 14, 1983. Appeal from the District Court of Adams County, Honorable Oyer A. Leary, Judge. Daniel, McCain and Brown, Edward A. Brown, for plaintiff-appellee. Bader and Cox, Lawrence R. Reno, Watkiss Campbell, Robert D. Maack, for defendant-appellant. […]

(536 P.2d 1146) Patricia J. Lestoque v. M. R. Mansfield Realty, Inc., and Cranwell D. Parkin, also known as Don Parkin No. 74-360Colorado Court of Appeals. Decided April 15, 1975. Opinion modified and as modified petition for rehearing denied May 13, 1975. From damages judgment entered against them for breach of fiduciary duty owed to […]

(596 P.2d 751) The People of the State of Colorado v. Craigston Honey No. 28506Supreme Court of Colorado. Decided June 11, 1979. Opinion modified and as modified rehearing denied July 16, 1979. Defendant was convicted of attempted second-degree kidnapping and appealed. Reversed 1. CRIMINAL EVIDENCE — Other Offenses — Generally Inadmissible — Exceptions. Although evidence […]

J.W.C. Davis and Gwendolyn Davis, Petitioners and Cross-Respondents, v. R.K. Cramer, Richard Haines, Irene M. Light, Louis S. Madrid, Gary Sandlin and Sandlin Oil Corp., Respondents and Cross-Petitioners. No. 90SC133Supreme Court of Colorado. Decided March 25, 1991. Rehearing Denied April 15, 1991. Certiorari to the Colorado Court of Appeals. Samuel L. McClaren, P.C., Samuel L. […]

Rustic Hills Shopping Plaza, Inc., a limited partnership, and Rustic Hills Associates, a general partnership, Petitioners, v. Columbia Savings and Loan Association, a Colorado corporation, and Esther E. Rinard, as Public Trustee of the County of El Paso, State of Colorado, and Smartt Construction Co., a Colorado corporation, B.H. Smartt, and M.A. Smartt, Respondents. No. […]

In re the Marriage of Merilyn M. Ferris, Appellant, and Alan G. Ferris, Appellee. No. 02CA1529.Colorado Court of Appeals. Div. III. July 17, 2003. Mesa County District Court No. 93DR1193; Honorable Jane E. Westbrook, Magistrate ORDERS VACATED AND CASE REMANDED WITH DIRECTIONS Catherine C. Burkey, P.C., Nancy Kara, Grand Junction, Colorado, for Appellant. Page 1171 […]

(580 P.2d 1246) Adams County Association for Retarded Citizens, Inc., Ralph Veatch, Individually and as Parent, Natural Guardian, and Next Friend of Victor Veatch, Francis Veatch, Individually and as Parent, Natural Guardian, and Next Friend of Victor Veatch, Victor Veatch, Cecilia Wilkinson, Individually and as Parent, Natural Guardian, and Next Friend of David Wilkinson, and […]

(470 P.2d 581) Bernadene Dorsey v. Lewis E. Dorsey No. 70-019 (Supreme Court No. 22703)Colorado Court of Appeals. Decided February 25, 1970. Proceeding on contempt citation alleging failure to pay child support through registry of the court and on motion for reduction in alimony and child support. From a finding that overpayments direct to one […]

Tammy MASTERS, Plaintiff-Appellee, v. John CASTRODALE and John Overpeck, Defendants-Appellants. No. 04CA1278.Colorado Court of Appeals. August 25, 2005. Appeal from the District Court, Clear Creek County, No. 04CV24, Paul A. Markson, Jr. J. Page 363 Michael Kane, Evergreen, Colorado, for Plaintiff-Appellee. Senter Goldfarb Rice, L.L.C., Thomas S. Rice, Gillian Flener, Denver, Colorado, for Defendant-Appellant John […]

Leonard SANDERSON, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellee. No. 09CA1263.Colorado Court of Appeals. November 10, 2010. Appeal from the District Court, Moffat County, Michael A. O’Hara, III, J. Page 1214 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1215 The […]

The People of the State of Colorado, Plaintiff-Appellant, v. Mark Anthony Wilczynski, Defendant-Appellee. No. 92CA0915Colorado Court of Appeals. Decided September 9, 1993. As Modified on Denial of Rehearing November 4, 1993. Certiorari Granted May 2, 1994. Appeal from the District Court of Arapahoe County Honorable Kenneth K. Stuart, Judge Page 11 Robert R. Gallagher, Jr., […]

Marvin Sherman and Marie Sherman, Petitioners, v. The City of Colorado Springs Planning Commission and the City Council of the City of Colorado Springs, Respondents. No. 86SC306Supreme Court of Colorado. Decided October 17, 1988. Rehearing Denied November 7, 1988 Certiorari to the Colorado Court of Appeals Page 293 Kane Donley, Hayden W. Kane, Mark H. […]

Crystal Homes, Inc., Plaintiff-Appellant, v. Jay Radetsky, Defendant-Appellee. No. 94CA0405Colorado Court of Appeals. Decided April 20, 1995 Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Jr., Judge No. 87CV1575. JUDGMENT AFFIRMED. Page 1180 Harry L. Simon, P.C., Harry L. Simon, Denver, Colorado, for Plaintiff-Appellant. Hall Evans, L.L.C., Alan Epstein, Denver, Colorado, […]

27 P.2d 745 CARLSON ET AL. v. PEOPLE. No. 13,405.Supreme Court of Colorado. Decided November 27, 1933. Plaintiffs in error were convicted of burglary. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Appeal and Error — Evidence — Witnesses. All questions of the weight of evidence and credibility of witnesses are for the determination […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary for 1997-98 # 109. Julie Phillips and Jean Bonelli, Petitioners, v. Victoria Buckley, Rebecca Lennahan, and Richard Westfall, Title Board. No. 98SA236.Supreme Court of Colorado. En Banc. June 29, 1998. Original Proceeding Pursuant to § 1-40-107(2), 1 C.R.S. (1997). Brownstein Hyatt Farber […]

66 P.2d 802 CHAIN O’MINES, INCORPORATED ET AL. v. LEWISON ET AL. No. 13,701.Supreme Court of Colorado. Decided March 22, 1937. Rehearing denied April 12, 1937. Action to subject mining property to a lien under the provisions of C. L. § 6445, for work, materials and labor furnished. Judgment for lien claimants. Affirmed. 1. APPEAL […]

Margaret Hildebrand, Plaintiff-Appellee, v. Vern Olinger and Sunny Dee Olinger, Defendants-Appellants. No. 82CA1174Colorado Court of Appeals. Decided May 10, 1984. Rehearing Denied June 7, 1984. Certiorari Denied October 9, 1984. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Page 696 Hellerstein, Hellerstein and Shore, P.C., Martin H. Shore, Lyle L. […]

10 P.2d 327 BLANKETTE ET AL. v. PUBLIC SERVICE COMPANY OF COLORADO. No. 12,587.Supreme Court of Colorado. Decided March 28, 1932. Action for damages from fire alleged to have been caused by electric wires. Judgment of dismissal. Reversed. 1. EVIDENCE — Damages — Electricity. Offered evidence attributing cause of fire to electric wires held improperly […]

(409 P.2d 511) Gordon Burr, Plaintiff, v. Green Bros. Sheet Metal Inc., et al, Defendants. No. 20711Supreme Court of Colorado. Decided January 10, 1966. Action for damages for personal injuries sustained by plaintiff in fall from scaffold allegedly resulting from negligence of defendants. Judgment for defendants. Affirmed 1. WITNESSES. — Cross-examination — Rules. When plaintiff […]

(426 P.2d 558) Agapita Garcia Arevalos v. The People of the State of Colorado No. 22192.Supreme Court of Colorado. Decided April 24, 1967. Defendant was convicted of assault with a deadly weapon and brought error. Affirmed. 1. ASSAULT AND BATTERY — Considerable Provocation — Definition — Separately — Statute — Appeal and Error. In prosecution […]

(435 P.2d 407) Bemel Associates, Inc., Donald Bemel, Milton Bemel and Eugene Bemel v. Robert C. Brown, Fred Champlain, Mortgage Corporation of America and Inglis Mortgage Company. No. 21629.Supreme Court of Colorado. Decided December 26, 1967. Rehearing denied January 15, 1968. Action by development corporation for refund of standby fee paid to secure certain desired […]

Technical Computer Services, Inc., Plaintiff-Appellant and Cross-Appellee, v. James Buckley, Defendant-Appellee and Cross-Appellant. No. 90CA1932Colorado Court of Appeals. Decided July 30, 1992. Rehearing Denied August 27, 1992. Certiorari Denied February 16, 1993 (92SC632). Appeal from the District Court of the City and County of Denver Honorable Clifton A. Flowers, Judge Honorable William G. Meyer, Judge. […]

Mignon D. McElvaney, Plaintiff-Appellant, v. Craig W. Batley, Defendant-Appellee. No. 90CA1132 No. 90CA1976Colorado Court of Appeals. Decided August 15, 1991. Rehearing Denied September 12, 1991. Certiorari Denied January 27, 1992 (91SC606). Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Judge and Appeal from the District Court of the City and County […]

State Compensation Insurance Authority and Colorado Department of Highways, Petitioners, v. Alfred B. Collins, the Industrial Claim Appeals Office of the State of Colorado, and the Subsequent Injury Fund, Respondents. No. 88CA0515Colorado Court of Appeals. Decided November 10, 1988. Rehearing Denied December 22, 1988. Certiorari Denied February 27, 1989 (89SC11). Review of Order from the […]

IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PETER VOUGHT AND THE STUCKER MESA DOMESTIC PIPELINE COMPANY IN DELTA COLORADO, Applicant-Opposer-Appellant: PETER VOUGHT, v. STUCKER MESA DOMESTIC PIPELINE COMPANY, and Appellee pursuant to C.A.R. 1(e): DIVISION ENGINEER, WATER DIVISION 4, Applicant-Opposer-Appellee: No. 02SA293.Supreme Court of Colorado. En Banc. June 16, 2003. Appeal from […]

Reed Jenkins, Alexander Engelman, Alvin L. Stoval, Harold E. Weber, Gerald A. Engelman, Harold A. Bath, Howard J. Newhauser, Herbert D. Sander, and William L. Bessent, Plaintiffs-Appellants, v. Marvin Jacobs, and C.H. Mulder, Defendants-Appellees. No. 84CA0602Colorado Court of Appeals. Decided July 16, 1987. Petition for Rehearing Denied September 3, 1987. Certiorari Denied January 11, 1988 […]

(455 P.2d 878) F.H. Brillhart v. Thomas K. Hudson and Alice Loveland. No. 22413.Supreme Court of Colorado. Decided June 23, 1969. Action by attorneys against client to recover judgment for legal services rendered pursuant to alleged “contingent fee” contract. Judgment for plaintiffs. Reversed. 1. ATTORNEY AND CLIENT — Contingent Fee — Reasonable — Supervision of […]

15 P.2d 625 CARLSON v. THE PEOPLE. No. 13,034.Supreme Court of Colorado. Decided October 3, 1932. Rehearing denied October 31, 1932. Plaintiff in error was convicted of murder of the first degree and sentenced to death. Reversed. 1. CRIMINAL LAW — Indigent Defendant — Appointment of Counsel. When a court is called upon to appoint […]

Coquina Oil Corporation, a Nevada Corporation, Plaintiff-Appellee and Cross-Appellant, v. The Larimer County Board of Equalization; The Board of County Commissioners of the County of Larimer, State of Colorado; Courtlyn W. Hotchkiss, Nona Thayer and James P. Lloyd, in their official capacity as members of the Larimer County Board of Equalization and the Board of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Ignacio Byron GALLEGOS, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant v. Fernando Lopez, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant v. Josiah Angelo Gallegos, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant v. Demetrius Clyde Santistevan, Defendant-Appellee. The People of the […]

51 P.2d 352 PEOPLE EX REL. ATTORNEY GENERAL v. BENTALL. No. 13,715.Supreme Court of Colorado. Decided October 28, 1935. Original proceeding in disbarment. Respondent Disbarred. 1. ATTORNEYS AT LAW — Disbarment — Felony. An attorney at law who has been convicted of a felony will be disbarred. Mr. PAUL P. PROSSER, Attorney General, Mr. WALTER […]

In the Matter of the Title, Ballot Title and Submission clause approved February 14, 1992, with regard to the Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the Town of Burlington, Evans, Lamar, Las Animas, Sterling, Antonito, Garden City, Granada, Holly, Julesburg, Milliken, Ovid, Peetz and sedgwick, and the Counties of Logan, Prowers and Sedgwick […]

Plaintiff-Appellant: The People of the State of Colorado, v. Defendant-Appellee: Larry L. Triantos. No. 02SA97Supreme Court of Colorado. September 23, 2002 Interlocutory Appeal from the District Court, Mesa County, Case No. 01CR1128, Honorable Amanda D. Bailey, Judge Page 132 ORDER REVERSED AND CASE REMANDED No. 02SA97, The People v. Triantos: Arrest for petty offense — […]

David Locke, Petitioner, v. Yvonne Longacre and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 88CA0739Colorado Court of Appeals. Decided March 16, 1989. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Kelly, Stansfield O’Donnell, Marla S. Petrini, for Petitioner. Colorado Rural Legal Services, Nancy L. […]

(576 P.2d 195) Horn Transportation, Inc., and Commercial Standard Insurance Company v. Claimants in the Matter of the Death of Rex A. Wards, Englewood Transit Company, and State Compensation Insurance Fund, Director of the Division of Labor, and the Industrial Commission of Colorado No. 77-638Colorado Court of Appeals. Decided February 16, 1978. Interstate carrier sought […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gary Wandel, Defendant-Appellant. No. 84CA0040Colorado Court of Appeals. Decided September 19, 1985. Rehearing Denied October 17, 1985. Certiorari Denied Wandel January 21, 1986 (85SC464). Appeal from the District Court of the City and County of Denver Honorable James C. Flanigan, Judge Page 399 Duane Woodard, Attorney […]

In re the Marriage of Barbara U. Riley-Cunningham, Appellant, and James A. Cunningham, Appellee. No. 98CA1487Colorado Court of Appeals. September 16, 1999 Reahearing Denied November 4, 1999. Certiorari Denied August 21, 2000. Appeal from the District Court of Teller County, Honorable Michael J. Heydt, Judge, No. 97DR64 JUDGMENT AFFIRMED Page 993 Steven M. Werner, Colorado […]

199 P.2d 294 VILES CONSTRUCTION COMPANY ET AL. v. JOHNSON. No. 16,144.Supreme Court of Colorado. Decided October 25, 1948. Rehearing denied November 15, 1948. An action to compel specific performance of a contract for the conveyance of real property. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Fact findings of the trial […]

(551 P.2d 1065) Communications Workers of America, an unincorporated labor association v. Western Electric Company, Incorporated, a New York corporation, State of Colorado, Department of Labor and Employment, Division of Labor, James M. Shaffer, Executive Director, State of Colorado, Department of Labor and Employment, Division of Labor, Industrial Commission of the State of Colorado, Henry […]

253 P.2d 593 STATE HIGHWAY DEPARTMENT v. DAWSON ET AL. No. 16,617.Supreme Court of Colorado. Decided November 17, 1952. Rehearing denied January 5, 1953. An action “to recover for the agreed price for gravel taken from the lands of plaintiffs.” Judgment for plaintiffs. Affirmed. 1. CONTRACTS — States. “Ordinary business honesty insists that a state, […]

(525 P.2d 1172) Elizabeth Evans v. Mount View School for Girls and the State Personnel Board of the State of Colorado No. 73-339Colorado Court of Appeals. Decided June 25, 1974. Rehearing denied July 23, 1974. Certiorari denied September 16, 1974. As a result of a staff reduction at a state school for girls, teacher at […]

Lisha Vargas, Plaintiff-Appellant, v. State Farm Mutual Automobile Insurance Company, Defendant-Appellee. No. 95CA0374Colorado Court of Appeals. Decided March 7, 1996 Appeal from the District Court of El Paso County, Honorable Steven T. Pelican, Judge, No. 94CV12. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 653 Melat, Pressman, Ezell Higbie, Alan Higbie, Colorado Springs, Colorado, for […]

State Farm Mutual Automobile Insurance Company, Plaintiff-Appellee, v. Richard N. Graham, Personal Representative of the Estate of Brooke W. Bowman, Virgil A. Boatright, Personal Representative of the Estate of Kelley D. Landrum, and Kerry D. Landrum, Defendants, and Joan Eylar, Intervenor-Appellant. No. 92CA0291Colorado Court of Appeals. Decided February 11, 1993. Rehearing Denied March 11, 1993. […]

(551 P.2d 213) Victor A. Paulek, for himself and all other stockholders in the H. H. Ditch Company similarly situated, and in behalf of the H. H. Ditch Company, a corporation v. Arthur Isgar, John Horvath, Jr., Lloyd Wheeler, Orlo D. Schmitt, T. Kent Schmitt, Ed Harper, individually and as members of the Board of […]

(441 P.2d 25) Thomas C. Cardamon, O.D. v. The State Board of Optometric Examiners of the State of Colorado. No. 21979.Supreme Court of Colorado. Decided May 6, 1968. Rehearing denied June 10, 1968. From a judgment of the district court sustaining the action of the Board in revoking his license to practice optometry, the plaintiff […]

(526 P.2d 1323) The People of the State of Colorado v. Marvin R. McClure No. 25820Supreme Court of Colorado. Decided September 30, 1974. Defendant was convicted of the crime of theft by unlawfully taking money from the victim with intent to permanently deprive her of the use and benefit of said property having a value […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joseph ROMERO, Defendant-Appellant. No. 07CA1652.Colorado Court of Appeals. October 30, 2008. Appeal from the District court, City and County of Denver, Shelley Ilene Gilman, J. Page 303 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

179 P.2d 665 INTERSTATE MOTOR LINES v. NEAL. No. 15,854.Supreme Court of Colorado. Decided April 7, 1947. Rehearing denied April 21, 1947. An action for damages resulting from a collision between a motor vehicle and a railway locomotive. Judgment for plaintiff. Affirmed. 1. NEGLIGENCE — Automobiles — Duty of Autoist. In an action for damages […]

(483 P.2d 380) The Civil Service Commission of the State of Colorado v. Cortlandt E. Doyle. No. 24440.Supreme Court of Colorado. Decided March 29, 1971. Rehearing denied April 26, 1971. From judgment of trial court reinstating discharged state employee and ordering payment to him of salary since date of dismissal, Civil Service Commission brought error. […]

(501 P.2d 483) Equity Savings and Loan Association, a corporation, Earl M. West, T. W. Bean, C. Lester Nelson, Charles R. Cousins, Gilbert A. Alexander, Furman H. Dulan, Harold Jacobs, Edmond F. Noel and Frank Roberts v. Great Western Mortgages, Inc., and Jesse Johnson, Jr., Individually, in their capacities as stockholders, and for and on […]

86 P.2d 264 DANIELS-GREAGER v. CALEDONIAN INSURANCE COMPANY. No. 14,431.Supreme Court of Colorado. Decided December 19, 1938. Rehearing denied January 16, 1939. Action by an insurance company to recover from its agent the sum of an earned premium on a policy written by the agent. Judgment for plaintiff. Affirmed. 1. INSURANCE — Principal and Agent […]

186 P.2d 225 PIONEER MUTUAL COMPENSATION COMPANY v. SMITH. No. 15,659.Supreme Court of Colorado. Decided November 3, 1947. An action on an automobile collision insurance policy. Judgment for plaintiff. Reversed. 1. INSURANCE — Principal and Agent — Knowledge of Agent. The knowledge of an insurance agent will not be imputed to the insurance company where […]

(337 P.2d 392) EVERETT LYLE v. WALTER KIEBACK. No. 18,827.Supreme Court of Colorado. Decided March 30, 1959. Petition for writ of habeas corpus in extradition proceedings. Writ discharged. Affirmed. 1. EXTRADITION — Warrant — Supporting Documents — Sufficiency. Where an escapee from a penal institution in another state is apprehended in Colorado and extradition is […]

In Re Estate of Jack H. Lopata, Deceased: Bernice Lopata v. Barbara Lopata Metzel, and National City Bank of Denver N.A. Special Administrator No. 80SA293Supreme Court of Colorado. Decided March 1, 1982. Appeal from the Probate Court City and County of Denver, Honorable James R. Wade, Judge. Page 953 Feuer, Flossic Rich, Laurence J. Rich, […]

Gary D. Price, Plaintiff-Appellant and Cross-Appellee, v. Boulder Valley School District R-2, and David Zeckser, Defendants-Appellees and Cross-Appellants. No. 86CA0718Colorado Court of Appeals. Decided May 25, 1989. Rehearing Denied 06/29/89 Certiorari Granted November 27, 1989 (89SC406). Appeal from the District Court of Boulder County Honorable Joseph J. Bellipanni, Judge Page 822 [EDITORS’ NOTE: THIS PAGE […]

(532 P.2d 965) Birdie Cobb Patterson a/k/a Sandra C. Patterson v. F. J. Serafini, individually and in his capacity as Public Trustee for the City and County of Denver, Key Realty Company, a Colorado corporation, Advance Mortgage Corporation, a Colorado corporation, and Russell D. Berget and Sharon K. Berget No. 26467Supreme Court of Colorado. Decided […]