Category: Colorado Court Opinions

(482 P.2d 407) Ellen K. MacReynolds v. William L. MacReynolds No. 70-140Colorado Court of Appeals. Decided March 2, 1971. Permanent orders rendered in divorce action awarded substantially less permanent alimony than had been awarded by the temporary orders. Defendant-wife appealed. Affirmed 1. DIVORCE — Temporary Orders — Not — Res Judicata — Permanent Orders — […]

(286 P.2d 635) LILA BIRKHEAD v. PUBLIC EMPLOYES’ RETIREMENT BOARD, ET AL. No. 17,623.Supreme Court of Colorado. Decided July 25, 1955. Action for a declaratory judgment to determine plaintiff’s right to status in public employes’ retirement association. Judgment for defendants. Affirmed. Error to the District Court of the City and County of Denver, Hon. Joseph […]

Jason G. MOUNKES, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado and Sears Roebuck Co., Respondents. No. 09CA2725.Colorado Court of Appeals. June 10, 2010. Rehearing Denied July 8, 2010. Page 486 Hassler Law Firm, LLC, Lawrence D. Saunders, Pueblo, Colorado, for Petitioner. John W. Suthers, Attorney General, A.A. Lee Hegner, Assistant Attorney […]

163 P.2d 199 KEVELIN v. SULLIVAN AND OTHERS AS CIVIL SERVICE COMMISSIONERS ET AL. No. 15,399.Supreme Court of Colorado. Decided October 29, 1945. Action by a state employee to enforce her restoration to a position under the jurisdiction of the Civil Service Commission, and to recover compensation. Judgment for defendants. Affirmed. 1. CIVIL SERVICE — […]

Ola Halliburton, Virgil Halliburton, and Eddie Owens, Plaintiffs-Appellees, and Glen Falls Insurance Company, Plaintiff-Intervenor-Appellee, v. Public Service Company of Colorado, a Colorado corporation, Defendant-Appellant. No. 88CA1368Colorado Court of Appeals. Decided June 28, 1990. Rehearing Denied July 26, 1990. Certiorari Denied January 28, 1991 (90SC497). Appeal from the District Court of the City and County of […]

James R. Willer, Plaintiff-Appellant and Cross-Appellee, v. The City of Thornton, a municipal corporation, Defendant-Appellee and Cross-Appellant. No. 90SA211Supreme Court of Colorado. Decided September 16, 1991. Appeal from the District Court, Adams County Honorable Harlan R. Bockman, Judge. Page 515 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

Winston Financial Group, Inc., a Colorado corporation, and William D. Winston, Plaintiffs-Appellees, v. Fults Management, Incorporated, a Colorado corporation, and John Hancock Mutual Life Insurance Company, Defendants-Appellants. No. 92CA1858Colorado Court of Appeals. Decided January 13, 1994. Rehearing Denied March 3, 1994. Appeal from the District Court of the City and County of Denver Honorable R. […]

(457 P.2d 393) Richard A. Hyde v. Rose L. Hyde. No. 23639.Supreme Court of Colorado. Decided July 22, 1969. Rehearing denied August 25, 1969. Action in divorce. From judgment of trial court which made division of property and awarded permanent alimony to ex-wife, ex-husband brought error. Affirmed. 1. DIVORCE — Alimony — Division of Property […]

55 P.2d 1337 PAPAS v. THE PEOPLE. No. 13,836.Supreme Court of Colorado. Decided February 24, 1936. Rehearing denied March 23, 1936. Plaintiff in error was convicted of the crime of perjury. Affirmed. 1. ADJUDICATED CASES — Criminal Law — Perjury. Judgment affirmed on authority of Papas v. People, 98 Colo. 306. Error to the District […]

(548 P.2d 133) City of Thornton, and Division of State Compensation Insurance Fund v. George Teeter, and Industrial Commission of Colorado No. 75-561Colorado Court of Appeals. Decided March 11, 1976. Workmen’s compensation claim presented issue of whether social security credit against workmen’s compensation benefits due claimant operated to lessen total amount of benefits claimant might […]

Glenn TURBYNE, Petitioner v. The PEOPLE of the State of Co., Respondent. No. 06SC21.Supreme Court of Colorado. January 16, 2007. Rehearing Denied February 5, 2007. Appeal from the District Court, Arapahoe County, Michael Spear, J. Page 564 Isaacson Rosenbaum, P.C., Shawn Gillum, William W. Hood III, Blain D. Myhre, Denver, Colorado, Attorneys for Petitioner. Carol […]

(473 P.2d 175) Katherine E. Getz v. William S. Glassner No. 70-256 (Supreme Court No. 23052)Colorado Court of Appeals. Decided May 19, 1970. Rehearing denied June 9, 1970. Certiorari denied August 27, 1970. Action for damages for personal injuries suffered by plaintiff when car in which she was a passenger stalled on a busy, divided […]

In re Jeffrey Shawn REGAN and Kerrie Marie Regan, Debtors. Fowler Peth, Inc., a Wyoming corporation, Plaintiff-Appellant, v. Jeffrey Shawn Regan and Kerrie Marie Regan, Defendants-Appellees. No. 06SA286.Supreme Court of Colorado. February 5, 2007. As Modified on Denial of Rehearing February 26, 2007.[*] [*] Justice Rice, Justice coats and Justice Eid would have granted the […]

DONALD BUICK; MAD VENTURES, LTD.; SORRELL HILLS DEVELOPMENT CORP.; and LOT 6 AT CASTLE PEAK RANCH RLLP, v. HIGHLAND MEADOW ESTATES AT CASTLE PEAK RANCH, INC., a non-profit corporation; JOHN PRINGLE; PAUL KOZE; JERRY DILLON; and GRETTA PARKS. No. 99SC810Supreme Court of Colorado. April 16, 2001 Certiorari to the Colorado Court of Appeals Court of […]

Robert C. Rifkin, Gerald N. Kernis, Gary S. Kortz and The Boiler Room, Inc., a Colorado corporation, Plaintiffs-Appellees and Cross-Appellants, v. Steele Platt, Fas-Wok, Inc., a Colorado corporation, Tropic-Isle Cafe, Inc., a Colorado corporation, Island Bay Juice Company, a Colorado corporation and Wall Street Bar and Grill, Inc., a Colorado corporation, Defendants-Appellants and Cross-Appellees. No. […]

Midwest Mutual Insurance Company, Plaintiff-Appellee, v. Denise Marie Titus, Mary Dureal Titus, Verle Eugene Titus, David M. Johnson, Guardian Ad Litem for Denise Titus, Penrose-Saint Francis Healthcare Systems, and Department of Social Services, State of Colorado, Defendants-Appellants. No. 92CA0083Colorado Court of Appeals. Decided February 11, 1993. Appeal from the District Court of El Paso County […]

(476 P.2d 1004) Paul Schneider and Charles E. Vitt d/b/a The Parkway Inn v. Paul Pinnt. No. 22808.Supreme Court of Colorado. Decided November 30, 1970. Rehearing denied December 7, 1970. Action by patron against owner and manager of tavern for damages for negligence in failing to reasonably protect him from being assaulted during a tavern […]

The Board of the County Commissioners of the County of Arapahoe, and Union Park Water Authority, Applicants-Appellants/Cross-Appellees, v. Crystal Creek Homeowners’ Association; Milton Graves, Charles Hubbard, and Nancy Williams, Trustees, Objectors-Appellees/Cross-Appellants, and Colorado River Water Conservation District; Upper Gunnison River Water Conservancy District; United States of America; Henry J. Berryhill, Jr.; Board of County Commissioners […]

187 P.2d 392 SWEATMAN v. CHRISTMAN. No. 15,788.Supreme Court of Colorado. Decided November 24, 1947. An action for the possession of real property and for damages. Judgment for defendant. PER CURIAM. Judgment affirmed in department without written opinion, MR. CHIEF JUSTICE BURKE, MR. JUSTICE STONE and MR. JUSTICE HAYS, participating. Error to the District Court […]

Albert R. Rich, Marilyn H. Rich, Wilson W. Henderson, Margaret E. Henderson, Francis G. Heathman, Judy A. Heathman, Robert I. Brown, Mary S. Brown, Robert L. Hunt, Sally L. Hunt, Derrell Moran, and Dorothy Moran, Plaintiffs-Appellees, v. City of Englewood, a municipal corporation, Defendant-Appellant. No. 81CA0497Colorado Court of Appeals. Decided June 17, 1982. Rehearing denied […]

May Department Stores Company and May Stores Shopping Center, Inc., Plaintiffs-Appellants, v. University Hills, Inc., Defendant-Appellee. No. 90CA1696Colorado Court of Appeals. Decided November 21, 1991. Rehearing Denied December 19, 1991. Appeal from the District Court of the City and County of Denver Honorable William G. Meyer, Judge. Page 101 Law Office of Kent L. Yarbrough, […]

Leon S. Freeman, Jr., Plaintiff-Appellant, v. The Rost Family Trust, and Randy Rost, as Trustee for the Rost Family Trust, Defendants-Appellees. No. 97CA2123Colorado Court of Appeals. February 4, 1999 Appeal from the District Court of Jefferson County, Honorable Henry E. Nieto, Judge, No. 96CV2263 Page 1282 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 1283 […]

187 P.2d 597 PARRISH ET AL. v. DE REMER ET AL. No. 15,573.Supreme Court of Colorado. Decided November 3, 1947. Rehearing denied December 8, 1947. An action to recover judgment for moneys expended by plaintiffs in connection with litigation, and satisfaction of judgments obtained against them for damages for personal injuries resulting from an automobile […]

Sherry Lynn Muniz, f/k/a Sherry Lynn Hutcheson, Plaintiff-Appellant, v. Barbara White, as Personal Representative of the Estate of Helen Everly, Deceased, Defendant-Appellee. No. 97CA0777Colorado Court of Appeals. September 3, 1998 Rehearing Denied October 15, 1998. Certiorari Granted June 28, 1999.[*] [*] Justice SCOTT does not participate. Page 24 Appeal from the District Court of Boulder […]

Emil Magliocco, Jr., Plaintiff-Appellant and Cross-Appellee, v. Olga Olson, as Guarantor, Defendant, and Thomas R. Olson, d/b/a The Comfort King, Defendant-Appellee and Cross-Appellant. No. 84CA1167Colorado Court of Appeals. Decided December 17, 1987. Rehearing Denied February 4, 1988. Certiorari Denied October 11, 1988 (88SC97). Appeal from the District Court of the City and County of Denver […]

MEADOW HOMES DEVELOPMENT CORP., a Colorado corporation, Counterclaim Plaintiff-Appellee, v. Ronald R. BOWENS, Counterclaim Defendant-Appellant. No. 08CA1476.Colorado Court of Appeals. May 28, 2009. Page 744 Appeal from the District Court, Adams County, Donald W. Marshall, J. Page 745 Berenbaum, Weinshienk Eason, P.C., Larry R. Martinez, Robin L. Nolan, Denver, Colorado, for Counterclaim Plaintiff-Appellee. Campbell Killin […]

Nicki M. SNIEZEK and F.A.C.E. Trading, Inc., d/b/a Face Card Promotions, a Wisconsin corporation, Plaintiffs-Appellants, v. COLORADO DEPARTMENT OF REVENUE and Colorado Liquor Enforcement Division, Defendants-Appellees. No. 03CA2116.Colorado Court of Appeals. Division III. May 5, 2005. Appeal from the District Court, City and County of Denver, Robert L. McGahey, Jr., J. Page 1281 James R. […]

In the Matter of the ESTATE OF Marian P. KLARNER, Deceased-Impartial. Carol Shirley and Linda Turnwall, Appellants, v. Katz, Look Moison, P.C., Appellee, and Arthur L. Daley and Denis F. Daley, Trustees-Appellees. No. 02CA2077.Colorado Court of Appeals. Division III. November 20, 2003. As Modified on Denial of Rehearing March 11, 2004. Certiorari Granted October 4, […]

In re the Marriage of Timothy D. Garst, Appellant, and Jessica Garst, n/k/a Jessica Godfrey, Appellee. No. 97CA0712Colorado Court of Appeals. March 19, 1998 Appeal from the District Court of Jefferson County, Honorable Frank Plaut, Judge, No. 95DR2395 ORDER AFFIRMED Page 1057 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

M. Grant v. Annie Bell Oten No. 79CA0504Colorado Court of Appeals. Decided March 26, 1981. Page 765 Appeal from the District Court of the City and County of Denver, Honorable Leonard P. Plank, Judge. Peter Razatos, James M. DeRose, for plaintiff-appellant. Caskins, and Chanzit, William J. Caskins, Jr., for defendant-appellee. Division II. Opinion by JUDGE […]

(371 P.2d 266) MARY A. MARTIN v. PUBLIC EMPLOYEES’ RETIREMENT BOARD. No. 19,815.Supreme Court of Colorado. Decided May 7, 1962. Claim by widow of deceased state employee for survivor’s benefits, Judgment for defendant. Affirmed. 1. PENSIONS — Survivor’s Benefits — Statute — Construction. In determining the status of a widow of a disability retiree under […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mark W. MALLOY, Defendant-Appellant. No. 05CA1344.Colorado Court of Appeals. January 10, 2008. Appeal from the District Court, Jefferson County, Christopher J. Munch, J. Page 1284 John W. Suthers, Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado State Public Defender, […]

53 P.2d 596 WOOLSEY v. THE PEOPLE. No. 13,659.Supreme Court of Colorado. Decided November 25, 1935. Rehearing denied January 13, 1936. Plaintiff in error, an officer and director of a banking institution, was convicted of assenting to the reception of a deposit in the bank when it was insolvent, with full knowledge of such insolvency. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ronald Lee Smith, Defendant-Appellant. No. 91CA1975Colorado Court of Appeals. Decided January 27, 1994. Rehearing Denied March 24, 1994. Petition for Writ of Certiorari DENIED October 11, 1994. Appeal from the District Court of the City and County of Denver Honorable J. Stephen Phillips, Judge, Honorable Winston […]

(395 P.2d 356) KENNETH A. HERON v. THE CITY OF ENGLEWOOD, ET AL. No. 20670.Supreme Court of Colorado. Decided September 21, 1964. Action to invalidate an assessment for a special improvement tax levied by city. From an adverse judgment taxpayer brought error. Affirmed. 1. MUNICIPAL CORPORATIONS — Dedication — Street — Public Use — Assessment […]

(238 P.2d 196) CONTINENTAL CASUALTY COMPANY ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 16,681.Supreme Court of Colorado. Decided September 24, 1951. Rehearing denied December 3, 1951. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Evidence — Appeal and Error. Where, in a workmen’s compensation case, there is […]

(238 P.2d 853) SEXTON v. THE PEOPLE. No. 16,578.Supreme Court of Colorado. Decided October 29, 1951. Rehearing denied November 19, 1951. Plaintiff in error was found guilty of aggravated robbery. Affirmed. 1. CRIMINAL LAW — Evidence. This case ruled by the decision in Brown v. People, 124 Colo. 412. Error to the District Court of […]

43 P.2d 1003 INTERNATIONAL TRUST COMPANY, EXECUTOR v. RODEWALD. No. 13,200.Supreme Court of Colorado. Decided March 18, 1935. Rehearing denied April 22, 1935. Suit on promissory note. Judgment for defendant. Reversed. 1. MERGER — Presumption. Mergers are presumed when equity demands, otherwise not. 2. EXECUTORS AND ADMINISTRATORS — Presumption. Courts will not presume that an […]

The People of the State of Colorado, Plaintiff-Appellant, v. Dorothy W. Thurman; James C. Thurman; and Penny Kay Tyler, Defendants-Appellees. No. 88SA251Supreme Court of Colorado. Decided March 5, 1990. Appeal from District Court El Paso County Honorable David D. Parrish, Judge Page 647 John Suthers, District Attorney, David L. Geislinger, Deputy District Attorney, for Plaintiff-Appellant. […]

(470 P.2d 864) Colorado Department of Revenue and John H. Heckers, Executive Director of said Department v. The District Court in and for the County of Adams, the Honorable Jean J. Jacobucci, District Judge and Robert Darl Forbes. No. 24747.Supreme Court of Colorado. Decided June 22, 1970. Original proceeding directed to respondents for rule to […]

Western Cities Broadcasting, Inc., Petitioner, v. William J. Schueller d/b/a Eldorado Communications, Respondent. No. 91SC790Supreme Court of Colorado. Decided March 29, 1993. Rehearing Denied April 19, 1993. Certiorari to the Colorado Court of Appeals. Page 45 Astrella Rice, P.C., Lance Astrella, T.R. Rice, for Petitioner. Cantrick and Rees, P.C., David K. Rees, for Respondent. EN […]

The People of the State of Colorado, Plaintiff-Appellant, v. Donald Eugene Thompson, Defendant-Appellee. No. 87SA471Supreme Court of Colorado. Decided April 17, 1989. Interlocutory Appeal from the District Court, Adams County Honorable Philip F. Roan, Judge. Page 1283 James F. Smith, District Attorney, Seventeenth Judicial District, Steven L. Bernard, Chief Trial Deputy, Michael J. Milne, Deputy […]

TIMOTHY W. SWIECKOWSKI, a minor, by S. MICHAEL SWIECKOWSKI and CATHERINE A. SWIECKOWSKI, his parents and next friends; S. MICHAEL SWIECKOWSKI, individually; and CATHERINE A. SWIECKOWSKI, individually, Petitioners, v. CITY OF FORT COLLINS, a Colorado municipal corporation, Respondent. No. 96SC89Supreme Court of Colorado. April 14, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED […]

Norwest Leasing, Inc., Plaintiff-Appellee and Cross-Appellant, v. Alan Charnes, Executive Director, Department of Revenue, State of Colorado, Defendant-Appellant and Cross-Appellee. No. 87CA0530Colorado Court of Appeals. Decided September 29, 1988. Rehearing Denied October 20, 1988. Certiorari Granted Charnes January 17, 1989 (88SC524). Appeal from the District Court of the City and County of Denver Honorable Leonard […]

The People of the State of Colorado v. Michael Borrelli No. 77-713Colorado Court of Appeals. Decided October 23, 1980. Rehearing denied November 20, 1980. Certiorari denied March 9, 1981. Page 901 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 902 Appeal from […]

(539 P.2d 1273) The People of the State of Colorado v. Richard Lloyd Salvador No. 26334Supreme Court of Colorado. Decided July 28, 1975. Defendant was convicted of first-degree murder. From denial of his Crim. P. 35(b) motion to vacate judgment, he appealed. Reversed 1. PARDON AND PAROLE — Parolee — Restrictions. A parolee is subject […]

(369 P.2d 552) PILLAR OF FIRE v. SCHOOL DISTRICT NO. 50, ADAMS COUNTY. No. 19,801.Supreme Court of Colorado. Decided March 5, 1962. Rehearing denied March 26, 1962. Condemnation proceeding by school district. Judgment for plaintiff. Writ of Error Dismissed. Error to the District Court of Adams County, Hon. Clifford J. Gobble, Judge. Mr. J. FRED […]

Albert Malveaux, Plaintiff-Appellant, v. Colorado Department of Revenue, Motor Vehicle Division, Defendant-Appellee. No. 85CA0410Colorado Court of Appeals. Decided September 18, 1986. Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Holder St. Clair, Scott A. St. Clair, for Plaintiff-Appellant. Page 876 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, […]

The People of the State of Colorado, Complainant, v. William H. Ebbert, Attorney-Respondent. No. 94SA79Supreme Court of Colorado. Decided May 2, 1994 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, both of Dever, Colorado, Attorneys for Complainant Larry D. Sather of Denver, Colorado, Attorney for Attorney-Respondent EN […]

(382 P.2d 991) DONALD W. NELSON v. MARILYN GRISSOM, FORMERLY MARILYN NELSON. No. 20,250.Supreme Court of Colorado. Decided June 24, 1963. From the granting of a motion to permit mother to remove minor children from the state, the father brings error. Reversed. 1. PARENT AND CHILD — Removal from State — Fitness of Step-father — […]

Edward D. Ward, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and The City of Greeley, Respondents. No. 94CA1628Colorado Court of Appeals. Decided September 14, 1995 Petition for Rehearing DENIED October 19, 1995 Petition for Writ of Certiorari DENIED April 22, 1996 Review of Order from the Industrial Claim Appeals Office […]

194 P.2d 908 WALKER v. COE. No. 15,763.Supreme Court of Colorado. Decided June 1, 1948. Rehearing denied June 21, 1948. An action for the recovery of five hundred dollars alleged to be due plaintiff from defendant in which the former prevailed in the trial court. PER CURIAM. Judgment affirmed en banc without written opinion. Error […]

Valley Housing and Development Corporation, a Colorado corporation; and Ridges Development Corporation, a Colorado corporation, Plaintiffs-Appellants, v. Ridges Metropolitan District, Defendant-Appellee. No. 85CA1736Colorado Court of Appeals. Decided February 4, 1988. Rehearing Denied March 3, 1988. Appeal from the District Court of Mesa County Honorable Jose D. L. Marquez, Judge Dufford, Waldeck, Ruland Milburn, Edwin G. […]

(588 P.2d 380) Great Western United Corporation v. Great Western Producers Co-operative No. 77-565Colorado Court of Appeals. Decided September 28, 1978. Rehearing denied October 19, 1978. Certiorari granted December 26, 1978. In action by corporation seeking a determination that the agreement for the sale of corporation’s wholly owned subsidiary to cooperative association had been terminated […]

The People of the State of Colorado, Plaintiff-Appellee, v. David Carlson, Defendant-Appellant. No. 01CA1125.Colorado Court of Appeals. Div. V. February 13, 2003. Certiorari Denied June 23, 2003. Jefferson County District Court No. 93CR1579; Honorable Brian D. Boatright, Judge; Honorable Gaspar F. Perricone, Judge Page 412 JUDGMENT AFFIRMED Taubman, J., filed dissenting opinion. Page 413 [EDITORS’ […]

197 P.2d 624 SWAIM v. SWANSON ET AL. No. 15,945.Supreme Court of Colorado. Decided September 13, 1948. An action for adjudication of the right to possession of real estate, and for damages for trespass. Judgment for plaintiffs. Affirmed. 1. LANDLORD AND TENANT — Lease — Notice to Quit. Notice to quit to a lessee of […]

Harry W. Oborne and Anthony J. Allegretti, Plaintiffs-Appellees, v. The Board of County Commissioners of Douglas County, Colorado, Defendant-Appellant. No. 85CA1237Colorado Court of Appeals. Decided October 20, 1988. Certiorari Denied June 6, 1989 (89SC67) (See 778 P.2d 1370). Appeal from the District Court of Douglas County Honorable Richard D. Turelli, Judge Page 398 Gerald D. […]

(362 P.2d 1053) THEODORE J. ZAVISLAK, ET AL. v. MARK L. SHIPMAN, ET AL. No. 19,430.Supreme Court of Colorado. Decided July 3, 1961. Rehearing denied July 24, 1961. Action to remove cloud of restrictive covenants and to quiet title to lands. From the judgment and decree entered the defendants bring error. Affirmed in Part, Reversed […]

(409 P.2d 520) Eddie Miller, Plaintiff, v. The People of the State of Colorado, Defendant. No. 21384Supreme Court of Colorado. Decided January 10, 1966. Defendant was convicted of giving no account check and brings error. Affirmed 1. FALSE PRETENSES. — No Account Check — Witnesses — Findings of Fact — Evidence — Support — Review. […]

86 P.2d 261 INTERNATIONAL SERVICE UNION ASSOCIATION v. MARTINEZ. No. 14,394.Supreme Court of Colorado. Decided December 5, 1938. Rehearing denied January 16, 1939. Suit on death benefit certificate. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. INSURANCE — Life — Death Benefit Certificate — Appeal and Error. A death benefit certificate contained a provision […]

181 P.2d 442 YEAGER v. THE PEOPLE. No. 15,648.Supreme Court of Colorado. Decided May 19, 1947. A proceeding under chapter 20, ’35 C.S.A., pertaining to bastards. The jury found plaintiff in error to be the father of the child, and appropriate judgment followed. Reversed. 1. BASTARDY — Instructions — Requests. In a bastardy proceeding, it […]

(472 P.2d 134) Cosmopolitan Western Hotel, Employer and Employers Mutual Liability Insurance Company of Wisconsin, Insurer, Respondents v. Johnny Henry and The Industrial Commission of Colorado. No. 23972.Supreme Court of Colorado. Decided July 20, 1970 Rehearing denied August 4, 1970. From judgment affirming findings and order of Industrial Commission which awarded claimant, a hotel kitchen […]

James A. Beasley, Plaintiff-Appellee, v. Mincomp Corporation, a Colorado corporation, Defendant-Appellant. No. 82CA0903Colorado Court of Appeals. Decided May 24, 1984. Appeal from the District Court of Arapahoe County Honorable Charles A. Friedman, Judge Page 371 Kidneigh, Hughes, Pelz, Leach and Clikeman, P.C., Harlan P. Pelz, for plaintiff-appellee. Wegher Fulton, P.C., Martha J. Ridgway, Richard W. […]

(396 P.2d 841) ROBERT L. MURDOCK, ET AL., v. DENVER POPE, ET AL. No. 20693.Supreme Court of Colorado. Decided November 9, 1964. Rehearing denied December 14, 1964. Action for specific performance and for damages. Judgment for plaintiffs. Affirmed. 1. SPECIFIC PERFORMANCE — Vendee and Vendor — Abatement — Deficiency. It is a general rule that […]

(552 P.2d 514) Norma L. Comstock, as Executrix of the Estate of Eva C. Hillmeyer, deceased v. The Colorado National Bank of Denver, a national banking association, in its individual corporate capacity; The Colorado National Bank of Denver, a national banking association, as Trustee under the Last Will and Testament of Edwin E. Hillmeyer, deceased; […]

120 P.2d 187 NEEDLE ROCK DITCH COMPANY ET AL. v. ANKENMAN. No. 14,798.Supreme Court of Colorado. Decided November 10, 1941. A water adjudication proceeding. Petitioner Ankenman was awarded a decree for a specified amount of water from Cottonwood Creek, a natural stream. Reversed. On Application for Supersedeas. 1. WATER RIGHTS — Decrees — Sufficiency of […]

(537 P.2d 1092) In re the Custody of David J. Glass, James Glass, and Cheri Glass No. 74-459Colorado Court of Appeals. Decided May 6, 1975. Rehearing denied May 28, 1975. Certiorari denied September 8, 1975 Although California marriage dissolution decree awarded custody of child to his mother, while child was with father in Colorado, father […]

In re the Matter of O.R.L., a Minor Child, and Trudy Carra-deSalero, Respondent-Appellant, v. Michael R. Smith, Petitioner-Appellee. No. 99CA0293Colorado Court of Appeals. February 3, 2000 Appeal from the District Court of Larimer County, Honorable William F. Dressel, Judge, No. 98PR417 ORDER AFFIRMED IN PART AND CAUSE REMANDED WITH DIRECTIONS Michael M. O’Brien, Fort Collins, […]

In the Matter of the Petition of J.D.K. and T.W.K., Petitioners-Appellees, for the Adoption of H.E.P., a Child, and Concerning L.M., Respondent-Appellant. No. 01CA0064Colorado Court of Appeals. November 8, 2001 Mesa County District Court No. 00JA53 Honorable Amanda D. Bailey, Judge JUDGMENT AFFIRMED Page 542 Rebecca A. Casey, Grand Junction, Colorado, for Petitioners-Appellees. Kevin R. […]

21 P.2d 712 THOMPSON ET AL. v. BECK, RECEIVER. No. 12,713.Supreme Court of Colorado. Decided April 24, 1933. Receivership proceeding. Petition for removal of receiver denied and objections to his final report overruled. Affirmed. 1. FRAUD — Pleading. Fraud must be pleaded with definiteness and certainty; inferences and conclusions cannot be substituted for allegations of […]

The People of the State of Colorado, Plaintiff-Appellant, v. Oscar Cerda, Defendant-Appellee. No. 91SA205Supreme Court of Colorado. Decided November 12, 1991. Page 503 Interlocutory Appeal from the District Court, Weld County Honorable John J. Althoff, Judge. A.M. Dominguez, Jr., District Attorney, R. Victoria Beyerinck, Deputy District Attorney, for Plaintiff-Appellant. David F. Vela, Colorado State Public […]

(539 P.2d 1270) Central Colorado Water Conservancy District v. City and County of Denver, acting by and through its Board of Water Commissioners, and Public Service Company of Colorado No. 26454Supreme Court of Colorado. Decided August 25, 1975. Rehearing denied September 29, 1975. Water conservancy district filed applications for conditional decrees as to water storage […]

(557 P.2d 1200) The People of the State of Colorado v. Edward Michael Denn No. 26932Supreme Court of Colorado. Decided December 20, 1976. Defendant was convicted on two counts for the sale of Cannabis Sativa L., a narcotic drug, and appealed. Affirmed 1. DRUGS AND DRUGGISTS — Cannabis Plant — Geographical Variant — Irrelevant — […]

Board of County Commissioners of Cheyenne County, Colorado, Plaintiff-Appellee, v. Lloyd Ritchey and Margaret E. Ritchey, Defendants-Appellants. No. 93CA0553Colorado Court of Appeals. Decided May 5, 1994. Rehearing Denied June 30, 1994. Petition and Cross-Petition for Writ of Certiorari DENIED February 13, 1995. Appeal from the District Court of Cheyenne County Honorable Garth L. Nieschburg, Judge […]

(424 P.2d 110) James L. Knight and C. H. Spaulding v. The District Court of the Seventeenth Judicial District, County of Adams, State of Colorado, the Honorable Oyer G. Leary, Judge, and North Valley State Bank, a corporation. No. 22621.Supreme Court of Colorado. Decided February 27, 1967. Original proceeding involving attack on court’s jurisdiction over […]

United Bank of Lakewood National Association, Plaintiff-Appellant and Cross-Appellee, v. One Center Joint Venture, a Colorado general partnership, Gordon G. Montgomery, Robert A. Balian, B.L. Investment Company and Berdj O. Keuylian, Defendants-Appellees and Cross-Appellants, and Mark E. Johnson, Defendant-Appellee. No. 87CA1869Colorado Court of Appeals. Decided April 27, 1989. Appeal from the District Court of Jefferson […]

Avemco Insurance Company, Plaintiff-Appellee, v. Northern Colorado Air Charter, Inc., Defendant-Appellant. No. 99CA1262Colorado Court of Appeals. September 28, 2000 Rehearing Denied December 7, 2000[*] Certiorari Granted July 2, 2001. [*] Jones, J., would GRANT. Appeal from the District Court of Larimer County, Honorable James H. Hiatt, Judge, No. 98CV650. Page 1239 JUDGMENT REVERSED AND CAUSE […]

Financial Management Task Force, Inc., Plaintiff-Appellee and Cross-Appellant, v. Sanford Altberger, Defendant-Appellant and Cross-Appellee. No. 89CA1535Colorado Court of Appeals. Decided December 20, 1990. Rehearing Denied February 28, 1991. Appeal from the District Court of the City and County of Denver Honorable Connie L. Peterson, Judge. Hopper, Kanouff, Smith, Peryam and Terry, Kevin Haight, for Plaintiff-Appellee […]

(557 P.2d 417) The People of the State of Colorado v. Mary Catherine Oldefest No. 27164Supreme Court of Colorado. Decided December 13, 1976. Appeal by the People from a ruling of the trial court which suppressed the results of a breath test in the prosecution for driving while under the influence of alcohol, and careless […]

(317 P.2d 897) EDWIN JOHNS v. AMBROSE-WILLIAMS CO. No. 18,069.Supreme Court of Colorado. Decided November 18, 1957. Rehearing denied December 2, 1957. Action for broker’s commission claimed to be due on open account. Judgment for plaintiff. Reversed and Remanded With Directions. 1. BROKERS — Open Account — Proof. Where the record is barren of any […]

(506 P.2d 371) The Public Utilities Commission of the State of Colorado v. District Court in and for the City and County of Denver and Mitchel B. Johns, Judge thereof No. 25742Supreme Court of Colorado. Decided February 20, 1973. Original proceeding for writ of prohibition sought by Public Utilities Commission against Denver district court and […]

(615 P.2d 690) The People of the State of Colorado v. Randy C. Nees No. 79SA362Supreme Court of Colorado. Decided August 18, 1980. Rehearing denied September 15, 1980. Consolidated appeal in which defendant challenges his convictions for aggravated robbery and for aggravated robbery and habitual criminal. Affirmed in No. CR-587, Affirmed in Part and Reversed […]

The PEOPLE of the State of Colorado, Complainant, v. Cecilia M. SERNA, Respondent. No. 06PDJ023.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. October 3, 2006. Page 63 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 64 Attorney Regulation. […]

People of the State of Colorado, Plaintiff-Appellant, In the Interest of D.E.J., A Child, And Concerning E.E.J. and C.T., Defendants-Appellees. No. 84SA172Supreme Court of Colorado. Decided September 10, 1984. Interlocutory Appeal from Juvenile Court, Denver County Honorable Morris E. Cole, Judge Page 795 Norman S. Early, Jr., District Attorney, O. Otto Moore, Assistant District Attorney, […]

COORS BREWING COMPANY, Plaintiff-Appellee, v. Federico CABO, an individual, and Corporacion Calfik, S.A. de C.V., Defendants-Appellants. No. 03CA2452.Colorado Court of Appeals. Div. A. December 16, 2004. Certiorari Denied May 31, 2005.[*] [*] Chief Justice MULLARKEY and Justice MARTINEZ would grant as to the following issues: When the arbitration agreement specifies the law the arbitrator must […]

(589 P.2d 71) The People of the State of Colorado v. Joseph A. Valenzuela No. 77-1089Colorado Court of Appeals. Decided October 5, 1978. Rehearing denied November 16, 1978. Convicted of two counts of attempted introduction of contraband in the first degree, defendant appealed. Affirmed 1. CRIMINAL LAW — Searches — Penitentiary Inmates — Permissible — […]

Metro National Bank, A National Banking Association, Petitioner, v. District Court in and for the City and County of Denver, State of Colorado and the Honorable John Brooks, Jr., one of the Judges thereof and Sherry Dolton DuPoncet (formerly known as Sherry Waldman), Respondents. No. 83SA404Supreme Court of Colorado. Decided January 23, 1984. Original Proceeding […]

(281 P.2d 517) WILBERT L. THOMAS v. TRAVIS COOK. No. 17,436.Supreme Court of Colorado. Decided March 21, 1955. Action to recover on bank check and damages for breach of contract. Judgment for plaintiff. Affirmed. Error to the District Court of Alamosa County, Hon. Robert R. Tarbell, Judge. Mr. HENRY BLICKHAHN, for plaintiff in error. Messrs. […]

Hoff Leigh, Inc., Plaintiff-Appellee, v. Rudy Byler, Defendant-Appellant. No. 01CA2005.Colorado Court of Appeals. Division IV November 21, 2002. El Paso County District Court No. 00CV2901; Honorable Richard V. Hall, Judge JUDGMENT AFFIRMED Page 1078 Beatty Ross, LLP, L. Douglas Beatty, Colorado Springs, Colorado, for Plaintiff-Appellee Mulliken, Gleason, Weiner, Whitney Jolivet, P.C., Murray I. Weiner, Carla […]

In re the Matter of the Claim of: City of Aurora, Aurora Police Department, Self Insured, Petitioner, v. Industrial Commission of Colorado; Charles McGrath, Director of the Division of Labor, Department of Labor and Employment, State of Colorado; Jack R. Bisgard, Respondents. No. 84CA0387Colorado Court of Appeals. Decided April 25, 1985. Rehearing Denied May 23, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Haywood Jenkins, Defendant-Appellant. No. 01CA1336Colorado Court of Appeals. February 27, 2003 As Modified on Denial of Rehearing May 15, 2003 Certiorari Denied January 26, 2004 City and County of Denver District Court No. 00CR2242; Honorable H. Jeffrey Bayless, Judge JUDGMENT AND SENTENCE AFFIRMED Division IV Rothenberg […]

The People of the State of Colorado, Plaintiff-Appellee, v. Steven Richard Marquiz, Defendant-Appellant. No. 82CA1246Colorado Court of Appeals. Decided March 29, 1984. Rehearing Denied May 3, 1984. Certiorari Granted September 24, 1984. Appeal from the District Court of Jefferson County Honorable Ronald Hardesty, Judge Page 243 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

The People of the State of Colorado v. Ralph Cushon No. 79CA0476Colorado Court of Appeals. Decided April 9, 1981. Rehearing denied May 21, 1981. Certiorari granted July 20, 1981. Appeal from the District Court of El Paso County, Honorable George M. Gibson, Judge. Page 1165 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney […]

(534 P.2d 796) Western Alfalfa Corporation, a Kansas corporation v. Air Pollution Variance Board of the State of Colorado No. 71-494Colorado Court of Appeals. Decided January 7, 1975. Rehearing denied February 25, 1975. Certiorari granted May 12, 1975. On remand from United States Supreme Court, due process issues considered relative to administrative procedures followed on […]

The People of the State of Colorado, Plaintiff-Appellee, v. Stanley G. Russell, Defendant-Appellant. No. 83CA0960Colorado Court of Appeals. Decided February 14, 1985. Rehearing Denied March 7, 1985. Certiorari Denied August 19, 1985. Appeal from the District Court of Fremont County Honorable Paul J. Keohane, Judge Page 621 Duane Woodard, Attorney General, Charles B. Howe, Chief […]

Joe Fiebig, Complainant-Appellee, and State Personnel Board, State of Colorado, Appellee, v. Wheat Ridge Regional Center, Respondent-Appellant. No. 87CA1897Colorado Court of Appeals. Decided April 27, 1989. Rehearing Denied June 1, 1989. Certiorari Denied October 2, 1989 (89SC358). Review of Order from the State Personnel Board Page 815 Leo Gemma, Jr., Associates, P.C., Leo Gemma, Jr., […]

Phillip Sheldon, Plaintiff-Appellee, v. Colorado Department of Revenue, Motor Vehicle Division, Defendant-Appellant. No. 85CA1287Colorado Court of Appeals. Decided April 16, 1987. Rehearing Denied May 21, 1987. Certiorari Denied Sheldon September 8, 1987 (87SC233). Page 969 Appeal from the District Court of Boulder County Honorable Morris W. Sandstead, Jr., Judge Thorburn, Sakol Throne, Barre M. Sakol, […]