Category: Colorado Court Opinions

Walgreen Co., an Illinois corporation, Plaintiff-Appellant, v. Alan N. Charnes, Manager of Revenue for the City and County of Denver, State of Colorado, and City and County of Denver, a municipal corporation, Defendants-Appellees. No. 94CA0402Colorado Court of Appeals. Decided July 13, 1995. Opinion Modified, and As Modified, Petition for Rehearing DENIED September 7, 1995. Certiorari […]

(380 P.2d 20) NEIL McFADZEAN, ET AL. v. HULDA J. LOHR, ETC., ET AL. No. 19,925.Supreme Court of Colorado. Decided March 25, 1963. From a decree quieting interests of parties to certain water and ditch rights, the defendants bring error. Affirmed in Part, Reversed in Part. 1. WATER RIGHTS — Courts — Evidence — Equitable […]

The People of the State of Colorado, Plaintiff-Appellee, v. Randy L. Burke, Defendant-Appellant. No. 94CA1856Colorado Court of Appeals. November 7, 1996 Petition for Rehearing DENIED December 27, 1996 Petition for Writ of Certiorari DENIED. June 2, 1997. Appeal from the District Court of Arapahoe County, Honorable Michael L. Bieda, Judge, No. 93CR1176. JUDGMENTS AFFIRMED. Page […]

(533 P.2d 937) Housing Authority of the Town of Limon v. Leo A. Daly Company, Panhandle Testing Lab, Inc., Len Builders, Inc., and Hartford Accident and Indemnity Company No. 74-340Colorado Court of Appeals. Decided January 28, 1975. Rehearing denied February 19, 1975. Certiorari denied April 21, 1975. In damages action premised on alleged negligence in […]

Jason Jacque, a protected and incapacitated person, by and through his Guardian and Conservator, Ann Dyer, Plaintiff-Appellant, v. Public Service Company of Colorado, Defendant-Appellee. No. 93CA0419Colorado Court of Appeals. Decided April 21, 1994. The Opinion was Modified, and As Modified, Petitions for Rehearing DENIED June 30, 1994. Petition for Writ of Certiorari DENIED March 6, […]

(571 P.2d 1109) The People of the State of Colorado v. Ernest Apodaca, Jr., and Frank Perez No. C-1165Supreme Court of Colorado. Decided December 5, 1977. Defendants were convicted of second-degree burglary and felony theft. The court of appeals, 38 Colo. App. 395, 561 P.2d 351, reversed the convictions due to trial court’s failure to […]

Gloria Holliday, individually and as a member of the board of directors of the Regional Transportation District; and Jack McCroskey, individually and as a member of the board of directors of the Regional Transportation District, Plaintiffs-Appellants, v. Regional Transportation District; Robert L. Tonsing, individually and as chairman of the board of directors of the Regional […]

(439 P.2d 40) Henry Charles Attwood v. The People of the State of Colorado. No. 23222.Supreme Court of Colorado. Decided April 1, 1968. Defendant was convicted of conspiracy to commit grand larceny and brought error. Reversed. 1. LARCENY — Instruction — Implications — Possession — Recently Stolen Property — Prejudicial Error. Where court instructed jury […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Timothy Sean FOGARTY, Defendant-Appellant. No. 03CA0294.Colorado Court of Appeals. July 14, 2005. Certiorari Denied January 9, 2006. Appeal from the District Court, Summit County, Edward J. Casias, J. Page 239 John W. Suthers, Attorney General, Karen E. Lorenz, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. David […]

203 P.2d 904 COLORADO SCHOOL OF MINES v. NEIGHBORS ET AL. No. 15,959.Supreme Court of Colorado. Decided March 7, 1949. Claim by a counterclaimant for damages resulting from an alleged breach of contract. Cause Remanded With Instructions. 1. MASTER AND SERVANT — Discharge — Damages. When a servant is discharged without a sufficient legal excuse […]

(537 P.2d 294) The People of the State of Colorado v. John L. York No. 26069Supreme Court of Colorado. Decided June 2, 1975. Defendant was convicted of burglary and theft and appealed. Affirmed 1. CRIMINAL LAW — In-Court Identification — Initial Encounter — Store — Courthouse Corridor — Due Process. In prosecution for burglary and […]

The Board of Social Services of Adams County; the Board of Commissioners of Adams County, State of Colorado; Elaine Valente, Harold Kite and James Nelms, Commissioners thereof; the Department of Social Services of the County of Adams; and Jane Gilman, as social worker and supervisor of defendant county, and individually, Third-Party Plaintiffs-Appellants, v. The Department […]

The People of the State of Colorado, Complainant, v. Marion Ray Baptie, Attorney-Respondent. No. 90SA254Supreme Court of Colorado. Decided September 10, 1990. Original Proceeding in Discipline Page 979 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Attorney-Respondent appearing Pro Se. EN BANC PER CURIAM. [1] This is a disciplinary proceeding in […]

Myron D. Neusteter; Shirley R. Neusteter; Myron D. Neusteter, Jr.; William H. Neusteter; Cynthia N. Auer, individuals; The Neusteter Realty Company; Stetco, Inc.; and The Neusteter Company, Colorado corporations, Petitioners, v. The District Court in and for the City and County of Denver, State of Colorado, The Honorable Roger Cisneros, one of the Judges thereof, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kenneth Maurice McNEELY, III, Defendant-Appellant. No. 06CA2519.Colorado Court of Appeals. May 28, 2009. Appeal from the District Court, Weld County, James F. Hartmann, J. Page 371 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

Industrial Claim Appeals Office and Anthony Edward Pagnotta, Petitioners, v. Mid-Continent Resources, Inc. and State Compensation Insurance Authority, Respondents. No. 88SC353Supreme Court of Colorado. Decided December 4, 1989. Certiorari to the Colorado Court of Appeals Jon C. Thomas, for Petitioner Anthony Edward Pagnotta. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard […]

Harriet Larsen and Charles Larsen v. The Archdiocese of Denver, a Colorado corporation sole No. 80CA0525Colorado Court of Appeals. Decided April 2, 1981. Rehearing denied April 23, 1981. Certiorari denied July 27, 1981. Appeal from the District Court of Adams County, Honorable Dorothy Binder, Judge. John Shanley, Robert N. Trunk, for plaintiffs-appellants. Horan Wegs, P.C., […]

The People of the State of Colorado, Complainant, v. Jerry W. Crist, Attorney-Respondent. No. 97SA325Supreme Court of Colorado. December 2, 1997 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Jerry W. Crist, Pro Se, Sandy, Utah. EN BANC PER CURIAM [1] The […]

Hein Enterprises, Ltd., a Colorado general partnership, and Real Ventures, a Colorado general partnership, Plaintiffs-Appellants, v. San Francisco Real Estate Investors, an unincorporated California business trust, Kinnickinnic Realty Company, a Colorado corporation, Terrydale Realty Trust, an unincorporated Missouri business trust, Robert M. Richmond Commercial Real Estate Company, a Colorado corporation, and Robert M. Richmond, Defendants-Appellees. […]

28 P.2d 814 LEE, RECEIVER v. FIRST STATE BANK OF KEENESBURG. TOLLAND COMPANY v. FIRST STATE BANK OF KEENESBURG. No. 13,154. No. 13,155.Supreme Court of Colorado. Decided December 4, 1933. Rehearing denied January 22, 1934. Contest over rights and interests in a beet crop. Writ of Error Dismissed. 1. APPEAL AND ERROR — Final Judgment. […]

108 P.2d 876 COX v. GODEC. No. 14,682.Supreme Court of Colorado. Decided December 9, 1940. Rehearing denied January 6, 1941. An action in unlawful detainer. Judgment for defendant. Reversed. 1. CONSTITUTIONAL LAW — Justices of the Peace — Jurisdiction. A justice of the peace has no jurisdiction in any case in which the title to […]

(484 P.2d 1257) Interstate Fire Casualty Co., an Illinois corporation v. T. Mitchell Burns, d/b/a T. Mitchell Burns Insurance Agency No. 70-527 (Supreme Court No. 24105)Colorado Court of Appeals. Decided March 9, 1971. Rehearing denied April 6, 1971. Certiorari denied June 1, 1971. Action on errors and omissions insurance policy. From a finding that there […]

50 P.2d 785 HEIMBECHER v. CITY AND COUNTY OF DENVER ET AL. No. 13,554Supreme Court of Colorado. Decided October 14, 1935. Proceeding in mandamus. Judgment dismissing the alternative writ. Reversed. 1. RES JUDICATA — Applicability. Where res judicata is invoked the purpose and scope of the two actions involved must be determined by an examination […]

In the Matter of the Claim of Bryce K. Henricks (Deceased) Joan E. Henricks, Petitioner, v. Industrial Commission of Colorado, an agency of the State of Colorado; Charles McGrath, Director of the Division of Labor; State Compensation Insurance Fund; and Tops Unlimited, Inc., Respondents. No. 83CA0241Colorado Court of Appeals. Decided September 1, 1983. Rehearing Denied […]

Alf TIEZE, Plaintiff-Appellee, v. Allen P. KILLAM and Ruth D. Killam, Defendants-Appellants. No. 04CA2442.Colorado Court of Appeals. January 25, 2007. Appeal from the Summit County District Court, W. Terry Ruckriegle, J. Page 11 Letofsky Dombroski, Steven F. Letofsky, Frisco, Colorado, for Plaintiff-Appellee. Holland Hart LLP, Robert A. Basset, Todd W. Miller, Greenwood Village, Colorado, for […]

Julie Slack and Brett Slack, Petitioners, v. Farmers Insurance Exchange, a California corporation, Respondent. No. 98SC812Supreme Court of Colorado. June 19, 2000 Certiorari to the Colorado Court of Appeals. AFFIRMED AND CASE REMANDED Page 281 Burg, Simpson, Eldredge, Hersh Houlistan, P.C., Michael S. Burg, Diane Vaksdal Smith, Rosemary Orsini, Englewood, Colorado, Attorneys for Petitioners Patterson, […]

Printz Services Corporation, a Colorado corporation d/b/a T.L. Printz Constructors, Plaintiff-Appellee and Cross-Appellant, v. Main Electric, Ltd.; Sprehe Interior Construction, Inc.; Connie J. Sullivan-Brown d/b/a C.J. Masonry, Defendants-Appellants and Cross-Appellees. and Placer Gold, Inc., a Colorado corporation; Rainbow Stew, Inc.; and Joel D. Roberts, Defendants-Appellees and Cross-Appellants, and Southern Group Inc., Defendant. No. 95CA1664, No. […]

Rodney Brett Rule, Plaintiff-Appellee, v. Department of Revenue of the State of Colorado, Motor Vehicle Division, Defendant-Appellant. No. 92CA2047Colorado Court of Appeals. Decided January 27, 1994 Appeal from the District Court of Montezuma County Honorable Grace S. Merlo, Judge, No. 92CV18 JUDGMENT AFFIRMED Page 1167 Kelly R. McCabe, P.C., Kelly R. McCabe, Cortez, Colorado, for […]

Deborrah E. Huddy, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Rocky Mountain News, Respondents. No. 94CA1592Colorado Court of Appeals. Decided March 23, 1995 Review of Order from the Industrial Claim Appeals Office WC No. DD 392294. ORDER AFFIRMED. Page 61 Mark L. Davis, Lakewood, Colorado, for Petitioner. No Appearance […]

(570 P.2d 554) David A. Stefanich, a minor through his father and next friend, Philip Stefanich and Philip Stefanich v. David Martinez and Fred Vidmar, John Vidmar and Florine Vidmar No. 76-305Colorado Court of Appeals. Decided July 21, 1977. Rehearing denied August 18, 1977. Certiorari granted October 24, 1977. Following shooting incident, injured youth brought […]

FAMILY TREE FOUNDATION, Petitioner-Appellee, v. PROPERTY TAX ADMINISTRATOR, Respondent-Appellant, and Board of Assessment Appeals for the State of Colorado, Appellee. No. 04CA0701.Colorado Court of Appeals. June 30, 2005. Faegre Benson, LLP, Karen L. Barsch, Marie E. Williams, Denver, Colorado, for Petitioner-Appellee. John W. Suthers, Attorney General, Larry A. Williams, Assistant Attorney General, Denver, Colorado, for […]

(495 P.2d 213) Frank Elvin Dodge v. The People of the State of Colorado No. 24719Supreme Court of Colorado. Decided April 3, 1972. From judgment of trial court denying relief on his petition for habeas corpus pertaining to question of denial of speedy trial, defendant brought error. Reversed 1. HABEAS CORPUS — Speedy Trial — […]

(616 P.2d 141) A-1 Plumbing and Heating Company, Inc., a Colorado corporation, Meyers Heating and Air Conditioning, City Electric Company of Boulder and Urban’s Carpet Installation Service v. The Thirteenth Street Corporation, a Colorado corporation, and Miles D. Bradfield, Inc., and Kelley-Moore Paint Company, Inc., Boulder Flooring and Tile Company, Mike Jenkins, and David Cleaver […]

51 P.2d 1026 CREWS-BEGGS DRY GOODS COMPANY v. BAYLE. No. 13,601.Supreme Court of Colorado. Decided November 12, 1935. Action for damages for false imprisonment. Judgment for plaintiff. Affirmed. 1. FALSE IMPRISONMENT — Pleading — Complaint. It is essential to the sufficiency of a complaint in an action for false imprisonment that it allege that plaintiff […]

(336 P.2d 721) PEOPLE OF THE STATE OF COLORADO, EX REL. STATE BOARD OF EQUALIZATION, ET AL. v. ALBERT R. HIVELY, ASSESSOR OF ARAPAHOE COUNTY, ET AL. No. 18,871.Supreme Court of Colorado. Decided March 4, 1959. Rehearing denied March 30, 1959. Original proceeding in the nature of mandamus to compel county assessor to comply with […]

Rhinie Brunner, d/b/a Brunner Produce Company, Plaintiff-Appellee, v. Jack D. Horton, d/b/a Horton Horton, Defendant-Appellant. No. 83CA0572Colorado Court of Appeals. Decided May 2, 1985. Appeal from the District Court of Weld County Honorable John J. Althoff, Judge Page 284 Robert C. Burroughs, P.C., Robert C. Burroughs, for Plaintiff-Appellee. Veto and Potter, Anthony H. Veto, for […]

Charles O. Weger, individually and as assignee of Pat O’Neil and Paul O’Neil, d/b/a Craftmaster Interiors, Plaintiff-Appellant and Cross-Appellee, v. United Fire and Casualty Company, Defendant-Appellee and Cross-Appellant. No. 89CA1171Colorado Court of Appeals. Decided July 5, 1990. Appeal from the District Court of the City and County of Denver Honorable Nancy E. Rice, Judge Page […]

The People of the State of Colorado, Complainant, v. Michael Anthony Varallo, Attorney-Respondent. Nos. 94SA145 94SA459Supreme Court of Colorado. Decided February 12, 1996 Petition for Rehearing DENIED March 18, 1996 Page 2 Original Proceedings in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Daniel J. […]

(581 P.2d 301) People of the State of Colorado v. The District Court of the Eighteenth Judicial District in and for The County of Arapahoe, State of Colorado and the Honorable William B. Naugle, one of the Judges thereof No. 27863Supreme Court of Colorado. Decided July 17, 1978. Original proceeding in the nature of prohibition […]

156 P.2d 397 CRUSE, DIRECTOR OF REVENUE ET AL. v. STAYPUT CLAMP AND COUPLING COMPANY No. 15,553Supreme Court of Colorado. Decided February 2, 1945. Rehearing denied February 26, 1945. A proceeding involving the assessment of an income tax against a corporation. Judgment for defendant. Reversed. 1. TAXES AND TAXATION — State Income Tax — Corporations. […]

(511 P.2d 22) The People of the State of Colorado v. Johnny Lee May No. 25451Supreme Court of Colorado. Decided June 4, 1973. Page 30 From the granting of defense motions for judgment of acquittal as to charge of assault with a deadly weapon and simple assault, the People appealed. No Error in Ruling 1. […]

The People of the State of Colorado, Plaintiff-Appellee, Cross-Appellant, v. Geoffrey Christopher Smith, Defendant-Appellant, Cross-Appellee. No. 86SA274Supreme Court of Colorado. Decided May 16, 1988. Rehearing Denied June 6, 1988. Appeal from District Court, Pitkin County Honorable Howard E. Purdy, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

(356 P.2d 241) PEOPLE OF THE STATE OF COLORADO, EX REL THE TOWN OF CHERRY HILLS VILLAGE v. EUGENE CERVI. No. 19,036.Supreme Court of Colorado. Decided October 31, 1960. Writ of error by village to judgment finding defendant not guilty of traffic violation. Writ of Error Dismissed. 1. MUNICIPAL CORPORATIONS — Traffic Violation — Appeal […]

193 P.2d 275 SPURLOCK ET AL. v. JOHNSTON ET AL. No. 15,988.Supreme Court of Colorado. Decided April 19, 1948. Rehearing denied May 10, 1948. An action to quiet title to real property. Judgment for plaintiffs. Affirmed. 1. REAL PROPERTY — Brokers. Where a real-estate broker’s agency to sell property is not exclusive, the owner may […]

Robert Destafano, Plaintiff-Appellant, v. Dennis Grabrian and The Diocese of Colorado Springs, Defendants-Appellees, v. Edna Destafano, Cross-Claimant-Appellant. No. 84CA0973Colorado Court of Appeals. Decided August 7, 1986. Rehearing Denied September 11, 1986. Certiorari Granted Destefano December 2, 1986 (86SC336). Certiorari granted on following issues: Does section 13-20-202, 6 C.R.S. (1983) (the “heart balm statute”) bar an […]

(291 P.2d 688) RICHARD F. HORLBECK, ET AL. v. LEONA WALTHER. No. 17,697.Supreme Court of Colorado. Decided December 12, 1955. Rehearing denied January 16, 1956. Action for treble damages under the 1913 Money Lender’s Act. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Final Judgment — Law of the Case. Where the Supreme Court […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of: B.M., a Child, And Concerning: R.M., Respondent-Appellant. No. 86CA0602Colorado Court of Appeals. Decided April 9, 1987. Appeal from the District Court of Adams County Honorable Richard M. Borchers, Judge Page 46 Rebecca Parker, for Petitioner-Appellee. Carpenter Johnson, P.C., William L. Carpenter, Babette Norton, […]

(354 P.2d 1021) ROBERT G. WARREN v. PEOPLE EX REL. DONALD L. STEWART. No. 19,176.Supreme Court of Colorado. Decided August 29, 1960. Action in nature of quo warranto challenging right of respondent to office of county commissioner. Judgment for relator. Remanded With Directions. 1. APPEAL AND ERROR — Moot Question — Remand. In a quo […]

111 P.2d 892 MOSKO, Individually and as DENVER MOTOR FINANCE COMPANY v. UNION NATIONAL BANK OF DENVER. No. 14,584.Supreme Court of Colorado. Decided March 10, 1941. Action in replevin. Judgment for plaintiff. Affirmed. 1. TRIAL — Evidence — Exclusion. Offered evidence in a case, which is immaterial under the pleadings, is properly excluded. 2. CHATTEL […]

Electrolux Corporation, a Delaware Corporation, Plaintiff-Appellant, v. Allen R. Lawson, K L Distributing Corporation, Ray Rozycke, and Health-Mor, Inc., Defendants-Appellees. No. 81CA0329Colorado Court of Appeals. Decided September 16, 1982. Appeal from the District Court of Weld County, Honorable Jonathan W. Hays, Judge. Page 341 Sherman Howard, Edward W. Nottingham, for plaintiff-appellant. Mosley, Wells Spence, P.C., […]

(221 P.2d 357) ESTATE OF BOYLE. FEENEY ET AL. v. MAHONEY, EXECUTOR ET AL. No. 16,420.Supreme Court of Colorado. Decided May 8, 1950. A proceeding involving the construction of the will of a deceased person. The trial court entered a judgment interpreting the will. Affirmed in Part. Reversed in Part. 1. WILLS — Construction — […]

The PEOPLE of the State of Colorado, Appellant. In the Interest of N.R., a juvenile, now emancipated, Appellee. The People of the State of Colorado, In the Interest of N.R., a juvenile, now emancipated. Nos. 05SA273, 05SA294.Supreme Court of Colorado. June 26, 2006. As Modified on Denial of Rehearing July 31, 2006. Appeal from the […]

The People of the State of Colorado, Plaintiff-Appellant, v. Gordon H. Allen, Defendant-Appellee. No. 86SA150Supreme Court of Colorado. Decided October 13, 1987. Appeal from the District Court, Jefferson County Honorable Ruthanne N. Polidori, Judge David J. Thomas, District Attorney, E. Ronald Beeks, Deputy District Attorney, Donna Skinner Reed, Deputy District Attorney, for Plaintiff-Appellant. David F. […]

145 P.2d 100 OLDE v. THE PEOPLE. No. 15,242.Supreme Court of Colorado. Decided January 10, 1944. Plaintiff in error was found guilty of obtaining money from the public funds of a county “by means of and by use of the confidence game.” Reversed. 1. CRIMINAL LAW — Conspiracy — Statutes. Since the pertinent statute provides […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gregory Evans, Defendant-Appellant. No. 81CA0042Colorado Court of Appeals. Decided June 23, 1983. Rehearing Denied August 4, 1983. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Page 976 J.D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel […]

Anderson Ranch Arts Foundation, Plaintiff-Appellant, v. Property Tax Administrator of the State of Colorado and The Board of Assessment Appeals of the State of Colorado, Defendants-Appellees. No. 84CA1152Colorado Court of Appeals. Decided May 15, 1986. Rehearing Denied June 26, 1986. Certiorari Denied December 15, 1986 (86SC258). Appeal from the District Court of Pitkin County Honorable […]

(601 P.2d 1072) Rosalie Lovato, a/k/a Rosalie Trujillo and Laurence A. Ardell and Mickey W. Smith, as Guardians Ad Litem of Jerry Trujillo v. The District Court in and for the Tenth Judicial District, State of Colorado and the Honorable Donald E. Abram, one of the District Judges in and for the Tenth Judicial District, […]

188 P.2d 886 GREGORICH v. INDUSTRIAL COMMISSION ET AL. No. 15,966.Supreme Court of Colorado. Decided January 5, 1948. A proceeding under the Workmen’s Compensation Act. The judgment of the district court was adverse to claimant. Reversed. 1. WORKMEN’S COMPENSATION — Compensation — Payment. In the instant case, it is held under the attending circumstances that […]

Donna K. Curlin, Plaintiff-Appellee, v. Regional Transportation District and Robert B. Rafferty, Defendants-Appellants. Nos. 98CA0244, 98CA0587.Colorado Court of Appeals. May 27, 1999. Rehearing Denied July 15, 1999. Appeal from the District Court of the City and County of Denver, Honorable Robert S. Hyatt, Judge, No. 97CV6753. ORDERS VACATED AND CAUSE REMANDED WITH DIRECTIONS Page 179 […]

(483 P.2d 988) The J. R. Watkins Company, a foreign corporation v. Ralph Edward Smith, Loran R. Schrepel, Ruby G. Schrepel and William H. Bloskas No. 71-038 (Supreme Court No. 24335)Colorado Court of Appeals. Decided April 6, 1971. Action on guaranty contract. Plaintiff, dissatisfied with amount of judgment, appealed. Reversed 1. DEPOSITIONS — Established — […]

(292 P.2d 968) O. L. MILLER, ET AL v. LILLIAN HEPNER, ET AL. No. 17,619.Supreme Court of Colorado. Decided October 10, 1955. Review of order of trial court assessing costs in corporate receivership proceedings. Judgment Modified and Affirmed 1. CORPORATIONS — Receivers — Equity — Dissolution. In the absence of a permissive statute, courts of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose Albert HEREDIA, Defendant-Appellant. No. 04CA0115.Colorado Court of Appeals. May 19, 2005. As Modified on Denial of Rehearing June 16, 2005.[*] Certiorari Granted November 7, 2005. [*] Russel, J., would GRANT. Appeal from the District Court, City and County of Denver, Gloria A. Rivera, J. Page […]

The Town of Frederick, The City of Fort Lupton, The Weisner Subdivision Preservation Association, Melvin Potter, Edward Quinlan, Ferne Skidmore and Barbara Hernandez v. Colorado Water Quality Control Commission, Colorado Water Quality Control Division and The City of Northglenn No. 80CA0421Colorado Court of Appeals. Decided December 26, 1980. Rehearing denied January 22, 1981. Certiorari granted […]

Michelle Snyder, Appellant, v. Jefferson County School District R-1 and The Board of Education of Jefferson County School District R-1, Appellees. No. 89CA0116Colorado Court of Appeals. Decided May 23, 1991. Rehearing Denied July 25, 1991. Certiorari Granted January 13, 1992 (91SC502). Page 841 Cross-Petition for Certiorari Denied (Jeffco School District). Certiorari Granted on the following […]

International Technical Instruments, Inc., a Colorado corporation, Plaintiff-Appellee, v. Engineering Measurements Company, a Colorado corporation, Defendant and Third-Party Plaintiff-Appellant, v. Jack R. Baird, Third-Party Defendant-Appellee. No. 80CA1218Colorado Court of Appeals. Decided August 18, 1983. Rehearing Denied September 15, 1983. Certiorari Denied March 5, 1984. Page 559 Appeal from the District Court of Boulder County Honorable […]

STATE of Colorado; Gale Norton, in her official capacity as Attorney General of the State of Colorado; Department of Revenue of the State of Colorado; Renny Fagan, in his official capacity as Executive Director, Department of Revenue; Dee Hartman, in his official capacity as Director, Division of Motor Vehicles, Department of Revenue; Larry D. Huls, […]

(235 P.2d 994) FIDELITY FINANCE CO. v. GROFF ET AL. No. 16,722.Supreme Court of Colorado. Decided September 10, 1951. An action to cancel a note and mortgage. Judgment for plaintiffs. Cause Remanded with Directions. 1. PRACTICE AND PROCEDURE — Judgments — Vacation. Under a pertinent Colorado rule of civil procedure, “motions to relieve a party […]

(348 P.2d 372) GILBERT MARSHALL, ET AL. v. CHECKER CAB COMPANY, ET AL. No. 18,012.Supreme Court of Colorado. Decided December 7, 1959. Rehearing denied February 1, 1960. Class action for an accounting. From a judgment entered in accordance with master’s findings and report, the plaintiffs bring error. Affirmed. 1. CONTRACTS — Radio Permit — Ownership […]

(412 P.2d 543) John M. Boyle, v. Mrs. A. W. Culp, Et Al. No. 21845Supreme Court of Colorado. Decided March 21, 1966. Action by plaintiff to compel county treasurer to issue tax deed to him as holder of tax certificate upon certain lands. From a summary judgment in favor of defendant, plaintiff brings error. Affirmed. […]

In re the Marriage of Cindi L. Etcheverry, f/k/a Cindi L. Pratt, Appellant, and Leslie J. Pratt, Respondent, and Concerning Catherine Burkey, Appellee. No. 95CA1208Colorado Court of Appeals. Decided June 27, 1996 Appeal from the District Court of Mesa County, Honorable David A. Bottger, Judge, No. 93DR31. ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page […]

555 P.2d 1151 The People of the State of Colorado v. Danny Rue Sexton No. 26453Supreme Court of Colorado. Decided November 1, 1976. Rehearing denied November 22, 1976. Defendant was convicted of two counts of vehicular homicide and two counts of vehicular assault and appealed. Affirmed 1. MOTOR VEHICLES — Vehicular Homicide — Vehicular Assault […]

1 P.2d 101 CLUNE v. MERCEREAU. No. 12,491.Supreme Court of Colorado. Decided June 15, 1931. Action for damages resulting from an automobile accident. Judgment of nonsuit. Affirmed. 1. EVIDENCE — Automobiles — Negligence. It is common knowledge among autoists that cars sometimes stall on a steep grade in shifting from intermediate to low gear; proof […]

The People of the State of Colorado, Plaintiff-Appellee, v. Willie Dunton, Defendant-Appellant. No. 92CA0210Colorado Court of Appeals. Decided February 24, 1994. Petition of Plaintiff-Appellee GRANTED, and Opinion Modified March 24, 1994; Petition of Defendant-Appellant DENIED. Petition for Writ of Certiorari GRANTED October 11, 1994. Appeal from the District Court of the City and County of […]

Wackenhut Corporation and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Patricia A. Hermann, Respondents. No. 97CA0726Colorado Court of Appeals. December 11, 1997 Rehearing Denied January 15, 1998 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, […]

Leland Ray Smith, II v. The State of Colorado, Department of Revenue, Motor Vehicle Division No. 80CA0309Colorado Court of Appeals. Decided October 9, 1980. Rehearing denied October 30, 1980. Certiorari granted February 9, 1981. Publication effected February 16, 1982, pursuant to C.A.R. 35(f). Appeal from the District Court of Moffat County, Honorable Claus J. Hume, […]

Petitioners-Appellants: John E. Archibold; Harry A. Galligan, Jr.; Edythe S. Miller; and John B. Stuelpnagel, v. Respondents-Appellees: The Public Utilities Commission of the State of Colorado; and Raymond L. Gifford, Robert J. Hix, and Polly Page, Commissioners thereof in their official capacity; and U S West Communications, Inc. n/k/a Qwest Communications International, Inc. No. 01SA414.Supreme […]

(276 P.2d 983) ARGYS ET AL. v. McGLOTHLEN ET AL. No. 17,359.Supreme Court of Colorado. Decided November 22, 1954. Rehearing denied December 13, 1954. An action on accounting. Judgments for plaintiffs. Judgment Modified and Cause Remanded With Directions 1. CONTRACTS — Business — Vendor and Purchaser. Where a “person who agrees to sell and convey […]

Shirley S. Hoffman, Plaintiff-Appellee, v. Larry A. Schafer, Defendant-Appellant. No. 89CA0980Colorado Court of Appeals. Decided February 14, 1991. Rehearing Denied March 14, 1991. Certiorari Granted September 9, 1991 (91SC225). Certiorari Granted on the following issues: Whether the trial court’s instruction to the jury on the respondent’s preexisting condition (a “thin skull” or “eggshell” instruction) is […]

Weyerhauser Company (Everitt Lumber Division), a Washington corporation, Plaintiff-Appellant, v. Colorado Quality Research, Inc., a Colorado corporation,; Home Federal Savings Loan Association of the Rockies; Gerald L. Jantz, d/b/a Jantz Construction, Inc., Defendants-Appellees. No. 87CA1655Colorado Court of Appeals. Decided February 23, 1989. Rehearing Denied March 23, 1989. Certiorari Denied August 7, 1989 (89SC220). Appeal from […]

Quinton R. Maxwell and Margaret V. Maxwell v. District Court in and for the County of Arapahoe, State of Colorado, Eighteenth Judicial District, and the Honorable Charles A. Friedman No. 81SA380Supreme Court of Colorado. Decided February 1, 1982. Original Proceeding Page 932 Richard D. Gilson, for petitioners. Quiat Dice Associates, Judith Ward Mattox, for respondents. […]

(225 P.2d 52) STENDER v. CUNNINGHAM, ADMINISTRATOR. No. 16,452.Supreme Court of Colorado. Decided November 6, 1950. Rehearing denied December 4, 1950. An action involving the probate of the will of a deceased person. Judgment was entered denying probate. Reversed. 1. WITNESSES — Competency — Statutes. In proceedings for the probate of a will, cross-examination of […]

(554 P.2d 718) Ronald J. Palipchak and Laura L. Palipchak v. Kent Construction Company No. 75-776Colorado Court of Appeals. Decided July 22, 1976. In action to recover money deposited by plaintiffs in anticipation of purchasing a townhouse from defendant, trial court entered summary judgment for plaintiffs, and defendant appealed. Reversed 1. CONTRACTS — Ambiguity — […]

Ronald Southard, Arkansas Valley Aviation, Petitioners-Appellants, v. Board of Equalization, Chaffee County, Respondent-Appellee, and Colorado State Board of Assessment Appeals, Appellee. No. 98CA1295Colorado Court of Appeals. July 8, 1999 Petition for Rehearing DENIED, August 26, 1999 Appeal from the Colorado State Board of Assessment Appeals No. 32450. ORDER AFFIRMED Page 209 John M. Cogswell Law […]

The People of the State of Colorado, Plaintiff-Appellee, v. James L. Johnson, Defendant-Appellant. No. 82CA0888Colorado Court of Appeals. Decided November 10, 1983. Rehearing Denied December 8, 1983. Appeal from the District Court of the City and County of Denver Honorable Leonard P. Plank, Judge Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard […]

(518 P.2d 1172) Elva L. Camden, as Executrix of the Estate of Daisy C. Todd, Deceased, and in her individual capacity v. The People of the State of Colorado; John P. Moore, Attorney General for the State of Colorado; and Neil Tasher, Colorado Inheritance Tax Commissioner No. 25927Supreme Court of Colorado. Decided February 11, 1974. […]

(277 P.2d 526) NEWMYER ET AL. v. WRIGHT. No. 17,313.Supreme Court of Colorado. Decided December 13, 1954. An action for damages allegedly resulting from the use of the real property. Judgment for defendant. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Saguache County. Hon. George H. Blickhahn Judge. […]

87 P.2d 1114 BELCARO REALTY INVESTMENT COMPANY ET AL. v. NORTON. No. 14,178.Supreme Court of Colorado. Decided February 20, 1939. Action for damages for personal injuries. Judgment for plaintiff. Affirmed. 1. MUNICIPAL CORPORATIONS — Streets — Liability for Injuries. It is the duty of a city to maintain its streets in a reasonably safe condition […]

(565 P.2d 1343) Evert Owen Litsey v. The District Court in and for the Twenty-First Judicial District and State of Colorado, and William M. Ela, one of the judges thereof No. 27548Supreme Court of Colorado. Decided June 27, 1977. Original proceeding by defendant, a convicted habitual criminal, to require the district court, in proceeding on […]

The People of the State of Colorado, Complainant, v. Douglas Scott Rouse, Attorney-Respondent. No. 91SA136Supreme Court of Colorado. Decided September 16, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Attorney-Respondent not appearing. EN BANC PER CURIAM [1] In this disciplinary proceeding, the respondent, Douglas Scott Rouse, […]

120 P.2d 205 HANDLER v. GORDON DOING BUSINESS AS GORDON CONSTRUCTION COMPANY. No. 14,720.Supreme Court of Colorado. Decided November 10, 1941. Plaintiff in error was adjudged guilty of contempt of court and sentenced to serve a term in the county jail. Judgment Reversed Conditionally. 1. CONTEMPT — Judgment — Recital of Facts — Appeal and […]

(260 P.2d 941) JOURNEYMEN BARBERS, HAIRDRESSERS, COSMETOLOGISTS, AND PROPRIETORS INTERNATIONAL UNION OF AMERICA, LOCAL UNION NO. 205 v. INDUSTRIAL COMMISSION. No. 16,885.Supreme Court of Colorado. Decided August 24, 1953. An action by the Industrial Commission to enforce its findings of fact and orders involving a labor contract. Judgment for plaintiff. Affirmed. 1. LABOR — Unions […]

63 P.2d 447 CITY AND COUNTY OF DENVER v. BOETTCHER ET AL. No. 13,817.Supreme Court of Colorado. Decided December 7, 1936. Suit to recover taxes paid under an alleged erroneous assessment. Judgment for plaintiff. Reversed. 1. PARTIES TO ACTIONS — judgment. A corporation may not be bound by the judicial determination of an issue concerning […]

Antonio Nunez, Petitioner, v. The People of the State of Colorado, Respondent. No. 85SC15Supreme Court of Colorado. Decided May 26, 1987. Certiorari to the Colorado Court of Appeals Page 423 Karp Dodge, Sander N. Karp, Shelley P. Dodge, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor […]

In Re: Plaintiff: PEOPLE of the State of Colorado, v. Defendant: Thomas Robert WEISS. No. 05SA227.Supreme Court of Colorado. April 24, 2006. Appeal from the District Court, Adams County, Harlan Bockman, J. Page 1181 Don Quick, District Attorney, 17th Judicial District Michael J. Milne, Senior Deputy District Attorney, Brighton, for Petitioner. David S. Kaplan, Colorado […]