Category: Colorado Court Opinions

45 P.2d 899 NEIGHBORS OF WOODCRAFT v. HILDEBRANDT. No. 13,713.Supreme Court of Colorado. Decided May 6, 1935. On motion to dismiss writ of error. Motion Denied. 1. PRACTICE AND PROCEDURE — Judgment — Motion for New Trial. Entry of judgment does not work denial of the right of the defeated litigant to file a motion […]

In re the MARRIAGE OF Carl E. HATTON, Jr., Appellee, and Julie A. Hatton, Appellant. No. 05CA0469.Colorado Court of Appeals. March 8, 2007. Appeal from the District Court, El Paso County, Rebecca S. Bromley, J., Page 327 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

(348 P.2d 397) FRED B. MOBLEY v. JAMES AUSTIN CARTWRIGHT. No. 18,614.Supreme Court of Colorado. Decided January 18, 1960. Action for damages resulting from automobile collision. Judgment for defendant. Affirmed. 1. NEW TRIAL — Verdict — Record — Failure to Stand — Effect. Where motion for a new trial is granted following a verdict for […]

(401 P.2d 259) GLEN TROY BALLTRIP v. THE PEOPLE OF THE STATE OF COLORADO. No. 20562.Supreme Court of Colorado. Decided April 26, 1965. Defendant was convicted of second degree murder and brought error. Affirmed. 1. CRIMINAL LAW — Bills of Particulars — Discretion of Court — Writ of Error — Abuse of Discretion. It is […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas Dean BROWN, Defendant-Appellant. No. 02CA2395.Colorado Court of Appeals. June 3, 2004. Rehearing Denied August 5, 2004. Certiorari Denied March 28, 2005. Appeal from the District Court of Mesa County, No. 01CR1059, Amanda D. Bailey, J. Page 487 Ken Salazar, Attorney General, Jennifer M. Smith, Assistant […]

The People of the State of Colorado, Complainant, v. William V. Crossman, Jr., Attorney-Respondent. No. 93SA49Supreme Court of Colorado. Decided April 19, 1993. Original Proceeding in Discipline Page 709 Linda Donnelly, Disciplinary Counsel, Sandara J. Pfaff, Assistant Disciplinary Counsel, for Complainant. Jeffrey A. Springer, for Respondent. EN BANC PER CURIAM. [1] The respondent in this […]

PMI Mortgage Insurance Co., an Arizona corporation, Plaintiff-Appellant, v. Deseret Federal Savings and Loan, a federally authorized savings and loan association, and Deseret Pacific Mortgage, Inc., a Utah corporation, Defendants-Appellees. No. 86CA0271Colorado Court of Appeals. Decided June 30, 1988. Appeal from the District Court of Arapahoe County Honorable George B. Lee, Jr., Judge Page 1157 […]

City of Lakewood, Colorado, a municipal corporation, and James K. Spore, Zoning Administrator and Superintendent of Code Enforcement v. Colfax Unlimited Association, Inc., a nonprofit corporation; Aubrey and Margaret K. Daedlow d/b/a Golden Hours Motel, a proprietorship; Gordon Neon Company, a corporation; Washburn Enterprises, Inc. d/b/a Trailerland, a corporation; Levitz Furniture Company of the Midwest, […]

IN THE MATTER OF THE TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, AND SUMMARY PERTAINING TO THE PROPOSED TOBACCO TAX AMENDMENT 1994, PAT R. STEALEY, Petitioner, and ARNOLD LEVINSON and MARIANNE R. NEIFERT, Respondents, and NATALIE MEYER, STEPHEN ERKENBRACK, and REBECCA LENNAHAN, Title Setting Board. No. 93SA345Supreme Court of Colorado. Decided April 18, 1994 Original Proceeding […]

(338 P.2d 684) BENEDICTO DYONISIO v. ROBERT H. McWILLIAMS, JUDGE, ET AL. No. 18,945.Supreme Court of Colorado. Decided April 27, 1959. Rehearing denied May 18, 1959. Original proceeding in prohibition to restrain trial court from proceeding in attachment action. Rule to show cause issued. Rule Discharged. 1. PROHIBITION — Attachment — Court — Jurisdiction — […]

(528 P.2d 382) The People of the State of Colorado v. Kenneth Steve Eades, a/k/a “Kenny” No. 25969Supreme Court of Colorado. Decided November 25, 1974. Defendant was convicted of dispensing a dangerous drug and appealed. Affirmed 1. CRIMINAL LAW — Appeal — Court — View — Evidence — Supportive — Verdict. Supreme Court, on appeal […]

Qual-Med, Inc., Plaintiff-Appellant, v. Rocky Mountain Hospital and Medical Service d/b/a Blue Cross and Blue Shield of Colorado, Defendants-Appellees. No. 94CA0924Colorado Court of Appeals. Decided June 29, 1995 Rehearing Denied August 17, 1995 Petition for Writ of Certiorari DENIED April 1, 1996 Appeal from the District Court of the City and County of Denver Honorable […]

(463 P.2d 880) The People of the State of Colorado v. Robert H. Kiley. No. 24104.Supreme Court of Colorado. Decided September 29, 1969. Original proceedings in discipline. Respondent Disbarred. 1. ATTORNEYS AT LAW — Forgery — Signature of Client — Check — Conversion of Proceeds — Disbarred. Attorney — who forged signature of his client […]

Champion Auto Body and Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Angel Gallegos, Respondents. No. 97CA0199Colorado Court of Appeals. November 13, 1997 Petition for Rehearing DENIED January 2, 1998 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. […]

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. […]

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, […]

(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, […]

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 […]

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. […]

Fred Moreno, Surety-Petitioner in 87SC407, and Concerning Irma Maestas, Defendant in 87SC407, v. The People of the State of Colorado, Respondent in 87SC407, and The People of the State of Colorado, Petitioner in 87SC412, v. Leslie Jean Stonehart, Defendant in 87SC412, and Concerning Dianne Wimberly, Surety-Respondent in 87SC412. No. 87SC407 No. 87SC412Supreme Court of Colorado. […]

(398 P.2d 965) THEODORE ROOSEVELT AGENCY, INC., v. GENERAL MOTORS ACCEPTANCE CORPORATION. No. 20884.Supreme Court of Colorado. Decided January 4, 1965. Rehearing denied February 23, 1965. Action by assignee of various retail automobile installment sales contracts against purchaser of those contracts pertaining to applicability of money lending statute. From a summary judgment in favor of […]

(510 P.2d 315) The People of the State of Colorado v. Edward George Smith No. C-244Supreme Court of Colorado. Decided April 9, 1973. Defendant was convicted in the county court of “driving under the influence,” 1969 Perm. Supp., C.R.S. 1963, 13-5-30(1)(a). On appeal district court reversed defendant’s conviction on ground that county court erred in […]

The People of the State of Colorado, Plaintiff-Appellee, v. Theodore K. Coolidge, Defendant-Appellant. No. 96CA1108Colorado Court of Appeals. September 25, 1997 Petition for Writ of Certiorari DENIED. EN BANC April 13, 1998. Appeal from the District Court of Jefferson County, Honorable Henry E. Nieto, Judge, No. 95CR2246 JUDGMENT AND SENTENCE AFFIRMED Page 950 Gale A. […]

(252 P.2d 1070) INDUSTRIAL COMMISSION ET AL. v. DUNCAN. No. 16,932.Supreme Court of Colorado. Decided January 19, 1953. Rehearing denied February 9, 1953. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. PER CURIAM. Judgment affirmed en banc without written opinion. Mr. DUKE W. DUNBAR, Attorney General, Mr. H. LAWRENCE HINKLEY, Deputy, Mr. PETER […]

169 P.2d 174 DENVER EQUIPMENT COMPANY v. NEWELL. No. 15,482.Supreme Court of Colorado. Decided April 29, 1946. An action for damages resulting from an automobile collision. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Traffic Regulations — Right-of-way — Negligence. The driver of an automobile who insists upon the exercise of his right-of-way — to which […]

Cottonwood Farms, a Colorado general partnership, and Colorado Rock Company, a Colorado corporation, Plaintiffs-Appellants, v. The Board of County Commissioners of the County of Jefferson, Colorado, and The State of Colorado, Defendants-Appellees. No. 84CA1003Colorado Court of Appeals. Decided May 1, 1986. Rehearing Denied May 29, 1986. Certiorari Granted Cottonwood September 29, 1986 (86SC218). Certiorari granted […]

Craig M. Duncan and Valerie L. Duncan, Plaintiffs-Appellees, v. National Home Insurance Company, a Risk Retention Group, Defendant-Appellant. No. 00CA1346Colorado Court of Appeals. September 27, 2001 Douglas County District Court No. 00CV145 Honorable Thomas J. Curry, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Ney and Casebolt, JJ., concur Godin Baity, LLC, Steven […]

(236 P.2d 540) MOREAU v. BUCHHOLZ ET AL. No. 16,356.Supreme Court of Colorado. Decided October 1, 1951. A proceeding in adoption involving the question of abandonment of a minor child by its father. The trial court determined and adjudged that the father had abandoned said child prior to the commencement of the proceeding in the […]

Wayne L. Clark, Jr. Elsa H. Clark, Rose C. Snyder and Hattie A. Myers v. The Town of Estes Park, Colorado, a Municipal corporation No. 80CA0871Colorado Court of Appeals. Decided May 6, 1982. Rehearing denied June 3, 1982. Certiorari granted November 22, 1982. Appeal from the District Court of Larimer County, Honorable Robert Miller, Judge. […]

81 P.2d 760 ROSENBAUM v. CITY AND COUNTY OF DENVER. No. 14,164.Supreme Court of Colorado. Decided July 11, 1938. Plaintiff in error was found guilty of violating an ordinance of the City and County of Denver which prohibits dealers in automobiles from doing business on Sundays and holidays. Affirmed. 1. SUNDAY — Municipal Ordinances — […]

(558 P.2d 441) Mary Esther Santiago v. The People of the State of Colorado No. C-1027Supreme Court of Colorado. Decided January 3, 1977. Defendant was convicted of unlawfully selling, and conspiring to sell, a narcotic drug. The court of appeals, 38 Colo. App. 3, 554 P.2d 710, affirmed and certiorari was granted. Reversed 1. DRUGS […]

(372 P.2d 946) ALTA J. ALLISON v. WILLIAM J. ALLISON. BARBARA JEAN FREEMAN v. WILLIAM DALTON FREEMAN. No. 20,128, and 20,229.Supreme Court of Colorado. Decided July 2, 1962. From judgments holding awards of counsel fees in divorce actions dischargeable in bankruptcy, the plaintiffs bring error. Reversed. 1. DIVORCE — Counsel Fees — Allowance — Character. […]