Category: Colorado Court Opinions

(544 P.2d 970) The People of the State of Colorado v. Jay Dee Breazeale No. 26299Supreme Court of Colorado. Decided December 8, 1975. Rehearing denied February 9, 1976. Defendant was convicted of two counts of rape and one count of deviate sexual intercourse by force, and sentenced to three concurrent terms of 20 to 35 […]

In re the Marriage of James Lee Quam, Appellee, and Bridget C. Quam, Appellant. No. 89CA2049Colorado Court of Appeals. Decided June 6, 1991. Appeal from the District Court of Fremont County Honorable Oyer G. Leary, Judge Marshall Marshall, Julie G. Marshall, for Appellee. Stanley G. Lipkin, for Appellant (On the Briefs). Bridget C. Quam, Pro […]

109 P.2d 643 DENHAM THEATRE INC. v. BEELER. No. 14,722.Supreme Court of Colorado. Decided January 13, 1941. An action for damages for personal injuries, occasioned, as it is alleged, by the negligence of defendant in failing to provide proper safeguards for the patrons of its motion picture theater. Judgment for plaintiff. Reversed. 1. NEGLIGENCE — […]

In the Matter of the Title, Ballot Title, Submission Clause, and Summary Adopted April 17, 1996, by the Title Setting Board Pertaining to a Proposed Initiative Statute Proposed by Arthur Apple and James Meeker (1996-17). Frederick W. Jones, Derrick Pickeral, Nancy L. Reubert, James Scott, Lori R. Williams, and James L. Brandon, Petitioners, v. Arthur […]

(291 P.2d 1064) S. L. LOSHBAUGH, ET AL. v. ALEX BENZEL. No. 17,569.Supreme Court of Colorado. Decided January 3, 1956. Action to quiet title to water right. From a decree for plaintiff the defendants bring error. Reversed and Remanded with Directions. 1. WATER RIGHTS — Adjudication — Ditches — Priority. In an adjudication proceeding to […]

(267 P.2d 247) BOOK ET AL. v. PADDOCK ET AL. No. 17,119.Supreme Court of Colorado. Decided February 15, 1954. Rehearing denied March 8, 1954. An action for damages resulting from an automobile truck accident. Judgment for plaintiffs. Affirmed. 1. APPEAL AND ERROR — Evidence — Fact Findings — Juries. In an action for damages resulting […]

The People of the State of Colorado, Complainant, v. Wayne A. Vander Vort, Attorney-Respondent. No. 95SA130Supreme Court of Colorado. May 22, 1995 Original Proceeding in Discipline ATTORNEY DISBARRED Page 543 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Wayne A. Vander Vort, Pro Se, Edina, Minnesota. EN BANC […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jose Delgado, Defendant-Appellant. No. 90CA0152Colorado Court of Appeals. Decided November 7, 1991. Rehearing Denied December 19, 1991. Certiorari Denied July 20, 1992 (92SC46). Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge. Page 972 Gale A. Norton, Attorney General, Raymond T. Slaughter, […]

Gregory John Olinyk, Petitioner, v. The People of the State of Colorado, Respondent. Harvey John Kosik, Petitioner, v. The People of the State of Colorado, Respondent. Levi Martinez, Petitioner, v. The People of the State of Colorado, Respondent. Nos. 81SC64, 81SC170 and 81SC224Supreme Court of Colorado. Decided February 8, 1982. No. 81SC64 Certiorari to the […]

245 P.2d 1167 FIELD v. SISTERS OF MERCY. No. 16,699.Supreme Court of Colorado. Decided June 16, 1952. Rehearing denied July 7, 1952. An action for damages for personal injuries. Judgment for defendant. Affirmed. 1. JUDGMENTS — Summary. An judgment of dismissal for failure to state a claim upon which relief can be granted may be […]

(610 P.2d 1359) The People of the State of Colorado v. John W. Reddick No. 79CA0079Colorado Court of Appeals. Decided May 8, 1980. Defendant appealed his conviction of second degree forgery. Reversed 1. CRIMINAL LAW — Trial Court — Not Advise Jury Panel — Inform Court — Possible Disqualification Reason — Until Panel Seated — […]

Ralph E. Palmer, Petitioner, v. The People of the State of Colorado, Respondent. No. 81SC159Supreme Court of Colorado. Decided April 23, 1984. Rehearing Denied May 21, 1984. Certiorari to the Colorado Court of Appeals J. Gregory Walta, Colorado State Public Defender, Terri L. Brake, Deputy State Public Defender, for respondent. J. D. MacFarlane, Attorney General, […]

183 P.2d 994 ESTATE OF FRANTZ. STATE OF COLORADO v. FRANTZ, ADMINISTRATOR. No. 15,645.Supreme Court of Colorado. Decided August 11, 1947. A proceeding involving the ruling of the district court on a motion of the executor of the estate of a deceased person to reinstate a cause which had been dismissed on appeal and remanded […]

(579 P.2d 1145) Prentice Joe Reliford v. The People of the State of Colorado No. C-1335Supreme Court of Colorado. Decided June 12, 1978. Rehearing denied July 3, 1978. Defendant was convicted of second-degree murder, the court of appeals, 39 Colo. App. 474, 568 P.2d 496, affirmed and certiorari was granted. Affirmed 1. CRIMINAL LAW — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Raul Osvaldo Aguirre, Defendant-Appellant. No. 90CA1087Colorado Court of Appeals. Decided March 12, 1992. Rehearing Denied April 30, 1992. Certiorari Denied October 26, 1992 (92SC355). Appeal from the District Court of Mesa County Honorable Nicholas R. Massaro, Judge Page 484 Gale A. Norton, Attorney General, Raymond T. […]

Jennerson Coston v. The People of the State of Colorado No. C-1485Supreme Court of Colorado. Decided August 10, 1981. Opinion modified and as modified rehearing denied September 21, 1981. Certiorari to the Colorado Court of Appeals Page 471 Agee, Ewing Goldstein, Peter A. Goldstein, for petitioner. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, […]

(526 P.2d 671) Judith H. Spurling v. Gary Spurling No. 74-050Colorado Court of Appeals. Decided September 10, 1974. Two years after entry of a divorce decree, defendant petitioned for a change of child custody pursuant to the terms of the Uniform Dissolution of Marriage Act. From a judgment denying that petition, defendant appealed. Affirmed 1. […]

Mountain States Telephone and Telegraph Company, a Colorado corporation, Petitioner, v. Industrial Commission of the State of Colorado, and Isaac P. Cabrera, Respondents. No. 83CA1304Colorado Court of Appeals. Decided February 7, 1985. Review of Order from the Industrial Commission of the State of Colorado Page 419 Eiberger, Stacy Smith, Perry L. Goorman, John A. Jostad, […]

The People of the State of Colorado, Plaintiff-Appellant, v. North Avenue Furniture and Appliance, Inc.; Harvey Townsley; Leo Lyland; and Harland Jacob, Defendants-Appellees. No. 80SA505Supreme Court of Colorado. Decided May 24, 1982. Appeal from the District Court of the County of Mesa, Honorable James J. Carter, Judge. Page 1292 J. D. MacFarlane, Attorney General, Richard […]

47 P.2d 686 STOKES v. KIRK. No. 13,516.Supreme Court of Colorado. Decided May 27, 1935. Rehearing denied July 1, 1935. Action in replevin. Judgment for plaintiff. Reversed. 1. CHATTEL MORTGAGES — Statements — Statutory Construction. Provisions of chapter 76, S.L. ’27, relating to chattel mortgages and the filing of statements concerning same, considered and the […]

William A. Savio, Plaintiff-Appellant, v. Travelers Insurance Company, Defendant-Appellee. No. 82CA0070Colorado Court of Appeals. Decided July 14, 1983. Petition for Rehearing Granted and Prior Opinion announced June 2, 1983, Withdrawn. Rehearing Denied August 4, 1983. Certiorari Granted March 5, 1984. Appeal from the District Court of El Paso County, Honorable Matt Railey, Judge. Page 550 […]

(568 P.2d 468) Perl-Mack Enterprises Co., a Colorado corporation v. The City and County of Denver, a municipal corporation No. 27463Supreme Court of Colorado. Decided September 6, 1977. Rehearing denied September 26, 1977. Action by plaintiff builder seeking a judgment declaring that a “Memorandum of Agreement” entered into with defendant city exempted them from a […]

(527 P.2d 806) The People of the State of Colorado v. Clarence Arnold No. 25938Supreme Court of Colorado. Decided October 29, 1974 Rehearing denied November 18, 1974. Defendant was convicted of possession of dangerous drugs and conspiracy to possess dangerous drugs and appealed. Affirmed 1. SEARCHES AND SEIZURES — Affidavit — Aguilar-Spinelli Test. Under th […]

STEVEN L. BARTON Petitioner, v. ADAMS RENTAL, INC., d/b/a ADAMS RENTAL AND SALES, Respondent. No. 95SC722Supreme Court of Colorado. June 2, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED Page 533 Edward L. Volpe, P.C., Edward L. Volpe, Denver, Colorado, Attorneys for Petitioner. Godfrey Associates, P.C., Peter Moyso, Denver, Colorado, […]

Sandra Best, Floyd R. Lephart, and Alex C. Tejada, Plaintiffs-Appellants, v. La Plata Planning Commission, The Board of County Commissioners, La Plata County, State of Colorado, and Sara Duncan, R.T. Scott, and Don Michael in their capacity as County Commissioners, Defendants-Appellees, and Rancho Durango, Ltd., Intervening Defendant-Appellee. No. 83CA1331Colorado Court of Appeals. Decided November 23, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Cheryel Kay Rhodes, Defendant-Appellee. No. 85SA378Supreme Court of Colorado. Decided December 22, 1986. Interlocutory Appeal from District Court, El Paso County Honorable Joe A. Cannon, Judge Barney Iuppa, District Attorney, Jeanne S. Bennett, Chief Deputy District Attorney, Robert Brown, Chief Deputy District Attorney, Daniel H. May, […]

495 P.2d 1146 John R. Hatfield v. The Civil Service Commission of the State of Colorado; Floyd Oliver, R. Y. Batterton, and Cy. J. Burress, Jr., Commissioners; and Harry R. Woodward, Director, Division of Game, Fish and Parks of the State of Colorado No. 71-007Colorado Court of Appeals. Decided April 4, 1972. Temporary suspension of […]

Paul Louis Martinez, Petitioner-Appellant, v. Robert Furlong, Superintendent, Respondent-Appellee. No. 94SA223Supreme Court of Colorado. Decided April 10, 1995 Appeal from the District Court, Lincoln County The Honorable Norman L. Arends, Judge. JUDGMENT AFFIRMED. Paul Louis Martinez, Pro Se, Cason City, Colorado. No Appearance by Respondent-Appellee. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. […]

The People of the State of Colorado, Petitioner, v. Ronald Steven Montgomery, Respondent. No. 82SC128Supreme Court of Colorado. Decided September 26, 1983. Rehearing Denied October 17, 1983. Certiorari to the Colorado Court of Appeals Page 1388 L. Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard Forman, Solicitor General, John Daniel Dailey, Assistant […]

In the Matter of the Estate of Edward Andrew Schleicher, a/k/a Edward A. Schleicher and Edward Schleicher, Deceased. John Mott, Personal Representative of the Estate of Edward Andrew Schleicher, Petitioner-Appellee, v. Ray Meier, Respondent-Appellant. No. 89CA0760Colorado Court of Appeals. Decided June 7, 1990. Appeal from the Probate Court of the City and County of Denver […]

Terry Trent Wilson, Petitioner, v. The People of the State of Colorado, Respondent. and The People of the State of Colorado, Petitioner, v. Terry Trent Wilson, Respondent. No. 83SC450 No. 83SC452Supreme Court of Colorado. Decided November 4, 1985. Rehearings Denied December 2, 1985. Certiorari to the Colorado Court of Appeals Page 793 David F. Vela, […]

Crested Butte South Metropolitan District, Plaintiff-Appellee, v. Thomas Dyke, Defendant-Appellant. No. 87CA0546Colorado Court of Appeals. Decided August 18, 1988. Appeal from the District Court of Gunnison County Honorable Thomas A. Goldsmith, Judge Page 1249 Roderick Landwehr, for Plaintiff-Appellee. Ranous, Stern Patrick, P. C., J. Steven Patrick, David M. Barton, for Defendant-Appellant. Division V. Opinion by […]

Margaret Dubois and Ronald W. Dubois, Plaintiffs-Appellants, v. Harry L. Myers, III, a/k/a Jack Myers and Kenna Croquart, Defendants-Appellees. No. 82CA0286Colorado Court of Appeals. Decided March 15, 1984. Opinion Modified, and as Modified Petition for Rehearing Denied April 19, 1984. Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge Page 941 […]

(483 P.2d 378) Vida Maye Dies, Special Administratrix of the Estate of Benjamin F. Dies v. The City and County of Denver, a Municipal Corporation; and Arthur Bowman, Ted Bach and Lawrence J. Perry, constituting the Duly appointed and Acting members of the Civil Service Commission for the City and County of Denver. No. 23215.Supreme […]

Cynthia Hunter, Plaintiff-Appellant, v. The Manager of Safety of The City and County of Denver, by and through its duly appointed representative, Elvin R. Caldwell; the Civil Service Commission of The City and County of Denver, by and through its Commissioners, Oswald C. Abernathy, Ted Bach, and William Cassell; and the City and County of […]

(286 P.2d 630) WILLIAM E. JOHNSON, ET AL v. CARL E. ENLOW, ET AL. No. 17,397.Supreme Court of Colorado. Decided July 11, 1955. Action for damages for false arrest against sheriff, his surety and others. Judgment for plaintiff against one defendant only and plaintiff brings error. Affirmed and Remanded With Directions. 1. SHERIFFS AND CONSTABLES […]

Quartz Creek Land Company, a Colorado general partnership, Petitioner, v. Coantha Childers, Respondent. No. 97SC414.Supreme Court of Colorado. En Banc. June 30, 1998. Certiorari to the Colorado Court of Appeals, 96CA0075. Prior Report: 946 P.2d 534. ORDER OF COURT [1] Upon Consideration of the Record on Appeal, together with the Written and oral Arguments of […]

Olson Plumbing and Heating, Inc. v. Douglas Jardine, Inc. No. 80CA0114Colorado Court of Appeals. Decided March 19, 1981. Page 751 Appeal from the District Court of El Paso County, Honorable John F. Gallagher, Judge. Gibson, Gerdes, Palmer Olson, William A. Palmer, for plaintiff-appellee. Rector, Retherford, Mullen Johnson, Anthony A. Johnson, for defendant-appellant. Division III. Opinion […]

(405 P.2d 948) Mae Stuckman v. June Kasal, Doing Business as Gamble Stores. No. 20896Supreme Court of Colorado. Decided September 27, 1965. Action for damages for personal injuries sustained while shopping in defendant’s store. From a judgment in her favor, plaintiff brings error contending that verdict was less than should have been awarded her. Affirmed. […]

The People of the State of Colorado, Petitioner, v. John C. Dement, Respondent. No. 81SC219Supreme Court of Colorado. Decided April 4, 1983. Certiorari to the Superior Court of Denver County Page 676 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 677 Dale […]

James Freilinger, Petitioner, v. Gates Rubber Company; The Industrial Commission of the State of Colorado; Director, Division of Labor, Respondents. No. 85CA1579Colorado Court of Appeals. Decided January 15, 1987. Review of Order from the Industrial Commission of the State of Colorado Page 1215 Douglas R. Phillips, for Petitioner. Glasman, Jaynes Carpenter, Ronald C. Jaynes, Susan […]

(551 P.2d 700) The Board of Land Commissioners of the Department of Natural Resources of the State of Colorado; Raymond H. Simpson, Tommy Neal and Robert McPhee, Commissioners v. The District Court of the Fourteenth Judicial District, in the County of Moffat, State of Colorado, and the Honorable Claus J. Hume, Judge No. 27140Supreme Court […]

Jefferson County Public Schools, Petitioner, v. Robin L. Dragoo and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 87CA1632Colorado Court of Appeals. Decided August 18, 1988. Rehearing Denied September 22, 1988. Certiorari Denied December 19, 1988 (88SC481). Review of Order from the Industrial Claim Appeals Office of the State of Colorado […]

(379 P.2d 153) THE COLORADO FUEL AND IRON CORPORATION v. THE INDUSTRIAL COMMISSION OF COLORADO, AND JOE TAMBURELLI No. 20,141.Supreme Court of Colorado. Decided November 5, 1962. Rehearing denied March 11, 1963. From a judgment affirming an award of total and permanent disability to an injured employee, the employer brings error. Affirmed. 1. WORKMEN’S COMPENSATION […]

Marvin H. Dare and Alice C. Dare v. Marvin L. Sobule No. 79CA1045Colorado Court of Appeals. Decided March 4, 1982. Rehearing denied March 25, 1982. Certiorari granted July 6, 1982. Appeal from the District Court of Jefferson County, Honorable Winston W. Wolvington, Judge. Page 170 Mallgren and Podoll, P.C., Richard B. Podoll, Robert C. Podoll, […]

Karen L. Morrison, Plaintiff-Appellee, v. Salida School District R-32-J, Chaffee County, Colorado, Defendant-Appellant. No. 83CA1064Colorado Court of Appeals. Decided December 20, 1984. Rehearing Denied January 17, 1985. Certiorari Granted June 10, 1985. Certiorari granted on following issues: Whether a referee’s finding in an unemployment compensation adjudication, which determined the reason for the teacher’s contract nonrenewal, […]

(368 P.2d 774) RAUL LEOPOLDO CRUZ v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,578.Supreme Court of Colorado. Decided February 5, 1962. Rehearing denied February 26, 1962. Defendant was convicted of aggravated robbery and conspiracy and brings error. Affirmed. 1. CRIMINAL LAW — Appeal and Error — Assignment of Errors — Form — Sufficiency. […]

In re the Marriage of: Dennis F. Thompson, Appellant, and Cynthia D. Thompson, Appellee. No. 81CA0867Colorado Court of Appeals. Decided September 16, 1982. Appeal from the District Court of Boulder County, Honorable Murray Richtel, Judge. Page 84 Warren B. Bosch, for appellant. Miller and Gray, P.C., Daniel C. Hale, for appellee. Division III. Opinion by […]

People v. Egbune No. GC98A13.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. May 12, 1999. Page 1169 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1170 [1] Attorney Regulation. The Presiding Disciplinary Judge and Hearing Board suspended respondent […]

Graphic Directions, Inc., a Colorado corporation, Plaintiff-Appellee, v. Robert L. Bush and F. Dennis Dickerson, Defendants-Appellants. No. 91CA0238Colorado Court of Appeals. Decided May 21, 1992. Rehearing Denied July 2, 1992. Certiorari Granted February 16, 1993 (92SC485). Petition for Writ of Certiorari Granted and the judgment of the court of appeals is vacated. The case is […]

15 P.2d 699 ILLINOIS BUILDING COMPANY v. PATTERSON. No. 12,372.Supreme Court of Colorado. Decided September 26, 1932. Action in replevin. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Change of Theory. A litigant in the Supreme Court will be confined to the position he assumed in the court below. 2. REPLEVIN — Burden. In […]

(261 P.2d 149) SMITH v. KENT OIL COMPANY. No. 17,036.Supreme Court of Colorado. Decided August 3, 1953. Rehearing denied September 14, 1953. An action on a promissory note. Judgment for plaintiff. Affirmed. 1. ACTIONS — Statute of Limitations — Dismissals. “The statute of limitations is not ground for motion to dismiss for failure to state […]

John Cerrone, Petitioner, v. The People of the State of Colorado, Respondent. Lawrence Goetz, Petitioner, v. The People of the State of Colorado, Respondent. No. 94SC150, 94SC351Supreme Court of Colorado. Decided June 30, 1995. Petition for Rehearing DENIED August 28, 1995. Page 46 Certiorari to the Colorado Court of Appeals. JUDGMENTS AFFIRMED. Page 47 Neil […]

ROBERT L. ASKEW, Petitioner, v. THE INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, SEARS ROEBUCK COMPANY, and ALLSTATE INSURANCE COMPANY, Respondents. No. 95SC489Supreme Court of Colorado. December 3, 1996 Page 1334 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED The Frickey Law Firm, Janet L. Frickey, Lakewood, Colorado, Jean […]

(481 P.2d 729) Charles Robert Mora v. The People of the State of Colorado. No. 23002.Supreme Court of Colorado. Decided February 22, 1971. Rehearing denied March 22, 1971. Defendant was convicted of possession of marijuana and brought error. Affirmed. 1. DRUGS AND DRUGGISTS — Marijuana — Testimony — Officer — Knew Defendant — Admissible — […]

David Hung MA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 04SC570.Supreme Court of Colorado. October 11, 2005. Page 206 Appeal from the District Court of the City and County of Denver, No. 01CR4924, B. Hoffman, J. Page 207 David S. Kaplan, Colorado State Public Defender, Rebecca R. Freyre, Deputy State Public […]

184 P.2d 476 WEST END IRRIGATION COMPANY ET AL. v. GARVEY, EXECUTOR ET AL. No. 15,543.Supreme Court of Colorado. Decided August 18, 1947. An action involving priorities of right to the use of water for irrigation and to enjoin diversion. Judgment for plaintiffs. Reversed. 1. WATER RIGHTS — Limitation of Actions — Statutes. The bar […]

Wigham Excavating Company, Plaintiff-Appellee, v. Colorado Federal Savings and Loan Association, n/k/a Bank Western, a federal savings bank, Defendant-Appellant. No. 88CA1330Colorado Court of Appeals. Decided February 22, 1990. Rehearing Denied April 12, 1990. Certiorari Denied September 4, 1990 (90SC270). Appeal from the District Court of Eagle County Honorable Richard H. Hart, Judge Page 24 Thomas […]

(346 P.2d 298) BARNEY KEAN, ET AL. v. WAYNE BROWN, ET AL. No. 18,384.Supreme Court of Colorado. Decided November 9, 1959. Rehearing denied November 30, 1959. Motion to vacate judgment entered on cognovit note. Motion denied. Reversed and Remanded With Directions. 1. TRIAL — Bills and Notes — Cognovit Note — Affidavit — Fraud. In […]

165 P.2d 663 WILSON ET AL. v. COLLINS ET AL. No. 15,700.Supreme Court of Colorado. Decided January 21, 1946. An action in the nature of mandamus to compel the State Board of Land Commissioners to advertise for bids before leasing state lands, and to enjoin it from leasing to anyone in any other manner. Judgment […]

Don V. Roberts, Trustee, Petitioner-Appellant, v. Board of Assessment Appeals of the State of Colorado, Appellee, and Jefferson County Board of Equalization, Respondent-Appellee. No. 93CA0757Colorado Court of Appeals. Decided September 8, 1994 Appeal from the Colorado State Board of Assessment Appeals No. 19704 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 589 Pamela J. Fair, […]

(262 P.2d 744) BAUER v. THOMPSON. No. 17,071.Supreme Court of Colorado. Decided October 26, 1953. An action to set aside a conveyance of real property, and quiet title thereto in plaintiff. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Larimer County, Hon. Claude C. Coffin, […]

Securcare Self Storage, Inc., a Colorado corporation and Amoco Oil Company, a Maryland corporation, Plaintiffs-Appellees, v. City of Colorado Springs, a Colorado municipal corporation; and the City of Colorado Springs Planning Commission; and the City Council of the City of Colorado Springs, Defendants-Appellants. No. 97CA1670Colorado Court of Appeals. December 10, 1998 Petition for Rehearing DENIED […]

(483 P.2d 1359) B. A. Smith and William S. Smith v. Robert E. Dorsey and Lenore M. Dorsey, H. B. Wolff, individually and doing business as H. B. Wolff Company, Floyd H. Miller, Albert A. Lanyon, Ruth N. Lanyon, and B H Investment Company, David L. Fox and Sylvia S. Fox No. 71-074 (Supreme Court […]

The State of Colorado; Colorado State University; Colorado State University Veterinary Teaching Hospital; Colorado State University College of Veterinary Medicine and Biomedical Sciences; Colorado State University College of Veterinary Medicine and Biomedical Sciences Veterinary Teaching Hospital; Dr. John Smith, D.V.M.; and Heidi Hamlin, Petitioners, v. Mary Beth Hartsough and Patrick J. Hartsough, Respondents. No. 88SC505Supreme […]

(389 P.2d 87) HATFIELD CHILSON, AS EXECUTOR OF THE ESTATE OF HELEN M. BONNELL, DECEASED, ETC., v. EDITH E. REED, ETC. No. 20,305.Supreme Court of Colorado. Decided February 3, 1964. Action by executor of estate to recover one-half of accounts under grain contracts. Judgment for defendant on counterclaim. Affirmed. 1. REFORMATION OF INSTRUMENTS — Contract […]

The Industrial Commission of the State of Colorado, Robert J. Ore, Executive Director, Department of Labor and Employment, and Turley Restaurant Enterprises, Inc., d/b/a The Good Earth Restaurant, employer, Petitioners, v. Lauri Riley, Respondent. No. 81SC80Supreme Court of Colorado. Decided November 1, 1982. Certiorari to the Colorado Court of Appeals Page 724 J. D. MacFarlane, […]

Subsequent Injury Fund, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Clarence Reed, Respondents. No. 93CA1786Colorado Court of Appeals. Decided September 22, 1994. Petition for Rehearing DENIED December 15, 1994. Petition for Writ of Certiorari DENIED July 27, 1995. Review of Order from the Industrial Claim Appeals Office of the […]

(474 P.2d 613) Pat’s Power Tongs, Inc., and State Compensation Insurance Fund v. Agnes Elizabeth Miller, Benjamin D. Miller, and Industrial Commission of Colorado. No. 24494.Supreme Court of Colorado. Decided September 21, 1970. Claimants filed claim for workmen’s compensation as a result of injuries received in automobile-train collision while on business trip. From judgment affirming […]

(560 P.2d 480) Loup-Miller Construction Co., a corporation; Loup-Miller, a partnership; Loup-Miller Management Co.; Crestmoor-Downs Co.; Natasha Corporation; Mizel Realty Co; First South Birch Company; First East Mexico Co.; Monaco Mortgage Co., a joint venture; F.I.G. Holding Co.; F.I.G. Holding Co. II; Corsican Apartments, a joint venture; High Country Apartments, a joint venture; House of […]

In re: Heather C. Wesp, Plaintiff, v. David E. Everson, as personal representative of the Estate of Frank T. Brewer, and as personal representative of the Estate of Cheryl A. Brewer, Defendant. Nos. 01SA98 01SA100Supreme Court of Colorado. October 15, 2001. Original Proceeding Pursuant to C.A.R. 21 Elbert County District Court, Case No. 98CV111 Honorable […]

International Society for Krishna Consciousness, Inc., a Colorado corporation; Jack Lawrence Mahoney, also know as Kurusretha, and Steven Norman Schechter, also known as Siddhanta, Plaintiffs-Appellants, v. The Colorado State Fair and Industrial Exposition Commission; Charles L. Thomson, Charles E. Kirk, Norval M. Anderson, Tom Haddass, Marelynn Zipser, Robert C. Norris, Dan Luna, Harry E. Green, […]

(489 P.2d 324) Eugene O. Bird v. City of Colorado Springs, City Council of the City of Colorado Springs, and T. Eugene McCleary, Betty F. Krouse, Lawrence D. Ochs, William H. Becker, James K. Johnson, Harold Hawks, Carl F. Andrews, George F. Pfalmer and Andrew Marshall, Jr., as Councilmen of Said City Council. No. 23701Supreme […]

(269 P.2d 1074) LA FLEUR v. LA FLEUR. No. 17,178.Supreme Court of Colorado. Decided April 26, 1954. An action for divorce and alimony. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Jefferson County, Hon. Harold H. Davies, Judge. Mr. ISAAC MELLMAN, Mr. GERALD N. MELLMAN, […]

(360 P.2d 423) FREDERICK W. SEGELKE v. GLENN E. KILMER, ET AL. No. 19,019.Supreme Court of Colorado. Decided March 6, 1961. Rehearing denied April 3, 1961. Action to reform deeds with respect to entireties clause of oil and gas lease. Decree for reformation. Reversed. 1. RESTORATION OF INSTRUMENTS — When Granted — Evidence. Changing the […]

In Re Proposed Initiative Bingo-Raffle Licensees (I) Mark W. Meyer, A Registered Elector of the State of Colorado, Petitioner, and Larry Carroll and Charles P. Smith, Respondents, and Victoria Buckley, Stephen Erkenbrack, and Rebecca Lennahan, Title Setting Board. In Re Proposed Initiative Bingo-Raffle Licensees (II) Mark W. Meyer, A Registered Elector of the State of […]

127 P.2d 878 MATTIVI v. STATE COMPENSATION INSURANCE FUND ET AL. No. 15,159.Supreme Court of Colorado. Decided June 29, 1942. A proceeding under the Workmen’s Compensation Act. The ruling of the Industrial Commission and judgment of the district court were adverse to claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Commission Awards — Appeal and Error. If […]

109 P.2d 265 RUSH v. LUNG SANITARIUM ET AL. No. 14,729.Supreme Court of Colorado. Decided November 12, 1940. Action involving change of venue from a justice of the peace court. Change granted to a justice in another county who rendered judgment for plaintiff. On appeal to the county court the case was dismissed. Judgment Modified […]

The People of the State of Colorado, Plaintiff-Appellee, v. Darrell Roelker, Defendant-Appellant. No. 87CA0579Colorado Court of Appeals. Decided March 30, 1989. Rehearing Denied April 6, 1989. Certiorari Granted September 5, 1989 (89SC274). Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Page 18 Duane Woodard, Attorney General, Charles B. Howe, Chief […]

National Western Life Insurance Company, a Colorado corporation, successor in interest to Hamilton National Life Insurance Company, an Indiana corporation, Plaintiff, v. Betty Jo Schmeh, formerly known as Betty Jo Napper, Defendant-Appellant, and Gloria Napper, Defendant-Appellee. No. 85CA1596Colorado Court of Appeals. Decided August 20, 1987. Rehearing Denied September 24, 1987. Certiorari Granted Napper February 1, […]

Phillip George, Petitioner, v. The Industrial Commission of the State of Colorado, Department of Labor and Employment, Ince Mining Company, and State Compensation Insurance Fund, Respondents. No. 84CA0568Colorado Court of Appeals. Decided January 30, 1986. Rehearing Denied March 20, 1986. Certiorari Granted George June 2, 1986 (86SC112). Certiorari Dismissed as Improvidently Granted March 12, 1987. […]

120 P.2d 814 McPHEE v. THE PEOPLE. No. 14,945.Supreme Court of Colorado. Decided December 1, 1941. Rehearing denied December 22, 1941. Plaintiff in error was convicted of the crime of larceny. Cause Remanded With Directions. 1. CRIMINAL LAW — Witnesses — Defendant. Where the defendant in a criminal case does not testify at the trial, […]

(526 P.2d 153) Edna Jones v. Durward Adkins and National Plumbing Company No. 73-161Colorado Court of Appeals. Decided July 2, 1974. Rehearing denied July 23, 1974. Certiorari denied September 23, 1974. As a result of accident involving truck, plaintiff secured negligence action judgment against installment purchasers of that truck, and in exchange for a covenant […]

Russ E. Verrier, Plaintiff-Appellant, v. Colorado Department of Corrections; John W. Suthers, Executive Director; Mary West, Deputy Director; Jerry Gasko, Deputy Director; and Edd C. Gillespie, Grievance Officer, Defendants-Appellees. Nos. 01CA1803 01CA2306.Colorado Court of Appeals. Division IV. July 31, 2003. El Paso County District Court No. 01CV791; Honorable Richard V. Hall, Judge. JUDGMENT AFFIRMED. Page […]

(615 P.2d 37) J. Dudley Abbott, Jr. and Sandstone 70 Corporation, a Colorado corporation v. Duane L. Lucas, Frank B. Day, Mrs. Frank B. Day, and International Investments, Ltd., a Colorado corporation No. 78-513Colorado Court of Appeals. Decided September 14, 1978. Opinion modified and as modified petition for rehearing denied November 16, 1978. Certiorari granted […]

The Brickman Group, Ltd., a Delaware corporation, Plaintiff-Appellant, v. Compass Bank, Defendant-Appellee. No. 02CA1645.Colorado Court of Appeals. July 31, 2003. Certiorari Granted February 2, 2004 City and County of Denver District Court Nos. 00CV5692 00CV7798; Honorable Robert L. McGahey, Jr., Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 1168 Baker Hostetler, LLP, Laurin D. […]