Category: Colorado Court Opinions

In re the MARRIAGE OF Herbert L. ANDERSON, Appellant, and Marilyn D. Anderson, Appellee. No. 09CA2592.Colorado Court of Appeals. December 23, 2010. Appeal from the Jefferson County District Court, Randall C. Arp, J. Page 491 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

Andrew M. Sanford and Olivia M. Sanford, Plaintiffs-Appellants, v. Kobey Brothers Construction Corp., a Colorado corporation, and Harris Kobey, Defendants-Appellees. No. 81CA0873Colorado Court of Appeals. Decided September 6, 1984. Appeal from the District Court of Arapahoe County Honorable M. O. Shivers, Judge Page 725 George Alan Holley Assoc., P.C., Dennis B. Polk for Plaintiffs-Appellants. Gorsuch, […]

Stanley Abrams; Triple S, Inc.; Sandra Abrams; and Stanley Biber, Defendants-Appellants, v. Colorado Seal Stripe, Inc., Defendant-Appellee. No. 82CA1255Colorado Court of Appeals. Decided May 30, 1985. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 766 Zuckerman Kleinman, P.C., Leo T. Zuckerman, Michael J. Kleinman, James […]

(572 P.2d 845) Loup-Miller, a partnership, and Loup-Miller Construction Co., a Colorado corporation v. Brauer Associates — Rocky Mountain, Inc., formerly known as Phelps-Brauer Associates, and Tim Cox, d/b/a Tim Cox Construction Co. No. 76-360Colorado Court of Appeals. Decided September 15, 1977. Rehearing denied October 13, 1977. In action to recover for negligent construction of […]

In the Matter of the Claims of: John A. Brandt, Individually and for All Others Similarly Situated v. Industrial Commission of Colorado, and Keystone, a Division of Ralston Purina Company, and All Other Unknown Employers and Liberty Mutual Insurance Company, State Compensation Insurance Fund, Employers Insurance of Wausau, and Travelers Insurance Company No. 81CA0842Colorado Court […]

James M. Briddle v. Elvin Caldwell, Manager of Safety and Excise, and Ex-Officio Sheriff of the City and County of Denver, and Wayne K. Patterson, Warden of the Denver County Jail No. 80SA374Supreme Court of Colorado. Decided May 11, 1981. Appeal from the District Court of the City and County of Denver, Honorable Harold D. […]

Unigard Mutual Insurance Company, Plaintiff-Appellee and Cross-Appellant, v. Mission Insurance Company, Defendant-Appellant and Cross Appellee. No. 93CA0643Colorado Court of Appeals. Decided September 22, 1994, Opinion Modified, and As Modified, Petition for Rehearing DENIED November 10, 1994 Certiorari denied June 5, 1995. Appeal from the District Court of the City and County of Denver Honorable R. […]

The PEOPLE of the State of Colorado, In the Interest of N.D.C., a Child, Upon the Petition of the Denver Department of Human Services, Petitioner-Appellee, and Concerning P.R.D., Respondent-Appellant. No. 08CA2304.Colorado Court of Appeals. April 30, 2009. Appeal from the Juvenile Court, City and County of Denver, Karen M. Ashby, J. Page 495 [EDITORS’ NOTE: […]

(600 P.2d 103) Tri-State Generation and Transmission Association, Inc., a Colorado corporation v. The Board of County Commissioners of Lincoln County, Colorado, and Rex Clark, Robert P. Buzzell and Roland Meinzer, the individual members of said Board and Colorado Land Use Commission, Intervenor No. 78-232Colorado Court of Appeals. Decided May 24, 1979. Rehearing denied June […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jeffrey R. Cisneros, Defendant-Appellant. No. 86CA0438Colorado Court of Appeals. Decided May 28, 1987. Rehearing Denied July 16, 1987. Certiorari Denied Cisneros October 19, 1987 (87SC282). Appeal from the District Court of the City and County of Denver Honorable William G. Meyer, Judge Duane Woodard, Attorney General, […]

Robert C. Roehrs, Shirley L. Roehrs, Club Oil and Gas, Inc., J. Walter Duncan, Jr., Raymond T. Duncan and Walter Duncan, Inc., Plaintiffs-Appellees and Cross-Appellants, v. County of Morgan, Morgan County Board of County Commissioners, Morgan County Treasurer and Robert Sagel, in his official capacity as Treasurer, Defendants-Appellants and Cross-Appellees. No. 98CA1126Colorado Court of Appeals. […]

Mary DiPaolo, Plaintiff-Appellant, v. Boulder Valley School District, RE-2, Defendant-Appellee. No. 94CA0295Colorado Court of Appeals. Decided January 12, 1995. Petition for Rehearing DENIED March 9, 1995. Petition for Writ of Certiorari DENIED August 21, 1995. Appeal from the District Court of Boulder County Honorable Roxanne Bailin, Judge No. 92CV1433. JUDGMENT AFFIRMED. Page 440 Turner Meiklejohn, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Victor Arnold Gabler, Defendant-Appellant. No. 96CA1117Colorado Court of Appeals. November 28, 1997 Petition for Rehearing DENIED Certiorari Denied June 29, 1998. Page 506 Appeal from the District Court of Arapahoe County, Honorable Kenneth K. Stuart, Judge, No. 95CR1707 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Gale […]

(362 P.2d 869) ROBERT ROBLEK, D/B/A WESTERN APPLIANCE AND FURNITURE v. ROBERT HORST, ET AL. No. 19,205.Supreme Court of Colorado. Decided June 12, 1961. Rehearing denied July 3, 1961. Action on note and chattel mortgage and for possession chattels. Judgment adverse to plaintiff on note, and in favor of intervenor for possession and damages. Affirmed […]

(388 P.2d 84) BRUSH HAY AND MILLING COMPANY, ET AL., v. WAYNE W. SMALL. No. 20,707.Supreme Court of Colorado. Decided December 23, 1963. Rehearing denied January 20, 1964. From a judgment directing an award be entered for claimant as an employee, the Brush Hay and Milling Company and others bring error. Reversed. 1. WORKMEN’S COMPENSATION […]

(561 P.2d 1276) Ransom Distributing Company, a Colorado corporation v. Lazy B., Ltd., doing business as Furniture Ranch, and Frank A. Vale v. Stewart Title of Colorado Springs, Inc. No. 76-105Colorado Court of Appeals. Decided March 17, 1977. Judgment creditor sought to garnishee title company for full amount of judgment. From adverse trial court judgment, […]

(434 P.2d 122) Albert Miera and Milton Duran v. The People of the State of Colorado. No. 22378.Supreme Court of Colorado. Decided November 27, 1967. Defendants were convicted of assault with intent to commit rape and brought error. Reversed. 1. RAPE — Forcible — Not Guilty — Evidence — Basis — Assault to Commit — […]

(581 P.2d 306) Larry A. Mizel, John Andrew Love, Harry Guzofsky, Steven P. Levine, and William B. Kemper v. The Banking Board of the State of Colorado, Harry Bloom, State Bank Commissioner and their Successors in Office; Will F. Nicholson, Jr., Charles A. Schley, Harold Kountze, Jr., Kenneth H. Nordling, Verner Eliason and Columbine State […]

84 P.2d 821 RULAND v. THE PEOPLE. No. 14,429.Supreme Court of Colorado. Decided November 21, 1938. Plaintiff in error was convicted of larceny of livestock. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Larceny — Instructions — Appeal and Error. In a prosecution for the larceny of livestock, the giving of an instruction that […]

The People of the State of Colorado v. Gardy Constant No. 80SC250Supreme Court of Colorado. Decided March 29, 1982. Rehearing denied April 19, 1982. Certiorari to the Colorado Court of Appeals J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General; Robinson, Waters, O’Dorisio Rapson, P.C., William R. Rapson, for petitioner. […]

(353 P.2d 385) THE COLORADO NATIONAL BANK, AS EXECUTOR, ETC. v. PHILIP J. McCABE, ET AL. No. 18,532.Supreme Court of Colorado. Decided May 9, 1960. Rehearing denied July 11, 1960. Proceedings for construction of a will. Judgment for petitioner and the executor brings error. Reversed. 1. WILLS — Trusts — Beneficiaries — Rule Against Perpetuities. […]

In the matter of the Title, Ballot Title and Submission Clause, and Summary for a petition on Campaign and Political Finance Douglas Bruce, Petitioner, and Richard K. Bainter and Patricia L. Johnson, Respondents, and Title Setting Board, Merilyn Handley, Rebecca Lennahan, and Stephen Erkenbrack, Respondents. No. 94SA146Supreme Court of Colorado. Decided July 5, 1994 Review […]

Merrill Chadwick Company, a Colorado corporation, Plaintiff-Appellee, v. October Oil Company, f/k/a Jeremiah Corporation, a Colorado corporation, Defendant-Appellant, and Starwest Productions, an unincorporated association, Jim Hurrell, a principal of Starwest Oil Productions, and James Stansfield, individually, No. 84CA0982Colorado Court of Appeals. Decided February 13, 1986. Appeal from the District Court of the City and County […]

The PEOPLE of the State of Colorado, Petitioner, v. Troy J. COBB, Respondent. No. 97SC410Supreme Court of Colorado. En Banc. July 6, 1998 Rehearing Denied August 10, 1998 Certiorari to the Colorado Court of Appeals Page 945 Affirmed. Page 946 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, […]

142 P.2d 389 INDUSTRIAL COMMISSION ET AL. v. BETZ. No. 15,380.Supreme Court of Colorado. Decided September 27, 1943. Rehearing denied November 1, 1943. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Evidence — Court Powers. In workmen’s compensation cases, where the evidence is without substantial conflict as to […]

(341 P.2d 466) LEROY BOLDEN, JR. v. PEOPLE OF THE STATE OF COLORADO. No. 18,460.Supreme Court of Colorado. Decided June 22, 1959. Rehearing denied August 3, 1959. Defendant was convicted of the possession of marijuana and brings of error. Affirmed. 1. CRIMINAL LAW — Witness — Testimony — Non-expert — Motion for Mistrial. Statements made […]

The People of the State of Colorado v. Cruz John Gonzales No. 79CA0548Colorado Court of Appeals. Decided April 23, 1981. Rehearing denied May 14, 1981. Certiorari denied June 29, 1981. Appeal from the District Court of Jefferson County Honorable Winston W. Wolvington, Judge. J.D. MacFarlane, Attorney General Richard F. Hennessey, Deputy Attorney General Mary J. […]

(559 P.2d 225) Richard G. Harrington v. District Court in and for the County of Morgan, and Dean Johnson, District Court Judge, and County Court in and for the County of Morgan, and Edgar H. Brandenburg, Judge No. 27411Supreme Court of Colorado. Decided January 24, 1977. Original proceeding by petitioner, who was charged with driving […]

(568 P.2d 1169) The People of the State of Colorado v. Mark Butcher, Manuel Lawrence Castaneda, and Louise Charlene Borowiec No. 27416Supreme Court of Colorado. Decided September 12, 1977. Defendants were charged with dispensing dangerous drugs, possession of dangerous drugs for sale, and conspiracy. The trial court entered a judgment dismissing all counts based on […]

William S. VANCE, Jr.; Elizabeth S. Vance; James G. Fitzgerald; and Mary Theresa Fitzgerald; Plaintiffs-Appellees v. Dick WOLFE, P.E., in his official capacity as the Colorado State Engineer; and Rege W. Leach, P.E., in his official capacity as Division Engineer of Water Division 7, Defendants-Appellants and BP America Production Company, Defendant-Intervenor-Appellant. No. 07SA293.Supreme Court of […]

AMERICAN CIVIL LIBERTIES UNION OF COLORADO, a Colorado corporation, Plaintiff-Appellant, v. Gerald WHITMAN, in his official capacity of the Chief of Police for the City and County of Denver; Alvin LaCabe, in his official capacity as the Manager of Safety of the City and County of Denver; and the City and County of Denver, Defendants-Appellees, […]

VILLAGE HOMES OF COLORADO, INC., a Colorado corporation, Plaintiff-Appellee, v. TRAVELERS CASUALTY AND SURETY COMPANY and Travelers Casualty Co. of Connecticut, foreign corporations, Defendants-Appellants. No. 04CA1396.Colorado Court of Appeals. June 15, 2006. Certiorari Granted October 16, 2006. Appeal from the District Court, Jefferson County, No. 02CV410, R. Brooke Jackson, J. Page 294 Roberts Levin Patterson […]

City and County of Denver, a Colorado municipal corporation, and its Department of Zoning Administration; Brian Volkman; and AGR, LLC, Plaintiffs-Appellees, v. The Board of Adjustment for the City and County of Denver and David P. Spencer, Defendant-Appellant. No. 01CA0762Colorado Court of Appeals. May 23, 2002 Certiorari Denied October 15, 2002 City and County of […]

(517 P.2d 845) Auraria Businessmen Against Confiscation, Inc., Robert T. Walker, Moses Katz, and Ivan Goldstein, et al. v. Denver Urban Renewal Authority No. 26059Supreme Court of Colorado. Decided January 14, 1974. Appeal involving the application and constitutionality of the relocation Page 442 payment provisions of the Urban Renewal Law, and the Relocation Assistance and […]

(593 P.2d 1379) Robert N. Miller, District Attorney, Nineteenth Judicial District, Weld County, Colorado v. District Court in and for the Nineteenth Judicial District, State of Colorado, and Honorable Hugh H. Arnold, District Judge in and for the Nineteenth Judicial District, State of Colorado No. 28416Supreme Court of Colorado. Decided May 7, 1979. Original proceeding […]

James Edmonds, Plaintiff-Appellee, v. Western Surety Company, Defendant-Appellant. No. 97CA0679Colorado Court of Appeals. Division IV. June 11, 1998 Opinion Modified, and as Modified, Petition for Rehearing DENIED July 30, 1998 Appeal from the District Court of Douglas County, Honorable Thomas J. Curry, Judge, No. 94CV437 JUDGMENT MODIFIED IN PART, AFFIRMED IN PART, REVERSED IN PART, […]

(592 P.2d 19) The People of the State of Colorado v. Gustano Figueroa No. 78-188Colorado Court of Appeals. Decided February 8, 1979. Convicted of possession of heroin and possession of cocaine, defendant appealed on basis that his motion to suppress evidence was improperly denied. Affirmed 1. CRIMINAL LAW — Search Warrant — Police Officers — […]

33 P.2d 1115 HALVORSON ET AL. v. CHRISTENSEN ET AL. No. 13,525.Supreme Court of Colorado. Decided June 18, 1934. Judgment affirmed in department on application for supersedeas without written opinion. Mr. Chief Justice Adams, Mr. Justice Burke and Mr. Justice Holland participating. Error to the District Court of Larimer County, Hon. Claude C. Coffin, Judge. […]

14 P.2d 489 FORT v. DEMMER. No. 13,114.Supreme Court of Colorado. Decided September 12, 1932. Unlawful detainer action in justice court. Judgment for plaintiff. Appeal to county court dismissed on motion of plaintiff. Affirmed. 1. JUSTICE OF THE PEACE — Summons — Waiver. The unsuccessful party by taking an appeal from a judgment of a […]

87 P.2d 492 DAVIS ET AL. v. MILLER ET AL. No. 14,435.Supreme Court of Colorado. Decided February 14, 1939. Action for possession, and damages for unlawful detention of land. Judgment for plaintiff. On Rehearing. Affirmed. On Application for Supersedeas. 1. EJECTMENT — Title. An equitable title, coupled with a legal right to possession, is sufficient […]

(271 P.2d 418) BROWNING ET AL. v. POTTER. No. 17,120.Supreme Court of Colorado. Decided May 24, 1954. Rehearing denied June 14, 1954. A proceeding to have adjudicated the rights and interests of all parties in and to certain unpatented mining locations and to quiet plaintiff’s title thereto. Judgment for plaintiff. Affirmed. 1. PRACTICE AND PROCEDURE […]

The People of the State of Colorado, Plaintiff-Appellee, v. James E. Montaine, Defendant-Appellant. No. 98CA1948Colorado Court of Appeals. December 23, 1999 Appeal from the District Court of Garfield County, Honorable T. Peter Craven, Judge, No. 94CR123. ORDER AFFIRMED Page 1066 Ken Salazar, Attorney General, Peter J. Cannici, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. David […]

The People of the State of Colorado, Plaintiff-Appellee, v. Joseph B. Zekany, Defendant-Appellant. No. 90CA0162Colorado Court of Appeals. Decided December 12, 1991. Rehearing Denied February 20, 1992. Certiorari Denied August 3, 1992 (92SC173). Appeal from the District Court of Arapahoe County Honorable Kenneth K. Stuart, Judge. Page 775 Gale Norton, Attorney General, Raymond T. Slaughter, […]

9 P.2d 483 SHARP v. THE PEOPLE. No. 12,986.Supreme Court of Colorado. Decided March 7, 1932. Plaintiff in error was found guilty of contributing to the delinquency of a minor. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Fact Findings. Fact findings by a jury which are amply supported by the evidence will […]

Frederick Moreland, Plaintiff-Appellee, v. The Board of County Commissioners of the County of La Plata, a political and governmental subdivision of the State of Colorado, Defendant-Appellant. No. 83CA1255Colorado Court of Appeals. Decided November 21, 1985. Rehearing Denied May 1, 1986. Certiorari Granted (Board) September 8, 1986 (86SC181). Certiorari granted on following issues: Whether, under the […]

Randy J. Henderson; Mary L. Henderson; Amanda Henderson, by her mother and next friend Mary L. Henderson; Sherrie Henderson, by her mother and next friend Mary L. Henderson; and Melissa Henderson-Baumgartner, Plaintiffs-Appellants, v. Roy Romer, Governor of the State of Colorado, individually and in his official capacity; Aristedes Zavaras, Director of the Colorado State Department […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Christina Maria CASTANEDA, Defendant-Appellee. No. 10SA255.Supreme Court of Colorado. February 7, 2011. Appeal from the District Court, Adams County, F. Michael Goodbee, J. Page 1120 Don Quick, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, Colorado, Attorneys for Plaintiff-Appellant. William P. […]

The People of the State of Colorado v. Robert Matthew Riddick No. 80SA350Supreme Court of Colorado. Decided March 30, 1981. Rehearing denied April 27, 1981. Appeal from the District Court of the County of El Paso, Honorable Richard V. Hall, Judge. Robert L. Russel, District Attorney, David H. Zook, Deputy, for plaintiff-appellant. No appearance for […]

(414 P.2d 478) Four Counties Water Users Association v. Colorado River Water Conservation District and Middle Park Water Conservancy District. No. 20942Supreme Court of Colorado. Decided April 11, 1966. From a judgment denying its claims for water from a particular water district, claimant brought error. Reversed. 1. WATER RIGHTS. — Motion — Testimony — Transcript […]

Heidi GRIFFIN, Plaintiff-Appellee and Cross-Appellant, v. STATE FARM FIRE CASUALTY COMPANY, Defendant-Appellant and Cross-Appellee. No. 03CA0537.Colorado Court of Appeals. Division IV. August 12, 2004. Certiorari Granted January 18, 2005. Appeal from the Jefferson County District Court, No. 02CV1316, Tom Woodford, J. Page 284 Law Office of Kevin C. Flesch LLC, Kevin C. Flesch, Englewood, Colorado, […]

B K Distributing, Inc., Plaintiff-Appellee, v. Drake Building Corporation, a Colorado corporation, Philip C. Drake, Margie L. Drake, and Michelle C. Drake, individually and as Officers, Directors and Shareholders of Drake Building Corporation, Defendants-Appellants, and Mid-Central Constructors, Inc., a defunct Colorado corporation, Paul J. Pfeifer, and Earl G. Depner, individually and as Officers, Directors and […]

Bill Morris, Plaintiff-Appellant, v. Jim Schoen, Ed McMillan and Bank of Durango, Defendants-Appellees. No. 98CA0489Colorado Court of Appeals. Division III June 10, 1999 As Modified on Denial of Rehearing August 20, 1999 Certiorari Granted May 1, 2000 Appeal from the District Court of La Plata County Honorable Timothy A. Patalan, Judge, No. 97CV195. JUDGMENT AND […]

The People of the State of Colorado v. Dan Alfonso Harris, Jr. No. 77-611Colorado Court of Appeals. Decided June 18, 1981. Petition for rehearing granted and prior opinion of April 30, 1981, withdrawn. Rehearing denied July 16, 1981. Appeal from the District Court of El Paso County, Honorable William M. Calvert, Judge. Page 1096 Robert […]

Robert CARDENAS, Plaintiff-Appellant, v. FINANCIAL INDEMNITY COMPANY, a California Corporation, Defendant-Appellee. No. 09CA2315.Colorado Court of Appeals. February 3, 2011. Certiorari Dismissed May 24, 2011. Appeal from the District Court, Adams County, Katherine R. Delgado, J. Page 1165 The Carey Law Firm, Robert B. Carey, Frances R. Johnson, Craig R. Valentine, Megan E. Waples, Colorado Springs, […]

John Ardolino, Petitioner, v. The People of the State of Colorado, Respondent. No. 01SC739.Supreme Court of Colorado. En Banc. May 12, 2003. Page 74 Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 98CA1568 JUDGMENT REVERSED AND REMANDED No. 01SC739, John Ardolino v. The People of the State of Colorado:Ineffective Assistance of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ricky Dean Saathoff, Defendant-Appellant. No. 84CA0826Colorado Court of Appeals. Decided July 24, 1986. Rehearing Denied August 28, 1986. Certiorari Granted Saathoff November 10, 1986 (86SC320). Certiorari Denied as improvidently Granted October 7, 1987. Certiorari granted on following issue: Did the trial court err in granting petitioner […]

Concerning the Application for Water Rights of Farmers Reservoir and Irrigation Company; Burlington Ditch, Reservoir and Land Company; Henrylyn Irrigation District; United Water and Sanitation District; and East Cherry Creek Valley Water and Sanitation District in Adams, Arapahoe, Denver, Douglas, Elbert, Jefferson, and Weld Counties. CITY OF ENGLEWOOD, Opposer-Appellant v. BURLINGTON DITCH, RESERVOIR AND LAND […]

113 P.2d 423 BAUGHMAN v. FOSTER LUMBER COMPANY. No. 14,705.Supreme Court of Colorado. Decided May 5, 1941. Suit to foreclose a mechanic’s lien. Motion of plaintiff for judgment on the pleadings sustained. Reversed. 1. LIENS — Vendors — Materialmen — Notice. A vendor of real property, who contracts to sell and records his contract, has […]

(329 P.2d 781) GEORGE H. LEONHART, AS EXECUTOR, ETC. v. DISTRICT COURT OF SEDGWICK COUNTY, ET AL. No. 18,429.Supreme Court of Colorado. Decided July 7, 1958. Rehearing denied September 29, 1958. Original proceeding in the nature of prohibition to restrain the district court from exercising jurisdiction in an appeal from the county court in a […]

(510 P.2d 438) San Isabel Electric Association, Inc., and Division of State Compensation Insurance Fund v. Clifford F. Bramer and Industrial Commission of Colorado No. C-284Supreme Court of Colorado. Decided May 29, 1973. Certiorari to the Court of Appeals which affirmed a workmen’s compensation award to claimant in 31 Colo. App. 134, 500 P.2d 821. […]

(450 P.2d 335) Kenneth E. Cline and Jean F. Cline v. City of Boulder, Colorado. No. 23573.Supreme Court of Colorado. Decided February 10, 1969. Rehearing denied March 3, 1969. Action by landowners challenging annexation and rezoning ordinances of city with relation to involuntary annexation and rezoning of enclave property. Judgment for city. Affirmed. 1. CONSTITUTIONAL […]

(500 P.2d 819) The People of the State of Colorado ex rel. Duke W. Dunbar, Attorney General v. The District Court in and for the Second Judicial District and the Honorable Neil Horan, Chief Judge thereof No. 25584Supreme Court of Colorado. Decided August 28, 1972. Rehearing denied September 18, 1972. Original proceeding. District court granted […]

495 P.2d 1142 David Gourdin v. Robert Waller and Technical Equipment Corporation, a Colorado corporation No. 71-186Colorado Court of Appeals. Decided April 4, 1972. Personal injury action. Stipulation as to liability with trial to a jury on issue of damages resulted in verdict for plaintiff. Defendant appealed. Affirmed 1. NEGLIGENCE — Liability Stipulated — Damages […]

78 P.2d 974 WEBB v. EMPIRE CHIEF MINING COMPANY. No. 14,104.Supreme Court of Colorado. Decided March 25, 1938. Rehearing denied May 9, 1938. Action involving ownership of a mill constructed for treating ores, and located on mining property belonging to defendant in error, plaintiff below. Judgment for plaintiff. Affirmed. 1. EVIDENCE — Letters — Competency. […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. JAMES KENNEY SHIPMAN, Attorney-Respondent. No. 97SA209Supreme Court of Colorado. August 18, 1997 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Jeffrey A. Chase, Denver, Colorado, Attorney for Attorney-Respondent. Page 459 EN BANC PER […]

Nationsbank of Georgia, National Association, a national banking association, Plaintiff-Appellant, v. Conifer Asset Management Ltd., a Colorado limited liability company, Defendant-Appellee. No. 95CA0031Colorado Court of Appeals. Decided April 4, 1996 Petition for Rehearing DENIED June 6, 1996 Petition for Writ of Certiorari DENIED December 3, 1996 Page 761 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

(515 P.2d 465) Western Paving Construction Co., a Colorado corporation, and North Table Mountain Corporation, a Colorado corporation v. The District Court in and for the County of Jefferson and State of Colorado, the First Judicial District, and the Honorable Winston W. Wolvington, one of the District Judges of said Court; and the City of […]

(344 P.2d 961) SAMUEL H. SONTAG v. RUSSELL E. ABBOTT, ET AL., D/B/A THE ABBOTT LUMBER COMPANY, ET AL. No. 18,381.Supreme Court of Colorado. Decided September 28, 1959. Rehearing denied October 26, 1959. Action involving priority of liens under Mechanic’s Lien Statute. Judgment for plaintiffs. Affirmed. 1. MECHANIC’S LIENS — Option to Purchase — Owner […]

The People of the State of Colorado, Plaintiff-Appellant, v. Leonard David Melgosa and Francisco J. Rivero, Defendants-Appellees. No. 87SA359Supreme Court of Colorado. Decided April 4, 1988. Interlocutory Appeal from District Court, El Paso County Honorable Steven T. Pelican, Judge Page 222 Barney Iuppa, District Attorney, Gordon R. Denison, Deputy District Attorney, for Plaintiff-Appellant. David F. […]

In the Matter of the S.L.K. Testamentary Trust, a/k/a S.L.K. Testamentary Trust of the Estate of Dorothy Lewis, Deceased, Sallie L. Keefe, Trustee, David B. Keefe, Sallie L. Keefe, Amy Keefe and Mary Keefe Cunningham, Plaintiffs-Appellants, v. Donald James Davids, and Marjorie Suzann Davids, Defendants-Appellees. No. 83CA0527Colorado Court of Appeals. Decided August 9, 1984. Rehearing […]

Robert E. Simpson, Plaintiff-Appellant, v. Bernice Milne, Defendant-Appellee. No. 82CA0298Colorado Court of Appeals. Decided August 4, 1983. Rehearing Denied August 25, 1983. Certiorari Denied February 6, 1984. Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge Page 366 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

(408 P.2d 448) Alfred L. Capra, Manager of Safety and Excise of the City and County of Denver v. Charles E. Davenport, Et Al. No. 20985Supreme Court of Colorado. Decided December 13, 1965. From order of district court reversing action of Manager and directing that fermented malt beverage license applied for be issued, Manager brings […]

In re the Marriage of Michelle Annette Oswald, f/k/a Michelle Annette Hix, Petitioner-Appellant, and Russell Huel Oswald, Respondent, and Concerning S. Helen Oswald, Appellee. No. 91CA2024Colorado Court of Appeals. Decided January 14, 1993. Page 252 Appeal from the District Court of Fremont County Honorable Kenneth M. Plotz, Judge Vaughn L. McClain; Edward Dale Parrish, P.C., […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of J.R.T., a Child, and Concerning J.M., Respondent-Appellant. No. 00CA1892Colorado Court of Appeals. March 28, 2002 Certiorari Granted October 15, 2002 Pueblo County District Court No. 95JV0491; Honorable James H. Frasher, Jr., Judge. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 218 Daniel Kogosvek, […]

(215 P.2d 719) RINGSBY TRUCK LINES, INC. v. HILLIAR ET AL., DOING BUSINESS AS NATRONA TRANSPORT. No. 16,174.Supreme Court of Colorado. Decided February 6, 1950. Rehearing denied February 27, 1950. An action for damages growing out of a collision of plaintiff’s truck with a truck of defendant, negligently parked, as it is alleged, on a […]

Bruce L. Jones, Plaintiff-Appellee, v. Jacob L. Cruzan, Defendant-Appellant. No. 00CA1770Colorado Court of Appeals. August 30, 2001 El Paso County District Court No. 99CV1061, Honorable Timothy J. Simmons, Judge JUDGMENT AFFIRMED Page 1263 Lloyd C. Kordick Associates, Lloyd C. Kordick, Colorado Springs, CO, for Plaintiff-Appellee Jones Waters, L.L.C., Robert K. Jones, Michael R. Waters, Colorado […]

Carol S. MATOUSH, Plaintiff-Appellee, v. David H. LOVINGOOD and Debra Lovingood, Defendants-Appellants. No. 05CA0538.Colorado Court of Appeals. November 2, 2006. Appeal from the District Court, El Paso County, No. 03CV4670, Rebecca S. Bromley, J. Howard Morrison, Colorado Springs, Colorado, for Plaintiff-Appellee. Felt, Monson Culichia, LLC, James W. Culichia, Karen L. Remling, Colorado Springs, Colorado, for […]

(532 P.2d 725) R. D. Dwyer v. District Court, Sixth Judicial District, State of Colorado, and the Honorable Frederic B. Emigh, District Judge No. 26618Supreme Court of Colorado. Decided March 10, 1975 Original proceeding brought pursuant to C.A.R. 21 to prohibit the district court from exercising in personam jurisdiction over the petitioner. Rule to show […]

141 P.2d 414 PEOPLE v. J. H. COOPER ENTERPRISES, INC. No. 15,311.Supreme Court of Colorado. Decided September 13, 1943. On motion to dismiss writ of error. Motion Granted. 1. APPEAL AND ERROR — Practice and Procedure — Abstracts and Briefs. Rule 115 R.C.P. Colo., concerning abstracts of record and briefs, was adopted for the purpose […]

(557 P.2d 840) The People of the State of Colorado v. Debbie Sue Beebe No. 75-567Colorado Court of Appeals. Decided July 1, 1976. Rehearing denied July 29, 1976. Jury convicted defendant of second degree assault and aggravated robbery, and she appealed. Affirmed 1. CRIMINAL LAW — Robbery — Self-Defense — Not Affirmative Defense. Both the […]

Southeastern Colorado Water Conservancy District, Complainant-Appellee, v. Twin Lakes Associates, Inc. and Dennis O’Neill, Respondents-Appellants, and Cache Creek Mining Trust, Respondent. and Concerning the Application for Water Rights of Dennis O’Neill and Twin Lakes Associates, Inc. in Lake Chaffee Counties Dennis O’Neill and Twin Lakes Associates, Inc., Applicants-Appellants. No. 87SA243Supreme Court of Colorado. Decided March […]

(500 P.2d 363) In the Matter of the Estate of John Joseph Etchart, a/k/a John J. Etchart and John Etchart, Lois Lucille Cable v. Mary Margaret Nelson and R. J. Nelson No. 25057Supreme Court of Colorado. Decided July 10, 1972. Rehearing denied September 11, 1972. Caveat claiming to be decedent’s illegitimate daughter and seeking to […]

(518 P.2d 807) Charles Duprey, Cheryl Duprey, Bonnie Colleen Horn, and John Leonard Horn, each individually and on their own behalf and each on behalf of all others similarly situated v. Byron A. Anderson, Secretary of State of the State of Colorado No. 26227Supreme Court of Colorado. Decided January 28, 1974. Rehearing denied February 19, […]

(564 P.2d 955) Continental National Bank, a national banking association v. James V. Dolan, Ivy M. Dolan, and Dolan Electric Company, Inc., a corporation No. 76-359Colorado Court of Appeals. Decided February 3, 1977. Rehearing denied March 10, 1977. Certiorari denied May 23, 1977. In action by bank seeking recovery on promissory note, guarantors of note […]

In Re the Marriage of: Mary Lou Martin, Appellee, and Robert Burton Martin, Appellant. No. 83CA0525Colorado Court of Appeals. Decided May 9, 1985. Rehearing Denied June 6, 1985. Certiorari Denied October 15, 1985. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Page 1036 Myers, Woodford Hoppin, P.C., Frederick J. Myers, […]

Rosanne Marie (Brock) Dittmar, Plaintiff-Appellant, v. Joe Dickerson Associates, LLC, a Colorado limited liability corporation, and Joe H. Dickerson, individually, Defendants-Appellees. No. 98CA1228Colorado Court of Appeals. December 23, 1999 Appeal from the District Court of the City and County of Denver, Honorable R. Michael Mullins, Judge, No. 97CV3380. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS […]

(557 P.2d 1173) In the Matter of the Application for Water Rights of the City of Grand Junction, Colorado, a municipal corporation, In the Gunnison River or its Tributaries: Tributary Involved: Kannah Creek, in Mesa County. City of Grand Junction, Colorado, a municipal corporation v. Kannah Creek Water Users Association; Lloyd V. Wright; Jenny M. […]