Category: Colorado Court Opinions

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, […]

55 P.2d 321 EISELE v. BARNHART. No. 13,652.Supreme Court of Colorado. Decided February 24, 1936. Suit involving location of a boundary line and amount of land conveyed by deed. Judgment for plaintiff. Affirmed. 1. BOUNDARIES — Acquiescence — Estoppel. In an action involving ownership of land, defendant having constructed a fence on what he supposed […]

(295 P.2d 686) BRENNAN CONSTRUCTION COMPANY, INC. v. COLORADO SPRINGS COMPANY. No. 17,704.Supreme Court of Colorado. Decided March 12, 1956. Rehearing denied April 23, 1956. On motion to dismiss the writ of error. Writ Dismissed. 1. APPEAL AND ERROR — Record — Reporter’s Transcript. Questions which must be determined from the evidence in the case, […]

In re the MARRIAGE OF Mark D. HILL, Appellant, and Nancy J. Hill, Appellee. No. 06CA0003.Colorado Court of Appeals. May 31, 2007. District Court, Broomfield County, C. Vincent Phelps, J. Page 270 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 271 Johnson […]

(354 P.2d 594) RICHARD R. RISS, II v. HUGH E. HARVEY. No. 18,584.Supreme Court of Colorado. Decided August 8, 1960. Action to recover for services rendered to partnership. Judgment for plaintiff. Affirmed. 1. TRIAL — Jury Question — Evidence — Sufficiency. Where questions of fact which the jury is called upon to decide are determined […]

Ault Aerial Applicators, Inc., Plaintiff-Appellee, v. Mel Irvine, Defendant-Appellant. No. 83CA0742Colorado Court of Appeals. Decided June 14, 1984. Appeal from the District Court of Weld County Honorable Robert A. Behrman, Judge Shade, Doyle, Klein, Otis, Shaha Frey, Henry C. Frey, for plaintiff-appellee. Dinner, Hellerich and Lazar, Elizabeth Strobel, Thomas E. Hellerich, for defendant-appellant. Division IV. […]

Richard E. Hargreaves, John M. Marrison, Harlan Wagoner; John Haley, H H Quality Enterprise Inc., a Colorado corporation, Longmont Home Improvement, Inc., a Colorado corporation, and Longmont Soil Conservation District v. Phil G. Skrbina, Phil G. Skrbina, Inc., a Colorado corporation, The City of Longmont, a Colorado municipal corporation, and Kenneth A. Williamson, Connie S. […]

Lorelei A. Taylor, d/b/a Rocky Mountain Plateau, Petitioner, v. Ronald Grogan and The State of Colorado, Respondents. No. 94SC143Supreme Court of Colorado. Decided June 30, 1995. Petition for Rehearing DENIED August 28, 1995. Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Quigley Bruce, James M. Bruce, Bruce A. Logan, […]

72 P.2d 281 AMERICAN MINING COMPANY ET AL. v. ZUPET. No. 14,207.Supreme Court of Colorado. Decided September 27, 1937. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Findings. Where there is sufficient competent evidence to support the findings and award of the Industrial Commission they are binding on review, […]

Robert MARTINEZ, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado; Rome Corporation, d/b/a Western Well Service; and Westport Insurance, Respondents. No. 06CA2673.Colorado Court of Appeals. July 26, 2007. Certiorari Denied February 11, 2008. Michael W. Seckar, Pueblo, Colorado, for Petitioner. No Appearance for Respondent Industrial Claim Appeals Office. Dworkin Chambers Williams York […]

Manuel Sesario Depineda, Petitioner-Appellant, v. William Price, Arrowhead Correctional Center, and Gale Norton, Attorney General, State of Colorado, Respondents-Appellees. No. 95SA405Supreme Court of Colorado. Decided April 15, 1996 Petition for Rehearing DENIED May 20, 1996 Appeal from the District Court, Fremont County, Honorable John E. Anderson III, Judge. Page 1279 JUDGMENT AFFIRMED Manuel Sesario DePineda, […]

(274 P.2d 975) MANIATIS v. STINY. No. 17,221.Supreme Court of Colorado. Decided October 11, 1954. An action to recover an amount alleged to be due for rents collected on property belonging to plaintiff. Judgment for plaintiff. Reversed. 1. PRACTICE AND PROCEDURE — Masters — Judgments — Appeal and Error. Where, in an action, a trial […]

BP AMERICA PRODUCTION COMPANY, f/k/a Amoco Production Company, Petitioner v. David PATTERSON, Philip McCoy, Donald Kanzler, and Shirley Kanzler, Respondents. No. 06SC330.Supreme Court of Colorado. June 9, 2008. Appeal from the District Court, City and County of Denver, H. Jeffrey Bayless, J. Page 812 Holland Hart, LLP, Scott S. Barker, Marcy G. Glenn, Denver, Colorado, […]

BELFOR USA GROUP, INC., Plaintiff-Appellee, v. ROCKY MOUNTAIN CAULKING AND WATERPROOFING, LLC, Defendant-Appellant. No. 05CA0022.Colorado Court of Appeals. August 10, 2006. Certiorari Denied December 18, 2006. Appeal from the District Court, Arapahoe County, Cheryl L. Post, J. Page 673 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

(458 P.2d 257) American National Insurance Company, a Corporation v. Thomas T. Cooper. No. 23745.Supreme Court of Colorado. Decided July 28, 1969. Rehearing denied September 22, 1969. Action by insured against insurer to recover certain benefits due him under the terms of a health and accident policy. Judgment for insured. Affirmed. 1. INSURANCE — Health […]

The People of the State of Colorado, Plaintiff-Appellee, v. Martin Lee Ross, Defendant-Appellant. No. 85CA0605Colorado Court of Appeals. Decided August 20, 1987. Rehearing Denied September 24, 1987. Appeal from the District Court of Adams County Honorable Oyer G. Leary, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

The People of the State of Colorado, Complainant, v. Stuart George Barr, Attorney-Respondent. No. 91SA294Supreme Court of Colorado. Decided October 7, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. Stuart George Barr, Pro Se. EN BANC PER CURIAM [1] The hearing panel of the Supreme Court […]

The People of the State of Colorado, Plaintiff-Appellant, v. Susana Rebeca Braunthal, Defendant-Appellee. No. 01SA41Supreme Court of Colorado. September 10, 2001 Interlocutory Appeal from the District Court Pitkin County, Case No. 99CR122 Honorable J. E. DeVilbiss, Judge. RULE MADE ABSOLUTE Page 168 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

(529 P.2d 630) The People of the State of Colorado v. Ronald Danny Durbin No. 26140Supreme Court of Colorado. Decided December 23, 1974. Defendant was convicted and sentenced for child abuse, which is statutorily defined as endangering the life or health of a child, and appealed. Affirmed 1. INFANTS — Endangered — Evidence — Sufficient […]

Harrison Dike, Petitioner, v. The People of the State of Colorado, Respondent. No. 00SC332Supreme Court of Colorado. July 2, 2001 Certiorari to the District Court, Routt County, Case No. 99CV190 Honorable Joel S. Thompson, Judge. JUDGMENT AFFIRMED Page 198 No. 00SC332 Harrison Dike v. The People of the State of ColoradoDriving Under the Influence of […]

DEPARTMENT OF TRANSPORTATION OF The STATE of Colorado, and Regional Transportation District, a political subdivision of the State of Colorado, Petitioners v. MARILYN HICKEY MINISTRIES, d/b/a Happy Church, Respondent. No. 05SC816.Supreme Court of Colorado. May 29, 2007. Appeal from the District Court, Arapahoe County, Marilyn Leonard, J. Duncan, Ostrander Dingess, P.C., Robert R. Duncan, Donald […]

(390 P.2d 817) HARRY W. GALLAVAN, ET AL., v. PAULINE HOFFNER, ET AL. No. 20,498.Supreme Court of Colorado. Decided March 30, 1964. From refusal of trial court to grant a continuance or a new trial because of the illness of one of the defendants bring error. Reversed. 1. NEW TRIAL — Illness of Defendant — […]

(368 P.2d 201) BIG TOP, INCORPORATED v. JOHN M. SCHOOLEY, MANAGER OF SAFETY, ETC., ET AL. No. 19,912.Supreme Court of Colorado. Decided January 22, 1962. From a judgment affirming denial of its application for a beverage license, the applicant brings error. Reversed. 1. INTOXICATING LIQUOR — Beverage — Intoxicant — General Assembly — Power to […]

(431 P.2d 785) Paul L. Kelly v. City of Fort Collins, Colorado No. 22863.Supreme Court of Colorado. Decided September 18, 1967. Certiorari granted to determine validity of a city ordinance regulating the sale of fermented malt beverages. From an adverse judgment, the petitioner brought error. Affirmed. 1. CONSTITUTIONAL LAW — Municipal Corporations — Home Rule […]

Louisiana Pacific Corporation and Insurance Company of North America, Petitioners, v. Ferd W. Smith, The Industrial Claim Appeals Office of the State of Colorado, and The Division of Workers’ Compensation, Respondents. No. 93CA1485Colorado Court of Appeals. Decided July 14, 1994. Rehearing Denied August 25, 1994. Review of Order from the Industrial Claim Appeals Office of […]

56 P.2d 1333 ESTATE OF HOLMES. HUBER v. BOYLE, ADMINISTRATOR. No. 13,801.Supreme Court of Colorado. Decided March 9, 1936. Rehearing denied April 27, 1936. Will contest. Jury verdict sustaining the will. Reversed. On Application for Supersedeas. 1. WILLS — False Representations — Effect. Where a testator made a will under the mistaken belief of the […]

(528 P.2d 237) Ford Leasing Development Company v. Board of County Commissioners of the County of Jefferson No. 26445Supreme Court of Colorado. Decided November 11, 1974. Rehearing denied December 9, 1974. Zoning case. Land developer’s predecessor in title filed an application for rezoning from agricultural district to planned development district. Board of County Commissioners denied […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas P. McGrath, Defendant-Appellant. No. 87CA1008Colorado Court of Appeals. Decided October 26, 1989. Rehearing Denied November 24, 1989. Certiorari Denied June 18, 1990 (89SC699). Appeal from the District Court of the City and County of Denver Honorable John Brooks, Jr., Judge Page 665 Duane Woodard, Attorney […]

Colorado Performance Corporation, a Colorado corporation; Harvey Felten; Marilyn E. Felten; G. William Ives Trust, Assignee of G. William Ives and Carole S. Ives; Donald J. Farabaugh; Valerie Joyce Harris; Duane Edgar Burgen; Joseph T. Hart; Anthony G. Seganti and Gloria A. Seganti, Plaintiffs-Appellants and Cross-Appellees, v. Mariposa Associates, a Limited Partnership, Iowa Gulch, Ltd., […]

Principal Mutual Life Insurance Company, an Iowa corporation; and City Market, Inc., a Colorado corporation, Petitioner v. Progressive Mountain Insurance Company, a Colorado corporation, Respondent. No. 99SC836Supreme Court of Colorado. April 30, 2001 Certiorari to the Colorado Court of Appeals, Court of Appeals No. 98CA1490 JUDGMENT AFFIRMED TO ADVANCE SHEET HEADNOTE No. 99SC836 — Principal […]

Robert R. Vanderbeek; William C. Bacon; and Dorothy Severson, in their capacity as co-trustees on behalf of the James W. Vanderbeek Generation-Skipping Transfer Trust UTA6-21-82 Tax ID No. 7012717, Plaintiffs-Appellees and Cross-Appellants, v. Vernon Corporation, a British West Indies corporation, Defendant-Appellant and Cross-Appellee, and Rodrigo Rocha, individually, and Sierra Fria Corporation, a British Virgin Islands […]

Leonard O. Culver, Petitioner, v. Ace Electric; Colorado Compensation Insurance Authority; the Industrial Claim Appeals Office of the State of Colorado; and Subsequent Injury Fund, Respondents. Raymond Stolworthy, Petitioner, v. John Clark, d/b/a Clark Construction; Colorado Compensation Insurance Authority; Subsequent Injury Fund; and Industrial Claim Appeals Office of the State of Colorado, Respondents. Robert Duddy, […]

(509 P.2d 799) The people of the State of Colorado v. Michael Edward Becker No. 25326Supreme Court of Colorado. Decided May 7, 1973. Defendant was convicted on two counts of forgery and appealed. Affirmed 1. CRIMINAL PROCEDURE — Acquittal — Denial of Motion — Evidence — Close of People’s Case — Right to Review — […]

(614 P.2d 900) The People of the State of Colorado v. Tina Trout Hernandez, a/k/a Tina Kay Trout No. 76-813Colorado Court of Appeals. Decided April 3, 1980. Opinion modified and as modified petition for rehearing denied May 1, 1980. Convicted of “attempted criminally negligent homicide,” defendant appealed contending that such offense was not legally cognizable. […]

(255 P.2d 961) AETNA CASUALTY AND SURETY COMPANY ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 16,997.Supreme Court of Colorado. Decided March 2, 1953. Rehearing denied April 13, 1953. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Employment — Proof. In a workmen’s compensation case, the burden of […]

James Rodriguez and Yolanda Rodreguez, Petitioners, v. John W. Schutt, Respondent. No. 95SC97Supreme Court of Colorado. Decided April 15, 1996 Certiorari to the Colorado Court of Appeals Page 922 JUDGMENT AFFIRMED IN PART AND REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 923 Philip A. Klein, Esq. and Charles Welton, P.C., Charles Welton, Philip […]

Pueblo Bancorporation, a Colorado corporation, Plaintiff-Appellee, v. Lindoe, Inc., a Colorado corporation, Defendant-Appellant. No. 00CA1777Colorado Court of Appeals. August 16, 2001 Certiorari Granted January 14, 2002 Pueblo County District Court No. 98CV105, Honorable Scott B. Epstein, Judge. Honorable Gerald A. Marroney, Judge JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page […]

Richard Stanger, Plaintiff-Appellant, v. Colorado Department of Revenue, Motor Vehicle Division, State of Colorado, Defendant-Appellee. No. 87CA1729Colorado Court of Appeals. Decided August 24, 1989. Rehearing Denied November 2, 1989. Certiorari Denied April 9, 1990 (89SC665). Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Wollrab Associates, James C. Wollrab, for Plaintiff-Appellant. Duane […]

The People of the State of Colorado v. Donald Stroup No. 79CA0246Colorado Court of Appeals. Decided November 20, 1980. Opinion modified and as modified petition for rehearing denied December 18, 1980. Certiorari granted March 16, 1981. Page 914 Appeal from the District Court of Mesa County, Honorable William M. Ela, Judge. J. D. MacFarlane, Attorney […]

(529 P.2d 651) Craig Henderson v. Industrial Commission of the State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado), and Frontier Airlines, Inc. No. 74-231Colorado Court of Appeals. Decided December 17, 1974. On the basis that notice of appeal was not timely filed, Industrial Commission dismissed unemployment compensation claimant’s appeal from a decision denying his […]

Lee N. Sternal, Plaintiff-Appellant, v. Renny Fagan, as the Executive Director for the Colorado Department of Revenue, Defendant-Appellee. No. 98CA0171Colorado Court of Appeals. April 15, 1999 Petition for Rehearing DENIED May 17, 1999 Certiorari Denied November 29, 1999. Appeal from the District Court of Pueblo County, Honorable James H. Frasher, Jr., Judge, No. 95CV643 ORDER […]

LEADER FEDERAL BANK FOR SAVINGS, Petitioner, v. SUSAN SAUNDERS; and ALL OTHER OCCUPANTS OF 12021 NORTH COUNTY ROAD 5-J, WELLINGTON, COLORADO 80549, Respondents. No. 95SC752Supreme Court of Colorado. January 13, 1997 Page 1344 Certiorari to the District Court, Larimer County, Honorable William F. Dressel, Judge ORDER AFFIRMED IN PART AND REVERSED IN PART, CASE REMANDED […]

(371 P.2d 773) ALLEN BELL v. CAROLYN ELIZABETH BELL. No. 19,802.Supreme Court of Colorado. Decided May 14, 1962. Rehearing denied June 11, 1962. Writ of error to orders relating to division of property in divorce action. Reversed. 1. DIVORCE — Division of Property — Orders — Burden. Where properties awarded to husband were heavily encumbered, […]

In re the Marriage of Karon M. Blake, Appellee, and Larry A. Blake, Appellant. No. 89CA1133Colorado Court of Appeals. Decided October 25, 1990. Rehearing Denied December 13, 1990. Certiorari Denied March 25, 1991 (91SC22). Appeal from the District Court of Arapahoe County Honorable Joyce S. Steinhardt, Judge. Law Offices of Sandra J. Pfaff, Sandra J. […]

Raymond R. JONES, Reverend, Plaintiff-Appellant, v. CRESTVIEW SOUTHERN BAPTIST CHURCH, f/k/a Cimarron Baptist Church, a Colorado corporation, Defendant-Appellee. No. 07CA0471.Colorado Court of Appeals. July 24, 2008. Appeal from the District Court, El Paso County, No. 06CV2987, Steven T. Pelican, J. James C. Vaughters, Englewood, Colorado, for Plaintiff-Appellant. Rothgerber, Johnson, Lyons, LLP, Eric V. Hall, Colorado […]

(437 P.2d 348) Richard E. Moss and Mary E. Moss v. Louis E. O’Brien, Austin J. O’Brien, Ruth C. O’Brien and Elizabeth E. O’Brien. No. 22966.Supreme Court of Colorado. Decided February 19, 1968. Quiet title action. From a judgment quieting title to two strips of land in the defendants, the plaintiffs brought error. Affirmed. 1. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Juan Cruz Vega, Defendant-Appellant. No. 91CA1664Colorado Court of Appeals. Decided September 9, 1993. Rehearing Denied October 14, 1993. Certiorari Granted April 11, 1994. Appeal from the District Court of Jefferson County Honorable James Zimmerman, Judge Page 550 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief […]

69 P.2d 1118 LONDON MOUNTAIN GOLD MINING COMPANY v. LADD. No. 14,162.Supreme Court of Colorado. Decided June 14, 1937. Judgment affirmed en banc on application for supersedeas without written opinion. Error to the District Court of the City and County of Denver, Hon. Robert W. Steele, Judge. Mr. ROBERT D. ELDER, for plaintiff in error. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Lionel Jones, Defendant-Appellant. No. 96CA1143Colorado Court of Appeals. September 18, 1997 Petition for Rehearing DENIED Petition for Writ of Certiorari DENIED April 27, 1998 Page 1047 Appeal from the District Court of El Paso County, Honorable Michael J. Heydt, Judge, Nos. 93CR2685 93CR2770 ORDER AFFIRMED AND […]

Western Gas Processing Company and National Union Fire Insurance Company, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado, Mark A. Wheeler (Deceased), Maureen C. Wheeler, and Director, Division of Labor, Department of Labor and Employment, Respondents. No. 89CA1685Colorado Court of Appeals. Decided August 2, 1990. Review of Order from the Industrial […]

The People of the State of Colorado, Complainant, v. Keith Dwight Johnson, Attorney-Respondent. No. 97SA247Supreme Court of Colorado. September 15, 1997 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Earl S. Wylder, Leonard M. Chesler, Denver, Colorado, Attorneys for Attorney-Respondent. Page 525 […]

Mark Simon, Cheryl Simon, and Malachai Simon, Petitioners, v. The State Compensation Insurance Authority, The State Compensation Insurance Fund, and The Colorado Compensation Insurance Authority, Respondents. No. 95SC304Supreme Court of Colorado. October 20, 1997 Opinion modified, and as modified, Petition for Rehearing DENIED November 20, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED […]

Robert SCHWARTZ, Plaintiff-Appellant, v. Bill OWENS, Governor of the State of Colorado, Defendant-Appellee. No. 04CA1270.Colorado Court of Appeals. October 20, 2005. Rehearing Denied November 10, 2005. Certiorari Denied May 8, 2006. Appeal from the Bent County District Court, Michael Schiferl, J. Page 456 Robert Schwartz, Pro Se. No Appearance for Defendant-Appellee. Page 457 HAWTHORNE, J. […]

(363 P.2d 165) DOROTHY JOHNSON v. E. H. LAMBOTTE. No. 19,474.Supreme Court of Colorado. Decided July 3, 1961. Action against insane person for damages resulting from negligent operation of automobile. Judgment for plaintiff. Affirmed. 1. INSANE PERSON — Negligence — Liability The general rule is that an insane person may be liable for tort the […]

(497 P.2d 1018) Frank Roy Serratore v. The People of the State of Colorado No. 24122Supreme Court of Colorado. Decided May 30, 1972. Defendant was convicted of second-degree burglary and theft and brought error. Reversed 1. CRIMINAL EVIDENCE — Prior Criminal Record — Inadmissible — Reversible Error. As a general rule, a prior criminal record […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Tracy L. WEBB-JOHNSON, Defendant-Appellant. No. 03CA0886.Colorado Court of Appeals. Div. II. January 13, 2005. Certiorari Denied May 31, 2005. Appeal from the District Court, Clear Creek County, Edward J. Casias, J. Ken Salazar, Attorney General, Anthony J. Navarro, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. David […]

(586 P.2d 1335) Rory O. Chetelat and Kathy Chetelat v. The District Court in and for the County of Arapahoe, in the Eighteenth Judicial District and the Honorable Marvin Foote, one of the Judges thereof No. 28206Supreme Court of Colorado. Decided November 27, 1978. Original proceeding in which petitioners seek a writ of mandamus requiring […]

157 P.2d 612 COLORADO WOMAN’S COLLEGE v. BRADFORD-ROBINSON PRINTING COMPANY. No. 15,316.Supreme Court of Colorado. Decided March 19, 1945. Rehearing denied April 9, 1945. An action on a promissory note. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Judgments — Evidence. On review, the testimony must be considered, and every inference fairly deducible therefrom […]

9 P.2d 1118 PEOPLE EX REL. COLORADO BAR ASSOCIATION v. HILLYER No. 12,548.Supreme Court of Colorado. Decided March 21, 1932. On petition of disbarred attorney for reinstatement. Petitioner Reinstated on Probation. 1. ATTORNEY AND CLIENT — Disbarment — Reinstatement. Disbarred attorney reinstated on probation. En Banc. Per Curiam. MARCH 9, 1931, respondent was disbarred from […]

The People of the State of Colorado v. Mark Beland No. 81SA115Supreme Court of Colorado. Decided August 4, 1981. Appeal from the District Court of the City and County of Denver, Honorable Alvin D. Lichtenstein, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, R. Michael Mullins, Assistant Attorney […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ramon Romero, Defendant-Appellant. No. 82SA566Supreme Court of Colorado. Decided January 21, 1985. Appeal, District Court, City and County of Denver Honorable Leonard P. Plank, Judge Page 1257 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Hamon Contractors, Inc., a Colorado corporation, Petitioner, v. The District Court of the First Judicial District and the Honorable Henry E. Nieto, District Court Judge, Respondents. No. 94SA34Supreme Court of Colorado. Decided July 18, 1994 Original Proceeding Pursuant to C.A.R. 21 RULE MADE ABSOLUTE Page 885 Muriel A. Agnelli and Susan M. Vogel (The Law […]

(470 P.2d 609) Lee E. Yeager v. Carl L. Lathrop, Administrator DBN of the Estate of Dorothy M. Curtis, also known as Dorothy M. Cavalli, Deceased No. 70-037 (Supreme Court No. 22681)Colorado Court of Appeals. Decided February 17, 1970. Action for wrongful death of wife and son of plaintiff. From judgment for defendant, plaintiff appealed. […]

155 P.2d 155 ROBERTS v. ROBERTS ET AL. No. 15,461.Supreme Court of Colorado. Decided January 2, 1945. An action for partnership accounting and specific performance. Judgment of dismissal. Reversed. 1. PARTNERSHIP — Accounting — Statutes. If a partnership exists between two or more persons, one of them is entitled to an accounting where any of […]

(561 P.2d 1260) Donald E. Tyler v. The District Court in and for the County of Adams, State of Colorado, and the Honorable Dean Johnson, sitting as a judge of said Court No. 27506Supreme Court of Colorado. Decided March 28, 1977. Petitioner who had filed action against hospital sought relief in the nature of mandamus […]

(319 P.2d 1078) LEE WILLIAMS, ET AL. v. NEW AMSTERDAM CASUALTY COMPANY, ET AL. No. 18,343.Supreme Court of Colorado. Decided December 9, 1957. Rehearing denied January 27, 1958. Action to review award of Industrial Commission in favor of claimant. The trial court vacated the award and the Commission and claimant bring error. Reversed and Remanded […]

71 P.2d 1039 GALLAGHER TRANSPORTATION COMPANY ET AL. v. GIGGEY. No. 14,074.Supreme Court of Colorado. Decided June 28, 1937. Rehearing denied September 27, 1937. Action for damages for personal injuries sustained in an automobile accident. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Negligence — Instructions. In an action for damages for personal injuries resulting from […]

125 P.2d 154 SANDERS v. THE PEOPLE. No. 14,999.Supreme Court of Colorado. Decided March 23, 1942. Rehearing denied April 27, 1942. Plaintiff in error was convicted of the crime of larceny. Reversed. On Application for Supersedeas. 1. CRIMINAL LAW — Different Counts — Election. In a criminal case a motion of defendant to require the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Arealous E. Hughes, Defendant-Appellant. No. 95CA0242Colorado Court of Appeals. February 20, 1997 Opinion Modified, and As Modified, Petition for Rehearing DENIED April 17, 1997 Petition for Writ of Certiorari DENIED October 27, 1997 Appeal from the District Court of the City and County of Denver Honorable […]

The People of the State of Colorado, Plaintiff-Appellant, v. Marla Dracon, Defendant-Appellee. No. 94SA238Supreme Court of Colorado. Decided November 15, 1994 Interlocutory Appeal from the District Court, City and County of Denver Honorable Frank Martinez, Judge. RULING AFFIRMED IN PART AND REVERSED IN PART, AND CASE REMANDED Page 713 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

(409 P.2d 505) State Board of Registration for Professional Engineers of the State of Colorado, Plaintiff, v. Joseph L. Antonio, Defendant. No. 21072Supreme Court of Colorado. Decided January 10, 1966. From a judgment of the district court which reversed an order of the Board revoking plaintiff’s certificate as a professional engineer, the Board brought error. […]

Dr. Jerry Barham, Plaintiff-Appellant, v. University of Northern Colorado, the Board of Trustees of the University of Northern Colorado, and Vincent Scalia, Defendants-Appellees. No. 96CA1422Colorado Court of Appeals. November 28, 1997 Petition for Rehearing DENIED January 29, 1998 Certiorari DENIED October 19, 1998. Appeal from the District Court of the City and County of Denver, […]

Georgene Sanchez, Rocco Bomareto, Jr., R D Enterprises, Inc., Petitioners, v. State of Colorado and Natalie Meyer, as Secretary of State, Respondents. No. 84SC449Supreme Court of Colorado. Decided December 22, 1986. Rehearing Denied January 20, 1987. Certiorari to the Colorado Court of Appeals Eugene Deikman, P.C., Craig Murdock, for Petitioner Sanchez. C. J. Berardini, P.C., […]

The People of the State of Colorado, Petitioner, v. Anthony L. Dunaway, Respondent. No. 02SC675.Supreme Court of Colorado. April 12, 2004. Certiorari to the Colorado Court of Appeals Court of Appeals, Case No. 00CA1863. JUDGMENT REVERSED. No. 02SC675, People v. Dunaway — Child Abuse — Due Process —Sufficiency of Evidence to Support Conviction — Jury […]

(599 P.2d 915) First National Bank of Canon City v. Rial Campbell No. C-1777Supreme Court of Colorado. Decided September 17, 1979. Action on two promissory notes by plaintiff-bank against defendant-respondent and defendant answered and counterclaimed. After a new trial was granted and a judgment entered in favor of plaintiff, the defendant appealed. The court of […]

(264 P.2d 1033) BOARD OF TRUSTEES OF THE POLICEMEN’S PENSION FUND OF THE CITY OF PUEBLO ET AL. v. STARASINICH. No. 17,052.Supreme Court of Colorado. Decided January 4, 1954. A proceeding involving a pension to a policeman of a municipal corporation. Judgment for petitioner. Affirmed. 1. MUNICIPAL CORPORATIONS — Policemen — Pensions. In an action […]

106 P.2d 361 PEARSON v. NORMAN. No. 14,613.Supreme Court of Colorado. Decided July 1, 1940. Rehearing denied October 14, 1940. An action against a physician and surgeon for damages alleged to have resulted from erroneous diagnosis and negligent treatment. Judgment of dismissal. Reversed. 1. TRIAL — Nonsuit — Appeal and Error. In an action against […]

Richard Matz, Plaintiff-Appellant, v. Mile Hi Concrete, Inc., a Colorado corporation, Defendant-Appellee. No. 89CA1792Colorado Court of Appeals. Decided March 28, 1991. Rehearing Denied May 2, 1991. Certiorari Granted October 21, 1991 (91SC333). Page 531 Certiorari Granted on the following issues: Whether the court of appeals erred in determining that there was no proper instruction on […]

The People of the State of Colorado in the Interest of: A.D. Child, and concerning: Denver Catholic Community Services, Inc., Interested Party-Appellee, and H.L. and E.L., Grandparents-Appellants. No. 84CA0935Colorado Court of Appeals. Decided July 25, 1985. Rehearing Denied August 29, 1985. Certiorari Denied December 2, 1985. Appeal from the Juvenile Court of the City and […]

133 P.2d 536 COLLINS v. HANEBUTH ET AL. No. 15,243.Supreme Court of Colorado. Decided January 11, 1943. Rehearing denied February 1, 1943. A proceeding involving the authority of an “Acting Manager of Safety and Excise” of a city to revoke the license of a person to operate a hotel. Judgment of dismissal. Affirmed. On Application […]

Kiewit Western Company, a Delaware corporation, Plaintiff-Appellant, v. City and County of Denver, a municipal corporation of the State of Colorado; the Department of Public Works for the City and County of Denver; and Michael Musgrave thereof, in his capacity as Acting Manager of the Department of Public Works for the City and County of […]

M.L. Johnson, Plaintiff-Appellant, v. Colorado State Board of Agriculture and Colorado State University, Defendants-Appellees. No. 99CA2230Colorado Court of Appeals. November 9, 2000 Appeal from the District Court of Larimer CountyHonorable John-David Sullivan, Judge, No. 98CV1031. JUDGMENT AFFIRMED Page 310 Randall R. Meyers, Fort Collins, Colorado, for Plaintiff-Appellant Ken Salazar, Attorney General, Christine M. Arguello, Assistant […]

Shirley Ridgeway, Plaintiff-Appellant, v. Kiowa School District C-2; The Board of Education C-2; Gary Maul, Robert Gower, David Orth and Dan Lovitt; in their capacities as members of the Board of Education and individually; and Elmer P. Yaden, individually and in his capacity as Superintendent of School of Kiowa School District C-2, Defendants-Appellees. No. 88CA1342Colorado […]

Home Shopping Club, Inc., Plaintiff-Appellee, v. Roberts Broadcasting Company of Denver, Licensee of Television Station KTVJ, Channel 14, Boulder, Colorado, Defendant-Appellant. No. 96CA1960Colorado Court of Appeals. April 30, 1998 Opinion Modified, and as Modified Petition for Rehearing DENIED July 9, 1998 Appeal from the District Court of the City and County of Denver, Honorable Federico […]

(369 P.2d 438) COLORADO SOUTHERN PETROLEUM CORPORATION v. EWEL H. STONE. No. 19,710.Supreme Court of Colorado. Decided March 5, 1962. Action by corporation to establish trust in interest in oil and gas leases. Judgment for defendant. Affirmed. 1. OIL AND GAS — Corporations — Leases — Assignment — Consideration. Findings of trial court that plaintiff’s […]

The People of the State of Colorado, Plaintiff-Appellee, v. Rebecca Fincham, a/k/a Rebecca Fincham Davis, Defendant-Appellant. No. 87CA1248Colorado Court of Appeals. Decided May 24, 1990. Rehearing Denied July 5, 1990. Certiorari Denied November 13, 1990 (90SC447). Appeal from the District Court of Adams County Honorable Harlan R. Bockman, Judge Page 420 [EDITORS’ NOTE: THIS PAGE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Johnny Estevan Cisneros Defendant-Appellant. No. 81CA0367 No. 81CA0752Colorado Court of Appeals. Decided February 17, 1983. Rehearing Denied March 24, 1983. Certiorari Denied Cisneros June 20, 1983 (83SC142). Certiorari Granted People June 20, 1983 (83SC156). Certiorari Dismissed as Improvidently Granted November 26, 1984 (83SC156). Appeal from the […]

17 P.2d 303 LEADVILLE MINE DEVELOPMENT COMPANY v. ANDERSON ET AL. No. 12,773.Supreme Court of Colorado. Decided November 21, 1932. Water adjudication. Priority claimed for alleged newly developed water. Award of appropriation to claimant, but of date junior to other appropriators on the stream. Affirmed. 1. WATER RIGHTS — Newly Developed Water — Appropriation — […]

The People of the State of Colorado, Complainant, v. Robert J. Driscoll, Attorney-Respondent. No. 84SA325Supreme Court of Colorado. Decided February 10, 1986. Original Proceedings in Discipline Page 1087 Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Dill, Dill McAllister, P.C., Robert T. McAllister, for Attorney-Respondent. EN BANC JUSTICE KIRSHBAUM delivered the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Curtis Talley a/k/a Curtis Jackson, Defendant-Appellant. No. 82CA0902Colorado Court of Appeals. Decided September 8, 1983. Rehearing Denied October 13, 1983. Certiorari Denied February 27, 1984. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Page 395 Duane Woodard, […]