Category: Colorado Court Opinions

(370 P.2d 440) PETE DOMINIC ALLOY, ET AL., v. RALPH SPINA, ET AL. No. 19,718.Supreme Court of Colorado. Decided April 9, 1962. Action to remove cloud from title resulting from attempted conveyance of water right. Judgment for plaintiffs. Affirmed. 1. WATER RIGHTS — Judgment — Issue in Prior Action. That rights under certain priority were […]

The People of the State of Colorado, Plaintiff-Appellant, v. Charles Fields, Defendant-Appellee. No. 89SA233Supreme Court of Colorado. Decided January 29, 1990. Interlocutory Appeal from District Court City and County of Denver Honorable Paul A. Markson, Jr., Judge Norman S. Early, Jr., District Attorney, Nathan B. Coats, Deputy District Attorney, Everett Engstrom, Deputy District Attorney, for […]

The City and County of Denver, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Division of Employment and Training, and Jack D. Helm, Respondents. No. 91CA1238Colorado Court of Appeals. Decided June 4, 1992. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Page 882 Daniel E. […]

Alexander DiCOCCO, Plaintiff-Appellant, v. NATIONAL GENERAL INSURANCE COMPANY, a Missouri corporation, Defendant-Appellee. No. 04CA2589.Colorado Court of Appeals. May 18, 2006. Rehearing Denied June 29, 2006. Appeal from the District Court, City and County of Denver, J. Stephen Phillips, J. Page 315 The Carey Law Firm, L. Dan Rector, Leif Garrison, Robert B. Carey, Colorado Springs, […]

103 P.2d 484 DUNKLEE, TRUSTEE ET AL. v. COUNTY COURT OF THE CITY AND COUNTY OF DENVER ET AL. No. 14,594.Supreme Court of Colorado. Decided April 1, 1940. Rehearing Denied May 6, 1940. A proceeding involving authority of the county court to order a general audit of the accounts of a trust established by the […]

207 P.2d 967 FLINN ET AL. v. TREADWELL, BUILDING INSPECTOR OF FORT COLLINS ET AL. No. 15,973.Supreme Court of Colorado. Decided May 31, 1949. An action to enjoin a municipality from enforcing the provisions of a zoning ordinance. Judgment for defendants. Affirmed. 1. MUNICIPAL CORPORATIONS — Ordinances — Nonenforcement. Nonenforcement of a municipal ordinance does […]

Michael P. FOSSENIER, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 06PDJ027.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. November 20, 2006. Page 476 Attorney Regulation. Following a Reinstatement Hearing, a Hearing Board granted a Petition for Reinstatement filed by Michael P. Fossenier and immediately […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rodger Joseph PEREA, Defendant-Appellant. No. 03CA1750.Colorado Court of Appeals. July 28, 2005. Certiorari Denied January 23, 2006. Appeal from the District Court, City and County of Denver, Paul A. Markson, Jr., J. Page 242 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

Charles L. Durbin and Mary Jo Durbin, Plaintiffs-Appellees, v. Bonanza Corporation, a Colorado corporation and Marvin D. Hastings, Personal Representative of the Estate of Max D. Hastings, a/k/a Max Deo Hastings, Defendants-Appellants. No. 82CA1278Colorado Court of Appeals. Decided February 27, 1986. Appeal from the District Court of El Paso County Honorable Matthew M. Railey, Judge […]

In re the MARRIAGE OF Marie S. GRAHAM, a/k/a Marie S. Swim, Appellant, and Jeffrey V. SWIM, Appellee. No. 03CA1922.Colorado Court of Appeals. April 7, 2005. As Modified on Denial of Rehearing August 11, 2005. Appeal from the District Court, Adams County, Katherine R. Delagado, J. Page 280 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

(354 P.2d 150) THE D.C. BURNS REALTY AND TRUST COMPANY v. CITY AND COUNTY OF DENVER, ET AL. No. 18,877.Supreme Court of Colorado. Decided July 11, 1960. Rehearing denied July 25, 1960. Action by grantor for forfeiture and reversion of lands conveyed to City for park purposes. Judgment for defendants. Affirmed. 1. REAL PROPERTY — […]

In re the Marriage of Douglas M. Smith, Appellee, and Sara Marie Smith, Appellant, and Concerning Victor J. Barbieri, Appellee. No. 86CA0889Colorado Court of Appeals. Decided June 30, 1988. Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge Page 1160 No Appearance for Appellees. Sara Marie Smith, Pro Se. Division II. […]

(443 P.2d 977) Northwestern Engineering Company v. Edemia Rooks, individually and Joseph L. Ray Rooks and James Russell Rooks, by Edemia Rooks, their mother and next friend, The Western Casualty and Surety Company, a corporation, and John Sheets and John Sheets v. Edemia Rooks, individually and Joseph L. Ray Rooks and James Russell Rooks, by […]

K-Partners III, Ltd., a Colorado Limited Partnership, as Successor To: The Resolution Trust Corporation, as Receiver for ABQ Federal Savings Bank, Plaintiff-Appellant, v. WLM Hospitality Corporation, Receiver-Appellee. No. 93CA1628Colorado Court of Appeals. Decided September 8, 1994 Appeal from the District Court of Archuleta County Honorable Al H. Haas, Judge No. 92CV28 ORDER REVERSED, APPEAL DISMISSED […]

Club Telluride Owners Association, Inc., a Colorado non-profit corporation, Plaintiff-Appellee, v. Dennis Mitchell, Defendant-Appellant. No. 01CA0594.Colorado Court of Appeals. Division II. July 5, 2002. Rehearing deied October 3, 2002. Certiorari denied May 19, 2003. San Miguel County District Court No. 99CV40; Honorable Al H. Haas, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Faegre Benson, […]

Realty World-Range Realty, Ltd., a Colorado corporation, Plaintiff-Appellee, v. Frank J. Prochaska and Ruth Prochaska, Defendants-Appellants. No. 83CA1152Colorado Court of Appeals. Decided August 30, 1984. Rehearing Denied September 20, 1984. Certiorari Denied February 11, 1985. Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge Page 762 Schey Schey, Neil E. Piller […]

Walter F. BROWN and Mary C. Hollis, Plaintiffs-Appellants, v. Donetta DAVIDSON in her official capacity as Colorado Secretary of State, Defendant-Appellee. No. 04CA2455.Colorado Court of Appeals. June 29, 2006. Appeal from the District Court, City and County of Denver, H. Jeffrey Bayless, J. Page 416 Hackstaff Gessler, LLC, Scott E. Gessler, Denver, Colorado, for Plaintiffs-Appellants. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ivan D. Jones, Defendant-Appellant. No. 97CA2040.Colorado Court of Appeals. Division II. December 9, 1999. Certiorari Denied May 1, 2000. Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge, Honorable Deanna E. Hickman, Judge, No. 93CR2029. ORDER AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS. […]

(458 P.2d 232) People of the State of Colorado v. Terry F. McKenzie. No. 24068.Supreme Court of Colorado. Decided September 8, 1969. Defendant was charged with unlawful possession of cannabis (marijuana), a narcotic drug, in violation of statute. People are here on writ of error directed to judgment of acquittal which arose out of trial […]

Alfred T. Whatley and Mary Siekman, Plaintiffs-Appells, v. Summit County Board of County Commissioners, Gary M. Lindstrom, Tom Long, William Wallace, their predecessors Joe Sands and Marsha Osborne and their successors; Summit County Upper Blue Planning Commission, Page 794 Bobby Craig, Verna Enyeart, Leigh Girvin-Yule, Randy Griffin, Dawn Smith, Jim Stover and Mike Turek and […]

(547 P.2d 260) Roberta L. Anderson v. Orville A. Kenelly No. 75-280Colorado Court of Appeals. Decided December 18, 1975. Rehearing denied January 15, 1976. Certiorari denied March 22, 1976. In action by client to set aside a one-third contingent fee contract with her attorney, the trial court granted relief, and the attorney appealed. Affirmed 1. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donald Earl Pellien, Defendant-Appellant. No. 83CA1077Colorado Court of Appeals. Decided January 31, 1985. Appeal from the District Court of Jefferson County Honorable Anthony F. Vollack, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Clement P. Engle, Assistant […]

22 P.2d 133 WALKER v. HUNTER ET AL. No. 12,802.Supreme Court of Colorado. Decided May 8, 1933. Action for libel. Judgment for defendants. Affirmed. 1. LIBEL — Privileged Communications — Actual Malice. In case of qualified privileged communications, proof of actual malice is essential to recovery of judgment. 2. Actual Malice — Directed Verdict. Where […]

In the Matter of the Application of Winterhawk Outfitters, Inc., and Larry L. Amos, Respondents-Appellants, v. Office of Outfitters Registration, State of Colorado, Complainant-Appellee. No. 01CA0652.Colorado Court of Appeals. February 14, 2002. Office of Outfitters Registration No. OG 9901. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division III Jones and Nieto, JJ., concur Page 746 […]

Mark Condiotti, Plaintiff-Appellant, v. Board of County Commissioners of the County of La Plata and the La Plata County Planning Commission, Defendants-Appellees. No. 98CA0740.Colorado Court of Appeals. June 24, 1999. Appeal from the District Court of La Plata County, Honorable Timothy A. Patalan, Judge, Nos. 97CV239 98CV7. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page […]

Flight Systems, Inc. Plaintiff-Appellee and Cross-Appellant, v. Elgood-Mayo Corp. Defendant-Appellant and Cross-Appellee. No. 80CA0705Colorado Court of Appeals. Decided December 16, 1982. Rehearing denied January 27, 1983. Page 910 Appeal from the District Court of the City and County of Denver Honorable George M. McNamara, Judge. Mosley, Wells and Spence, P.C., Philip E. Johnson, Morris B. […]

Alfred Koger and Jerome Powell, Plaintiffs-Appellees, v. The Civil Service Commission of the City and County of Denver, and The City and County of Denver, a municipal corporation, Defendants-Appellants, and L. John Simonet and Thomas E. Coogan, Defendants-Appellees. No. 86CA0231Colorado Court of Appeals. Decided November 25, 1987. Rehearing Denied January 7, 1988. Certiorari Denied May […]

Jeffrey B. Barrack, Frank Brittin Clayton III, Janet Beardsley, Karl Kurtz, and Janis Yabes, Plaintiffs-Appellants, v. City of Lafayette, Robert Burger, Alex Ariniello, Larry Gupton, Tim Larsen, Sharon Stetson, Phyllis Thieme, and Don Yoshihara, Defendants-Appellees. No. 90CA0406Colorado Court of Appeals. Decided August 15, 1991. Opinion Modified, and as Modified Rehearing Denied September 26, 1991. Certiorari […]

(320 P.2d 340) SAM GORUM v. PEOPLE OF THE STATE OF COLORADO. No. 18,266.Supreme Court of Colorado. Decided January 13, 1958. Defendant was convicted of grand larceny and brings error. Affirmed. 1. CRIMINAL LAW — Information — Witnesses — Indorsement — Discretion. The granting of leave to indorse witnesses on a criminal information is discretionary […]

(550 P.2d 349) Thomas E. Bernardo v. Dan Cronin, Manager of Safety and Excise, Wayne K. Patterson, Warden of the Jail, City and County of Denver, State of Colorado No. 27025Supreme Court of Colorado. Decided June 1, 1976. Habeas corpus action by petitioner challenging his extradition to Utah. District court discharged the writ and petitioner […]

(534 P.2d 1235) Paul L. Mitchell, Ruth L. Mitchell, Susan L. Mitchell, a minor, Sharon L. Mitchell, a minor, and David L. Mitchell, a minor, by and through their father and natural guardian Paul L. Mitchell v. Allstate Insurance Company and David D. Leonard, Margaret E. Leonard and Farmers Insurance Group No. 74-352Colorado Court of […]

(513 P.2d 1061) The People of the State of Colorado v. James M. Pughe No. 25925Supreme Court of Colorado. Decided September 12, 1973. Original proceedings in discipline. Attorney Publicly Censured 1. ATTORNEYS AT LAW — Estates — Failure to Act — Reasonable Diligence — Public Censure. Attorney who consistently failed to act with reasonable diligence […]

Maziar SHAMS and Susan Shams, Plaintiffs-Appellees, v. David HOWARD, Defendant-Appellant. No. 05CA1936.Colorado Court of Appeals. February 8, 2007. Rehearing Denied May 24, 2007. Appeal from the District Court, Boulder County, D.D. Mallard, J. Page 877 Allen Vellone, P.C., Patrick D. Vellone, Jennifer E. Schlatter, Denver, Colorado, for Plaintiffs-Appellees. Harris, Karstaedt, Jamison Powers, P.C., James B. […]

146 P.2d 992 MOUNTAIN REFINING COMPANY AND APEX REFINING DRILLING COMPANY v. LOUISE HEALD AND WALTER S. CHEESMAN REALTY COMPANY. No. 15,267.Supreme Court of Colorado. Decided February 14, 1944. Rehearing denied March 13, 1944. A suit on promissory notes and to foreclose as a mortgage, a deed of trust. Judgment for plaintiff. Modified and Affirmed. […]

Denice DeNier Brewster, Executor of the Estate of Kenneth E. Brewster, Leonard L. and Dortha Hutterman, Charles D. and Nancy Musselman, Florence and William Burton Dunn, Raymond and Phyllis Kooken, and Linda S. Holsman, Petitioners in 83SC241, v. L. Larry Nandrea and Ann T. Nandrea, the Board of County Commissioners of the County of Jefferson, […]

In re the Marriage of: John S. Hunt, Petitioner, and Dianna L. Hunt, Respondent. In re the Marriage of: Mark Stephen Raimer, Petitioner, and Melissa Harte-Raimer, Respondent. No. 93SC565, No. 93SC631Supreme Court of Colorado. Decided December 18, 1995 Rehearing Denied (93SC631) January 29, 1996. Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART […]

Richard J. GOFF, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 03PDJ049.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. December 17, 2003 Opinion by a Hearing Board consisting of the Presiding Disciplinary Judge ROGER L. KEITHLEY and Hearing Board members CORINNE MARTINEZ-CASIAS and J.D. SNODGRASS, both members of […]

160 P.2d 364 IRELAND v. HENRYLYN IRRIGATION DISTRICT. No. 15,313.Supreme Court of Colorado. Decided June 18, 1945. An action for damages for the destruction of dams of plaintiff’s reservoirs, alleged to have been occasioned by the negligent operation of defendant’s storage system. Judgment for defendant. Affirmed. 1. WATER RIGHTS — Reservoirs — Spillways. The owner […]

(445 P.2d 220) Davis Vick and Robert Okey v. The People of the State of Colorado. No. 22088.Supreme Court of Colorado. Decided September 16, 1968. Rehearing denied October 7, 1968. Defendants were convicted of “wagering upon games” in Central City and brought error. Affirmed. 1. MUNICIPAL CORPORATIONS — Ordinances — Home Rule — Constitution — […]

(361 P.2d 622) FLORENCE NEWBY TARR v. GEORGE NEWBY, ET AL. No. 19,086.Supreme Court of Colorado. Decided April 24, 1961. Rehearing denied May 22, 1961. Proceeding for construction of will. From ruling of trial court a beneficiary brings error. Reversed. 1. WILLS AND ESTATES — Will — Construction — Words of Limitation. At common law […]

(530 P.2d 961) George A. Hoffman v. King Resources Company d/b/a Denver Airmotive Company No. C-500Supreme Court of Colorado. Decided January 13, 1975. Rehearing denied February 24, 1975. Action for damages to plaintiff’s airplane, alleging that defendant was negligent in designing and constructing the tie-down system and in failing to supply equipment strong enough to […]

The People of the State of Colorado, Plaintiff-Appellee, v. Donald Ray Dennis, Defendant-Appellant. No. 81SA486Supreme Court of Colorado. Decided August 3, 1982. Appeal from the District Court of Mesa County Honorable Charles A. Buss, Judge J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Solicitor General, Laura D. Udis, Assistant Attorney […]

19 P.2d 766 GRISARD, TREASURER v. ROSELAWN CEMETERY ASSOCIATION. No. 12,806.Supreme Court of Colorado. Decided February 27, 1933. Action to enjoin county treasurer from selling alleged exempt property for taxes. Judgment for plaintiff. Affirmed. 1. TAXES AND TAXATION — Exemption — Cemeteries. Cemeteries not used or held for profit are exempt from taxation under existing […]

Great Neck Plaza, L.P., Plaintiff-Appellee, v. Le Peep Restaurants, LLC; Mitchel E. Rhoads; and Rhoads Holding, Ltd., Intervenors-Appellants. No. 00CA1405Colorado Court of Appeals. August 16, 2001 Certiorari Denied January 14, 2002 Arapahoe County District Court No. 99CV3480, Honorable Timothy L. Fasing, Judge JUDGMENT AFFIRMED Page 486 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

(469 P.2d 734) The Geer Company, a Nebraska corporation v. District Court in and for the Tenth Judicial District, State of Colorado, Honorable Jack F. Seavy, District Judge in and for the Tenth Judicial District, State of Colorado, Bollinger Mobile Homes, Inc., a Corporation; Margaret C. Billings. No. 24638.Supreme Court of Colorado. Decided June 1, […]

65 P.2d 1429 ZELLE v. INDUSTRIAL COMMISSION ET AL. No. 14,093.Supreme Court of Colorado. Decided March 1, 1937. Rehearing denied March 22, 1937. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Course of Employment. One employed to drive a truck who was accidentally injured while assisting in the installation […]

198 P.2d 456 NAPHEYS v. NAPHEYS. No. 16,123.Supreme Court of Colorado. Decided September 27, 1948. Rehearing denied October 18, 1948. An action for divorce involving the custody of a minor child; custody was awarded the wife with right of visitation to the husband; subsequently an additional custodial order was entered by the trial court to […]

(407 P.2d 345) Michael A. Coy v. The People of the State of Colorado. No. 21509Supreme Court of Colorado. Decided November 8, 1965. Defendant was convicted of aggravated robbery and conspiracy to commit aggravated robbery and brings error. Affirmed. 1. INDICTMENT AND INFORMATION — Count — Identification — Personal Knowledge — Offense — Rules. Where […]

(272 P.2d 634) B. B. CARTER DRILLING COMPANY v. McELROY. No. 17,291.Supreme Court of Colorado. Decided August 16, 1954. An action to collect an amount of money allegedly due plaintiff under the terms of a drilling contract. Judgment for defendant McElroy on his counterclaim. PER CURIAM. Judgment affirmed en banc without written opinion. Error to […]

(405 P.2d 950) C. Charles Buchler v. The District Court In and For The County of Arapahoe, and The Honorable Marvin W. Foote, Judge of Said Court. No. 21872Supreme Court of Colorado. Decided Decided September 20, 1965, Rehearing denied October 11, 1965. Original proceeding wherein petitioner seeks to prohibit district court from proceeding further in […]

(395 P.2d 221) AILEEN HYNES, ET AL., v. JOHN DONALDSON, ET AL. No. 20512.Supreme Court of Colorado. Decided September 14, 1964. Action for damages alleged to have been sustained in an automobile collision. From a summary judgment granted in favor of defendant corporation, the plaintiffs bring error. Reversed. 1. MASTER AND SERVANT — Negligence — […]

35 P.2d 857 GATES v. HEPP. No. 13,260.Supreme Court of Colorado. Decided July 9, 1934. Action on promissory notes. Judgment of dismissal. Affirmed. 1. APPEAL AND ERROR — Pleading — Complaint — Sufficiency. In passing upon the sufficiency of a complaint attacked by general demurrer, the reviewing court must assume the truth of all facts […]

Nina A. Mentzel and Ricky L. Reid, Plaintiffs-Appellants, v. The Judicial Department of the State of Colorado; Anthony Wernert, the Administrator of the Eighth Judicial District of the State of Colorado; Larimer County Probation Department; John Elliott, the Chief Probation Officer of the Larimer County Probation Department, Defendants-Appellees. No. 88CA0707Colorado Court of Appeals. Decided July […]

(343 P.2d 812) PEOPLE OF THE STATE OF COLORADO, EX REL. DUKE W. DUNBAR, ATTORNEY GENERAL v. SOUTH PLATTE WATER CONSERVANCY DISTRICT, ET AL. No. 18,471.Supreme Court of Colorado. Decided June 22, 1959. Rehearing denied September 14, 1959. Original proceeding in quo warranto challenging the validity of organization of the South Platte Water Conservancy District. […]

40 P.2d 254 HARTFORD ACCIDENT AND INDEMNITY COMPANY v. COLORADO NATIONAL BANK OF DENVER. No. 13,422.Supreme Court of Colorado. Decided December 31, 1934. Action for money had and received. Judgment of dismissal. Affirmed. 1. JUDGMENT — Dismissal — Final. Judgment of dismissal in the instant case, after plaintiff refused to plead further, held final as […]

AEC Industries, LLC, Plaintiff-Appellee, v. Survivor Oil, Inc.; Conrad Ratliff; and Gary Tibbits, Defendants-Appellants. No. 98CA1251Colorado Court of Appeals. November 26, 1999 Certiorari Denied August 21, 2000. Appeal from the District Court of Rio Blanco County, Honorable J.E. DeVilbiss, Judge, No. 94CV4 JUDGMENT AFFIRMED Page 1053 Burns, Wall, Smith and Mueller, P.C., Peter J. Wall, […]

(482 P.2d 375) Jose Esteban Martinez v. The People of the State of Colorado. No. 23550.Supreme Court of Colorado. Decided March 22, 1971. Defendant was convicted of burglary and theft and brought error. Reversed. 1. BURGLARY — Theft — In-Court Identification — Lack — In Camera Hearing — Lineup — Fair — Improper — Prejudicial […]

(390 P.2d 76) NATHANIEL JONES v. THE PEOPLE OF THE STATE OF COLORADO. No. 21,028.Supreme Court of Colorado. Decided March 9, 1964. From denial of his petition for writ of habeas corpus, the petitioner brings error. Affirmed. 1. HABEAS CORPUS — Petition — Unintelligible — Summary Dismissal. Petition for a writ of habeas corpus, amounting […]

Peter Halter, Plaintiff-Appellant, v. Department of Revenue of the State of Colorado, Motor Vehicle Division, Defendant-Appellee. No. 91CA2058Colorado Court of Appeals. Decided February 25, 1993. Rehearing Denied April 22, 1993. Certiorari Denied September 7, 1993 (93SC273). Appeal from the District Court of Boulder County Honorable Virginia L. Chavez, Judge Page 536 Gregg J. Friedman, for […]

Diana K. Churchey, Petitioner, v. Adolph Coors Company, Respondent. No. 86SC183Supreme Court of Colorado. Decided July 5, 1988. Opinion modified and, as modified, Rehearing Denied August 8, 1988. Certiorari to the Colorado Court of Appeals Page 1337 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

(497 P.2d 1023) The People of the State of Colorado, In the Matter of the Petition for Reinstatement of H. Gordon Howard No. 19131Supreme Court of Colorado. Decided May 30, 1972. Original proceedings in discipline in which petitioner, a disbarred attorney, sought reinstatement to the practice of law in the State of Colorado. Petition Denied […]

Laura Smith, Wanda Smith and Jeanette Smith, Petitioners, v. Home Light and Power Company, a Colorado corporation, Respondent. No. 85SC39Supreme Court of Colorado. Decided March 30, 1987. Certiorari to the Colorado Court of Appeals Page 1052 Gerash, Robinson, Miller Miranda, P.C., Scott H. Robinson, for Petitioners. Houtchens, Houtchens and Daniel, Kim R. Houtchens; Kelly, Stansfield […]

(561 P.2d 1266) Curt Fischer v. The District Court for the Eighth Judicial District and Hon. John A. Price, one of the Judges thereof No. 27495Supreme Court of Colorado. Decided March 28, 1977. Original proceeding to prohibit respondent court from enforcing its order denying petitioner’s motion to amend his complaint to add three more defendants. […]

(518 P.2d 288) Stephen H. Burch v. Exploration Data Consultants, Inc., a corporation, Thomas R. LaFehr, Michael J. Hall and Alan T. Herring No. 73-048Colorado Court of Appeals. Decided November 20, 1973. Rehearing denied December 11, 1973. Certiorari denied February 11, 1974. Stockholder action challenging certain corporate activity was dismissed by the trial court on […]

Stephen C. Weston and Suzanne I. Weston, Plaintiffs-Appellees, v. Mincomp Corporation, a Colorado corporation, Defendant-Appellant. No. 83CA0370Colorado Court of Appeals. Decided February 28, 1985. Appeal from the District Court of Arapahoe County Honorable Edward C. Day, Judge Page 275 Calkins, Kramer, Grimshaw Harring, Richard L. Shearer, for Plaintiffs-Appellees. Caplan and Earnest, G. Lane Earnest, Joseph […]

William M. Lansdale, Plaintiff-Appellant, v. H. J. Geerlings, Defendant-Appellee. No. 73-271.Colorado Court of Appeals. Division I. May 29, 1974. Not Selected for Official Publication. The District Court, County of La Plata, Byron V. Bradford, J., entered judgment that plaintiff, suing to quiet title, had no interest in the property and plaintiff Page 134 appealed. The […]

Linda Harvey, Petitioner-Appellant, v. Jefferson County School District No. R-1, Respondent-Appellee. No. 84SA227Supreme Court of Colorado. Decided December 16, 1985. Appeal from Board of Education Jefferson County School District No. R-1 Page 1104 M. Kathryn Bradley, for Petitioner-Appellant. Sherman Howard, William F. Schoeberlein, Mary Volk Gregory, for Respondent-Appellee. EN BANC JUSTICE KIRSHBAUM delivered the Opinion […]

(253 P.2d 965) KELTY v. SWINNEY. No. 16,987.Supreme Court of Colorado. Decided February 16, 1953. An action for damages for the death of plaintiff’s son resulting when he was caught and crushed by an autotruck backing against a granite wall. Judgment of dismissal. Affirmed. 1. ACTIONS — Damages — Negligence. In an action for damages […]

(91SC28) Yong Ok Lee, Petitioner, v. Theresa Bettale and Larry Narvaez, Respondents, and (91SC9) Jon Lorentz and Donna Lorentz, individually and d/b/a Lorentz Trucking and JB Trucking Company, Petitioners, v. Kay Disner, Respondent, and (91SC315) Kathleen E. Lilley, Petitioner, v. Rosalie A. Anderson, Respondent. No. 91SC28 No. 91SC9 No. 91SC315Supreme Court of Colorado. Decided April […]

Ronald Lee Smith, Plaintiff-Appellant, v. Robert Furlong, Carol Soares and Mary Cox, Defendants-Appellees. No. 98CA0636.Colorado Court of Appeals. March 4, 1999. Appeal from the District Court of Lincoln County, Honorable Norman L. Arends, Judge, No. 97CV8. ORDER AFFIRMED. Ronald Lee Smith, Pro Se. Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, […]

William Johnson, Petitioner, v. John J. McDonald, Gary B. Rose, Individually and as members of the Industrial Commission of the State of Colorado, The Industrial Commission of the State of Colorado, Charles McGrath, The Director of the Division of Labor of the State of Colorado and Beatrice Foods, Inc., Respondents. No. 83CA1319Colorado Court of Appeals. […]

Sheila Rae Heller, Plaintiff-Appellee and Cross-Appellant v. The First National Bank of Denver, N.A., individually and as Trustee under Agreement with Reta Bee Heller, Defendant-Appellant and Cross Appellee. No. 80CA0001Colorado Court of Appeals. Decided November 26, 1982. Page 993 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

The People of the State of Colorado v. Honorable Alvin D. Lichtenstein, District Judge, and the District Court in and for the Second Judicial District of the State of Colorado No. 80SA564Supreme Court of Colorado. Decided April 20, 1981. Rehearing denied May 11, 1981. Original Proceeding Page 71 Dale Tooley, District Attorney, O. Otto Moore, […]

(215 P.2d 317) MERKOWITZ v. MAHONEY. No. 16,129.Supreme Court of Colorado. Decided November 21, 1949. Rehearing denied February 27, 1950. An action in forcible entry and detainer. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Fact Findings. “It is elementary that the resolution of questions relating to the credibility of witnesses and the weight […]

The People of the State of Colorado, Plaintiff-Appellee, v. Billy Beamer, Defendant-Appellant. No. 82CA0430Colorado Court of Appeals. Decided May 19, 1983. Rehearing Denied June 23, 1983. Appeal from the District Court of Fremont County Honorable Howard Purdy, Judge Page 991 J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Assistant Attorney […]

SAFECO INSURANCE COMPANY, Plaintiff-Appellant, v. WESTPORT INSURANCE CORPORATION and Horace Mann Insurance Company, Defendants-Appellees. No. 08CA1961.Colorado Court of Appeals. July 9, 2009. Appeal from the District Court, Garfield County, Denise K. Lynch and T. Peter Craven, JJ. Anstine, Hill, Richards and Simpson, Jeffrey J. Richards, Denver, Colorado, for Plaintiff-Appellant. James R. Alvillar and Associates, James […]

(355 P.2d 83) COLORADO ANTI-DISCRIMINATION COMMISSION, ET AL. v. CONTINENTAL AIR LINES, INC. No. 19,215.Supreme Court of Colorado. Decided August 15, 1960. Rehearing denied September 19, 1960. Review of proceedings instituted before Anti-Discrimination Commission. From orders of dismissal the Commission brings error. Writ of Error Dismissed and Cause Remanded. 1. LABOR RELATIONS — Anti-Discrimination Commission […]

The People of the State of Colorado v. Allan P. Scott No. 79SA563Supreme Court of Colorado. Decided March 30, 1981. Opinion modified and as modified rehearing denied May 11, 1981. Appeal from the District Court of the City and County of Denver, Honorable Gilbert Alexander, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, […]

Colorado Department of Revenue, Alan Charnes, as Director of the Department of Revenue, and R. Pherson, A Hearing Officer of the Department of Revenue, Motor Vehicle Division, Petitioners, v. James C. McBroom, Jr., Respondent. No. 86SC416Supreme Court of Colorado. Decided April 25, 1988. Certiorari to the Colorado Court of Appeals Page 240 Duane Woodard, Attorney […]

(565 P.2d 952) Radiology Professional Corporation, a Colorado corporation v. Trinidad Area Health Association, Inc., a Colorado non-profit corporation, Stanley H. Biber, Gloria Skufca, Hanns Schwyzer and Guidaldo Jimenez No. 76-056Colorado Court of Appeals. Decided March 3, 1977. Rehearing denied March 31, 1977. Certiorari granted June 13, 1977. Action by radiological service alleging that health […]

(575 P.2d 402) In the Matter of the Application for Water Rights of Jerry Bohn in Morgan, County, Colorado v. C. J. Kuiper, State Engineer, State of Colorado No. 27583Supreme Court of Colorado. Decided February 21, 1978. Rehearing denied March 13, 1978. Water court granted a conditional decree for an underground irrigation well. The right […]

Keith D. Minto and Georgina L. Minto, Plaintiffs-Appellees, v. Bill Lambert, Defendant-Appellant. No. 92CA1393Colorado Court of Appeals. Decided October 7, 1993. Rehearing Denied November 12, 1993. Certiorari Denied April 4, 1994. Page 573 Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge Page 574 Nelson, Reid Schwartz, Daniel W. Dean, for […]

Ann deBoer, Plaintiff-Appellant, v. Ute Water Conservancy District, Defendant-Appellee. No. 99CA1725Colorado Court of Appeals. August 31, 2000 Appeal from the District Court of Mesa County, Honorable Amanda D. Bailey, Judge, No. 98CV41. Page 188 JUDGMENT AFFIRMED Golden, Mumby, Summers, Livingston, Kane, LLP, William M. Kane, Grand Junction, Colorado, for Plaintiff-Appellant Kotel and Unkeless, Randy Kotel, […]

In re the Marriage of Carol Ann Aldinger, Appellee and Cross-Appellant, and Douglas A. Aldinger, Appellant and Cross-Appellee. No. 90CA0294Colorado Court of Appeals. Decided June 6, 1991. Appeal from the District Court of Jefferson County Honorable Kenneth E. Barnhill, Judge Page 837 Cox and Mustain-Wood, Mary Jane Truesdell Cox, for Appellee and Cross-Appellant. Law Offices […]

(498 P.2d 1177) Joseph A. Uhl v. Samuel E. Fox and Phillip M. Fox No. 71-190Colorado Court of Appeals. Decided May 9, 1972. Rehearing denied June 6, 1972. Action for breach of written contract was dismissed by trial court on grounds that it was not brought within three-year statute of limitations. Plaintiff appealed. Reversed 1. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Marcus A. Nunez, Defendant-Appellant. No. 89CA0958Colorado Court of Appeals. Decided August 1, 1991. Rehearing Denied August 29, 1991. Certiorari Granted January 27, 1992 (91SC576). Certiorari Granted on the following issues: Whether the court of appeals erred in reversing the trial court for refusing to give respondent’s […]

Beth TESMER and Scott Ronald Orth, Plaintiffs-Appellants, v. COLORADO HIGH SCHOOL ACTIVITIES ASSOCIATION, Defendant-Appellee. No. 05CA2334.Colorado Court of Appeals. April 20, 2006. Appeal from the District Court, Arapahoe County, J. Mark Hannen, J. Page 250 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

22 P.2d 865 WINTEROTH v. INDUSTRIAL COMMISSION ET AL. No. 13,304.Supreme Court of Colorado. Decided May 29, 1933. Proceeding under the Workmen’s Compensation Act. Judgment for defendants. Affirmed. 1. WORKMEN’S COMPENSATION — Findings. Where the evidence before the Industrial Commission is short and undisputed, it may be treated on review as the findings of fact […]

(500 P.2d 127) The People of the State of Colorado v. Matthew Ross No. 24887Supreme Court of Colorado. Decided August 21, 1972. Defendant was convicted of aggravated robbery and conspiracy to commit aggravated robbery and appealed. Affirmed 1. CRIMINAL LAW — Out-of-Court Pretrial Identifications — Suggestive — — Denial of Due Process — Negative. In […]

Patricia L. Stephen, Petitioner, v. City and County of Denver, Respondent. No. 81SC402Supreme Court of Colorado. Decided February 22, 1983. Rehearing denied March 14, 1983. Certiorari to the Colorado Court of Appeals English Thurman, P.C., Daniel Lee English, for petitioner. Max P. Zall, City Attorney, Lloyd K. Shinsato, Assistant City Attorney, for respondent. Colorado Trial […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary for 1999-2000 #258(A) (English Language Education in Public Schools), Jorge L. Garcia and Susan Marie Pacheco, Petitioners, v. Joe F. Chavez, Charles F. King, and Tom Tancredo, Respondents, and William Hobbs, Alan J. Gilbert, and Charles W. Pike, Title Board. No. 00SA163Supreme […]

(439 P.2d 347) Glenn Peter McCoy v. The People in the Interest of a (Minor) Child, upon the Petition of Mary Kay DeCristino, Natural Mother of Said Child, by Don G. DeCristino, Her Next Friend. No. 21783.Supreme Court of Colorado. Decided April 15, 1968. Contributing to dependency proceeding. From a finding that respondent was child’s […]

(264 P.2d 512) GARRIGUES ET AL. v. BEDFORD. No. 17,132.Supreme Court of Colorado. Decided December 14, 1953. An action to recover balance alleged to be due under the terms of a building contract. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Jefferson County, Hon. Joseph […]

Phillip Scharrel and Joyce Scharrel, Plaintiffs-Appellees and Cross-Appellants, v. Wal-Mart Stores, Inc., a Delaware corporation, Defendant-Appellant and Cross-Appellee. No. 95CA1191Colorado Court of Appeals. May 8, 1997 Petition for Rehearing DENIED June 26, 1997 Petition for Writ of Certiorari DENIED January 20, 1998 Appeal from the District Court of the City and County of Denver, Honorable […]

1 P.2d 937 HOPKINS v. THE PEOPLE. No. 12,863.Supreme Court of Colorado. Decided June 29, 1931. Plaintiff in error was convicted of embezzlement. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Venue. A motion for change of venue is addressed to the discretion of the trial judge, which he is presumed to exercise wisely, […]

(534 P.2d 353) Francis L. German, W. P. Moore, Frank A. Mudgett, Jr., Joseph W. Vittum and Dean R. Vanatta, incorporators of the proposed Conifer State Bank v. The Banking Board of the State of Colorado and its individual members, Harry Bloom, Leroy Bacon, Kenneth Baird, Glen Clark, Pierpont Fuller, Robert T. Haver, I. K. […]

(494 P.2d 75) Leo Santistevan, also known as Leo John Santistevan v. The People of the State of Colorado No. 24680Supreme Court of Colorado. Decided February 28, 1972. Defendant was convicted of burglary in the first degree, theft of furniture and conspiracy to commit burglary and theft. Affirmed in Part, Reversed in Part. 1. BURGLARY […]