Category: Colorado Court Opinions

(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 […]

Southwest Catholic Credit Union, organized and existing under the laws of the State of Colorado, Plaintiff-Appellee, v. Alan N. Charnes, Executive Director, Department of Revenue, State of Colorado, and the State of Colorado, Defendants-Appellants. No. 82CA0315Colorado Court of Appeals. Decided November 26, 1982. Rehearing denied January 13, 1983. Certiorari Denied June 27, 1983. Appeal from […]

(300 P.2d 523) HAROLD J. HEAFER v. O. L. GATHERS. No. 17,832.Supreme Court of Colorado. Decided August 13, 1956. Action by garageman against customer for rental of automobile. Judgment for plaintiff. Reversed and Remanded With Directions. 1. EVIDENCE — Accounts — Admissibility. A penciled counter slip, being one of three copies admittedly made at the […]

(453 P.2d 599) William G. Schust v. Alton L. Perington and Lee T. Richardson. No. 22419.Supreme Court of Colorado. Decided April 28, 1969. Action by plaintiff to recover a specific sum of money alleged to be due and owing from defendants under the terms of an oral contract. Judgment for defendants. Reversed. 1. CONTRACTS — […]

FARMERS INSURANCE EXCHANGE, a reciprocal insurance exchange organized and existing pursuant to the laws of California, Plaintiff-Appellee, v. Jeffery ANDERSON, a Colorado individual, as natural maternal grandfather and co-conservator of Cole Naeve, a Colorado individual; Tamara Anderson, a Colorado individual, as natural aunt and co-conservator of Cole Naeve, a Colorado individual; and Brittah Klug, a […]

The Board of County Commissioners of the County of La Plata, State of Colorado, Plaintiff-Appellant, v. The Board of Adjustment of the City of Durango, Colorado; the City Council of the City of Durango; the City of Durango, Colorado, a municipal corporation; Cliff Bilyeu, in his official capacity as the Building Inspector for the City […]

The People of the State of Colorado, Plaintiff-Appellee, v. Antonio S. Farrell, Defendant-Appellant. No. 97CA2236Colorado Court of Appeals. February 17, 2000 Appeal from the District Court of Adams County, Honorable Philip F. Roan, Judge, No. 96CR1955 Page 673 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 674 Ken Salazar, Attorney General, Laurie A. Booras, Assistant […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert Allen Schoondermark, Defendant-Appellant. No. 83CA0851Colorado Court of Appeals. Decided October 24, 1985. Rehearing Denied November 21, 1985. Certiorari Granted People April 7, 1986 (85SC503). Appeal from the District Court of Larimer County Honorable J. Robert Miller, Judge Page 505 Duane Woodard, Attorney General, Charles B. […]

Denver Parents Association, a Colorado association; Luke and Celia Ealy, in their own behalf and on behalf of their minor children, Assabuur Ealy, Ain Ealy, Luke Ealy, Jr., Jamilia Ealy and Mayisha Ealy, et al., (A full caption listing more than 3400 parties is on the original opinion at the office of the Clerk of […]

John Wesley Lacy, Petitioner, v. The People of the State of Colorado, Respondent. No. 87SC262Supreme Court of Colorado. Decided April 24, 1989. Rehearing Denied June 5, 1989. Certiorari to the Colorado Court of Appeals. Page 2 David F. Vela, State Public Defender, Judy Fried, Deputy State Public Defender, for Petitioner. Duane Woodard, Attorney General, Charles […]

VALLEY BANK AND TRUST COMPANY, a Nebraska corporation, Plaintiff-Appellee, v. HOLYOKE COMMUNITY FEDERAL CREDIT UNION, Defendant-Appellant. No. 04CA0200.Colorado Court of Appeals. August 25, 2005. Appeal from the District Court, Phillips County, Michael K. Singer, J. Rothgerber Johnson Lyons LLP, Brent R. Cohen, Stephen E. Csajaghy, Denver, Colorado, for Plaintiff-Appellee. Alvin R. Wall, Holyoke, Colorado, for […]

(290 P.2d 1105) RICHARD L. BROWN v. WILLIAM MOYLE, SR., ET AL. No. 17,523.Supreme Court of Colorado. Decided December 12, 1955. Action against motorist for damages for wrongful death. Judgment for plaintiffs. Reversed and Remanded with Directions. 1. AUTOMOBILES — Trial — Conflicting Evidence. In an action against a motorist for the wrongful death of […]

Flagstaff Enterprises Construction, Inc., Plaintiff-Appellee, v. Theodore P. Snow and Constance M. Snow, Defendants-Appellants. No. 94CA1205Colorado Court of Appeals. Decided November 9, 1995 Appeal from the District Court of Boulder County Honorable Edward E. Carelli, Judge No. 92CV1531 JUDGMENT AFFIRMED Page 1184 Hutchinson Black Cook, L.L.C., C. Brad Peterson, Boulder, Colorado, for Plaintiff-Appellee. Stone, Sheehy, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kevin TURLEY, Defendant-Appellant. No. 03CA0845.Colorado Court of Appeals. Division IV. October 21, 2004. Certiorari Denied April 18, 2005.[*] [*] Justice KOURLIS does not participate. Appeal from the District Court, Routt County, Michael A. O’Hara, III, J. Ken Salazar, Attorney General, Matthew D. Grove, Assistant Attorney General, […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of E.H. and S.W., Children, and Concerning B.W. n/k/a B.S., Respondent-Appellant, and R.H., Respondent-Appellee. No. 91CA0448Colorado Court of Appeals. Decided May 21, 1992. Rehearing Denied June 18, 1992. Certiorari Denied October 13, 1992 (92SC450). Appeal from the District Court of Morgan County Honorable Douglas […]

(239 P.2d 312) ZIEGLER ET AL. v. HAM. No. 16,659.Supreme Court of Colorado. Decided December 24, 1951. An action for damages for fraud and deceit. Judgment for defendant. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of the City and County of Denver, Hon. Robert W. Steele, Judge. Mr. […]

102 P.2d 901 MILLIKIN, Executrix of the Estate of SCHUYLER v. THE PEOPLE No. 14,434.Supreme Court of Colorado. Decided March 4, 1940. Rehearing denied May 6, 1940. A proceeding involving the applicability of the state inheritance and succession tax law. The trial court held the transfer of the property involved taxable under the statute. Affirmed. […]

(568 P.2d 98) In re the Marriage of: Rosanna Darlene Thompson and James B. Thompson No. 76-355Colorado Court of Appeals. Decided June 9, 1977. Rehearing denied June 30, 1977. Certiorari granted September 6, 1977. Certiorari dismissed on stipulation of parties December 21, 1977 In dissolution of marriage action, husband appealed from order for distribution of […]

(512 P.2d 454) The People of the State of Colorado v. John A. Hucal No. 25602Supreme Court of Colorado. Decided August 20, 1973. Crim. P. 35(b) motion seeking to have his conviction of theft set aside on the grounds that the theft statute is unconstitutionally vague on its face. District court denied the motion and […]

Redfield Scope Company and Royal Globe Insurance Co., Petitioners, v. The Industrial Commission of the State of Colorado, Josie R. Collins, and Potomac Insurance Co., Respondents. No. 83CA0876Colorado Court of Appeals. Decided March 29, 1984. Rehearing Denied April 19, 1984. Certiorari Granted October 9, 1984. Review of Order from the Industrial Commission of the State […]

177 P.2d 549 QUIER v. RICKLY ET AL. No. 15,829.Supreme Court of Colorado. Decided February 3, 1947. An action to obtain a declaratory judgment determining the status and rights of parties engaged in the cleaning and dyeing business. Judgment for defendants. Affirmed. 1. PARTNERSHIP — Accounting — Appeal and Error. In an action to procure […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jose Luis Gonzales, a/k/a Fernando Mendoza-Subiate, Defendant. And Concerning: Sharon Lucero and Continental Surety and Fidelity Insurance Company, a Colorado corporation, Appellants. No. 85CA0911Colorado Court of Appeals. Decided June 4, 1987. Rehearing Denied July 16, 1987. Certiorari Denied People October 5, 1987 (87SC280). Appeal from the […]

(488 P.2d 66) The People of the State of Colorado, ex rel.; Union Trust Company, a Colorado Corporation, on behalf of itself and all others similarly situated v. The Superior Court in and for the City and County of Denver, The Honorable Charles E. Bennett, Superior Court Judge. No. 23881.Supreme Court of Colorado. Decided August […]

The People of the State of Colorado, Plaintiff-Appellee, v. Pete James Cummings, Defendant-Appellant. No. 86CA0163Colorado Court of Appeals. Decided June 2, 1988. Opinion Modified, and As Modified, Rehearing Denied June 30, 1988. Rehearing Denied September 29, 1988. Certiorari Granted Cummings February 6, 1989 (88SC368). Appeal from the District Court of Adams County Honorable Philip F. […]

(431 P.2d 765) Raymond Pedro Martinez v. The People of the State of Colorado. No. 22688.Supreme Court of Colorado. Decided September 18, 1967. Defendant was convicted of burglary, conspiracy to commit burglary, larceny, and conspiracy to commit larceny and brought error. Reversed. 1. INDICTMENT AND INFORMATION — Court — Break and Enter — Intent — […]

The People of the State of Colorado, Complainant, v. Kenneth A. Senn, Attorney-Respondent. No. 91SA279Supreme Court of Colorado. Decided February 10, 1992. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. Michael D. Gross, for Attorney-Respondent. Page 823 EN BANC PER CURIAM [1] A hearing panel of the […]

(362 P.2d 574) JOHN M. TORRENCE, ET AL., COUNTY COMMISSIONERS, ETC. v. KENNETH S. JOHNSON. No. 19,645.Supreme Court of Colorado. Decided June 5, 1961. From a judgment ordering issuance of a liquor license the county commissioners brings error. Reversed. 1. INTOXICATING LIQUOR — License — Denial — Licensing Authority — Discretion — Needs of Community. […]

State Farm Mutual Automobile Insurance Company, a Colorado corporation; P.C.M.T. Partnership, a Colorado general partnership; Tishman West Management Corporation, a California corporation; Martin Marietta Corporation, a Maryland corporation; and ROC-Denver, Inc., a Delaware corporation, Plaintiffs-Appellants, v. The City of Lakewood, The City of Lakewood City Council; Dorothy Wisecarver, Hugh Campbell, William Coppock, Carolyn Bacher, Norman […]

Richard Stevens; M.T. Notestine; Karen J. Notestine, n/k/a Karen J. Gulkin; T.D. Notestine; and R.T. Notestine, Plaintiffs-Appellees, v. Robert D. Mannix and Frances K. Mannix, Defendants-Appellants. No. 02CA1809.Colorado Court of Appeals. Division III. August 14, 2003. Gunnison County District Court No. 00CV0115; Honorable J. Steven Patrick, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page […]

Bruce E. Smith, Plaintiff-Appellee, v. El Paso Gold Mines, Inc., Defendant-Appellant. No. 83CA1475Colorado Court of Appeals. Decided December 26, 1985. Rehearing Denied January 23, 1986. Certiorari Denied June 2, 1986 (86SC66). Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Ranson, Thomas, Cook Livingston, Richard P. Ranson, Ann P. Pitinga, […]

John Wittemyer and Nancy Jean Wittemyer, Plaintiffs-Appellees, v. David L. Cole, Defendant-Appellee, and Conrad E. Shuberth, d/b/a C.C.R. Associates, Defendant-Appellant. No. 83CA0980Colorado Court of Appeals. Decided July 26, 1984. Rehearing Denied August 16, 1984. Appeal from the District Court of Eagle County Honorable William L. Jones, Judge Hurth, Yeager Sisk, John M. Yeager for Plaintiffs-Appellees. […]

Pueblo Bancorporation, a Colorado corporation, Petitioner, v. Lindoe, Inc., a Colorado corporation, Respondent. No. 01SC645.Supreme Court of Colorado. En Banc. January 21, 2003. Rehearing Denied February 24, 2003.[*] [*] Justice KOURLIS, Justice MARTINEZ and Justice COATS would grant the Petition. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 00CA1777 JUDGMENT AFFIRMED […]

Byron G. Jarnagin, Nada D. Jarnagin, Douglas A. Jarnagin, Linda D. Jarnagin, Dale E. Jarnagin, and Jarnagin Farms, Inc., a Colorado general partnership, Plaintiffs-Appellees and Cross-Appellants, v. Busby, Inc., a Colorado corporation in good standing, and Lyle W. Busby, Defendants-Appellants and Cross-Appellees. No. 91CA2050 No. 92CA0486 No. 92CA0487Colorado Court of Appeals. Decided July 15, 1993. […]

(495 P.2d 551) Larry G. Maynes v. The People of the State of Colorado No. 23787Supreme Court of Colorado. Decided April 3, 1972. Defendant was convicted of robbery of a liquor store and brought error. Affirmed 1. ROBBERY — Liquor Store — Contention — Denial of Speedy Trial — Lack of Merit — Delay — […]

(263 P.2d 315) SHORE v. DENVER BUILDING AND CONSTRUCTION TRADES COUNCIL ET AL. No. 16,936.Supreme Court of Colorado. Decided November 9, 1953. An action for injunction and damages for alleged illegal picketing of a highway construction project. Judgment of dismissal. Reversed. 1. TRIAL — Judgments.”Motions for judgment based upon opening statements of counsel should be […]

The People of the State of Colorado, Petitioner, v. Jack Eugene Fleming, Respondent. No. 90SC627Supreme Court of Colorado. Decided September 23, 1991. Rehearing Denied October 21, 1991. Certiorari to the Colorado Court of Appeals. Page 986 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Robert M. […]

(565 P.2d 920) Alban Jack Westlund and Loleta E. Westlund, and Board of County Commissioners of Mesa County, Colorado v. Honorable James J. Carter, Judge, Twenty-First Judicial District, State of Colorado No. 27522Supreme Court of Colorado. Decided April 25, 1977. Petitioners, owners of real property, seek relief in the nature of prohibition. Rule to show […]

The People of the State of Colorado, Plaintiff-Appellee, v. Timothy Moses, Defendant-Appellant. No. 01CA0293.Colorado Court of Appeals. Division V. September 26, 2002. Certiorari Denied March 10, 2003. Teller County District Court No. 00CR108; Honorable David D. Parrish, Judge ORDER AFFIRMED Page 905 Ken Salazar, Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, for […]

(460 P.2d 780) Gypsum Aggregates Corporation v. Joseph H. Lionelle, et al. No. 22455.Supreme Court of Colorado. Decided November 10, 1969. Action by plaintiff seeking a declaration that it had the only valid claim to certain gypsiferous deposits and defendant by answer asserted his ownership and right to possession of the deposit in question. Judgment […]

Walter Henley v. John A.F. Wendt, a/k/a John A.F. Wendt, Jr. No. 81CA0921Colorado Court of Appeals. Decided January 7, 1982. Appeal from the District Court of Pitkin County, Honorable Gavin D. Litwiller, Judge. Schenk Kerst, William J. DeWinter, for plaintiff-appellee. Dorothy N. Wendt, for defendant-appellant. Page 272 Division III. Opinion by JUDGE STERNBERG. [1] This […]

Marjorie Baker, Plaintiff-Appellant, v. Elizabeth Young and Glynnis Jane Gartside, Defendants-Appellees. No. 90SA43Supreme Court of Colorado. Decided September 10, 1990. Certification of Question from the United States Court of Appeals for the Tenth Circuit Pursuant to C.A.R. 21.1. Turner and Meiklejohn, P.C., Scott A. Meiklejohn, for Plaintiff-Appellant. No Appearance for Defendants-Appellees. EN BANC JUSTICE QUINN […]

Petitioner: The PEOPLE of the State of Colorado, v. Respondent: Jorge E. MELENDEZ, Jr. No. 03SC494.Supreme Court of Colorado. December 6, 2004. Page 316 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 317 Ken Salazar, Attorney General, Wendy J. Ritz, Assistant Attorney […]

Joseph Perlmutter and Rosemary Perlmutter, Petitioners, v. Frederick P. Blessing and Peak Engineering, Inc., a Colorado Corporation, Respondents. No. 83SC399Supreme Court of Colorado. Decided September 30, 1985. Certiorari to the Colorado Court of Appeals Page 773 Patric J. LeHouillier, Barash and LeHouillier, for Petitioners. Steven J. Barr, for Respondents. EN BANC JUSTICE DUBOFSKY delivered the […]

Bethesda Foundation of Nebraska, MTC West, Inc., and Sage Lakewood L.L.C., d/b/a Bethesda Care Centers, Bethany Care Center and Bethany Healthplex, Plaintiffs-Appellees, v. Colorado Department of Health Care Policy and Financing (f/k/a the Colorado Department of Social Services); Alan R. Weil, in his official capacity as Acting Executive Director of the Department of Health Care […]

(370 P.2d 888) STATE OF COLORADO v. DAVID L. NICHOLL, ET AL. No. 19,763.Supreme Court of Colorado. Decided April 23, 1962. Action against state for damages to property resulting from flood waters following breaking of dam. Judgment for plaintiff. Affirmed. 1. WATERS AND RESERVOIRS — Dam — Breakage — Injury to Property — Measure of […]

The People of The State of Colorado, Petitioners v. Thoro Products Company, Inc., a Colorado corporation, and Richard Ernest Newman, Respondents. No. 01SC419.Supreme Court of Colorado. En Banc. May 19, 2003. Rehearing Denied June 16, 2003. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 99CA1365 JUDGMENT AFFIRMED Page 1189 No. 01SC419, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Dameon E. Nicholas, Defendant-Appellant. No. 95CA1679Colorado Court of Appeals. July 10, 1997 Rehearing Denied September 4, 1997 Petition for Writ of Certiorari GRANTED February 2, 1998 Appeal from the District Court of El Paso County, Honorable Gilbert Martinez, Judge, No. 93CR2451 JUDGMENTS AFFIRMED Page 635 Gale […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bobby COLLINS, Defendant-Appellant. No. 06CA1235.Colorado Court of Appeals. February 18, 2010. Appeal from the Denver District Court, Shelley I. Gilman and Larry J. Page 669 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

(601 P.2d 651) School District No. 60, Pueblo County, and/or University of Southern Colorado, and Division of State Compensation Insurance Fund v. Colorado Industrial Commission, (Ex-officio Unemployment Compensation Commission of Colorado), and Donald W. Dittmar No. 79CA0051Colorado Court of Appeals. Decided July 12, 1979. Rehearing denied August 2, 1979. Certiorari denied October 9, 1979 School […]

Carolyn A. RALEIGH, Kevin P. Raleigh, and Kevin C. Raleigh, Plaintiffs-Appellees and Cross-Appellants, v. PERFORMANCE PLUMBING AND HEATING, INC., a Colorado corporation, Defendant-Appellant and Cross-Appellee. No. 02CA1076.Colorado Court of Appeals. Division III. May 6, 2004. Rehearing Denied September 23, 2004. Certiorari Granted April 11, 2005. Appeal from the District Court, Arapahoe County, Thomas C. Levi, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Todd S. Robson, Defendant-Appellee. No. 02CA1435.Colorado Court of Appeals. September 25, 2003. Arapahoe County District Court No. 01CR2086; Honorable Gerald J. Rafferty, Judge. JUDGMENT AFFIRMED. Page 913 James J. Peters, District Attorney, William W. Hood, III, Deputy District Attorney, Englewood, Colorado, for Plaintiff-Appellant. No Appearance for […]

Hill Development Corporation and First National Bank of Colorado Springs, Third-Party Defendants-Appellees, v. Carolyn A. Cordova, d/b/a Bob Cordova Driwall, Third-Party Defendant/Intervenor-Appellant. No. 84CA1346Colorado Court of Appeals. Decided January 9, 1986. Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Spurgeon, Haney Howbert, P.C., Nancy Chase Miller, for Third-Party Defendants-Appellees. […]

Susan ALLER, Plaintiff-Appellant, v. LAW OFFICE OF CAROLE C. SCHRIEFER, PC, and Carole C. Schriefer, Defendants-Appellees. No. 04CA0003.Colorado Court of Appeals. July 28, 2005. Rehearing Denied August 18, 2005. Certiorari Denied June 5, 2006. Appeal from the District Court, Larimer County, No. 03CV959, James H. Hiatt, J. Page 24 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

(376 P.2d 983) IN THE MATTER OF THE ESTATE OF CHARLES EDGAR KETTERING, DECEASED, MIRIAM H. KETTERING, ET AL., v. THE FIRST NATIONAL BANK OF DENVER, EXECUTOR. No. 19,920.Supreme Court of Colorado. Decided December 17, 1962. From denial of her claim for continuance of support payments from estate under settlement agreement, divorced wife brings error. […]

L. E. Pursell, Plaintiff-Appellee, v. Durrell Hull and Neda Hull, Defendants-Appellants. No. 84CA1034Colorado Court of Appeals. Decided September 19, 1985. Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge Harden, Schmidt Hass, P.C., Jeannine S. Haag, for Plaintiff-Appellee. William G. Kaufman, for Defendants-Appellants. Division II. Opinion by JUDGE STERNBERG. [1] This is […]

Allstate Insurance Company, Petitioner v. Glenn Clark Troelstrup, Respondent. No. 88SC489Supreme Court of Colorado. Decided April 9, 1990. Certiorari to the Colorado Court of Appeals Page 416 Zupkus Ayd, P.C., Patricia M. Ayd, Sonnenschein, Carlin, Nath Rosenthal, Paul E.B. Glad, Alan M. Posner, for Petitioner. Steven L. Zimmerman, P.C., J. Gregory Morrell, for Respondent. Richard […]

(616 P.2d 182) Marion Sanchetta, d/b/a Westate Sales Co. v. Apollo Stereo Music Company, Inc., a Colorado corporation; Salem Investment Company, Inc., a Colorado corporation; Jack Hackett; Stanley Singer, and A. A. DeBaca No. 78-1121Colorado Court of Appeals. Decided May 22, 1980. Rehearing denied July 3, 1980. Certiorari denied September 22, 1980. In action for […]

Joe DELSAS, by his next friend, Dennis DELSAS, Plaintiff-Appellant, v. CENTEX HOME EQUITY COMPANY, LLC, and United States Small Business Administration, Defendants-Appellees. No. 06CA2571.Colorado Court of Appeals. May 1, 2008. Appeal from the District Court, Garfield County, Charles A. Buss, J. Page 142 Worrell, Durrett Jaynes, PC, Stephen J. Worrell, Anthony J. Durrett, Robert C. […]

Corinne L. Cottrell and Mark W. Mandler, individually and for others similarly situated v. The City and County of Denver, a municipal corporation, and James B. Kenney, John A. Yelenick, Charles F. Brannan, Mrs. Peggy A. Pugsley and Dale Schaffer, constituting the Board of Water Commissioners of the City and County of Denver No. 80SA279Supreme […]

(499 P.2d 611) Ernest Domingo Martinez, also known as Ernest Martinez v. The People of the State of Colorado No. 24790Supreme Court of Colorado. Decided July 24, 1972. Defendant was convicted of possession of approximately 2 2/3 pounds of marijuana and brought error. Affirmed 1. DRUGS AND DRUGGISTS — Conviction — Possession — Circumstantial Evidence. […]

Mark Simon, Cheryl Simon, and Malachai Simon, Plaintiffs-Appellants, v. The State Compensation Insurance Authority, The State Compensation Insurance Fund, and The Colorado Compensation Insurance Authority, Defendants-Appellees. No. 93CA2211Colorado Court of Appeals. Decided December 15, 1994 Opinion Modified, and As Modified Petition for Rehearing Denied April 6, 1995 Petition for Writ of Certiorari GRANTED October 10, […]

(561 P.2d 7) The People of the State of Colorado v. Joseph Perez No. 27129Supreme Court of Colorado. Decided March 14, 1977. Defendant challenges the judgment of the district court enjoining the operation of his business — a massage parlor — as a public nuisance. Affirmed 1. CRIMINAL LAW — Sequestration — Grant or Denial […]

In re the Marriage of: Franklin Manning Ward, Appellant, and Lola Lee Ward, Appellee. No. 84CA0802Colorado Court of Appeals. Decided November 14, 1985. Rehearing Denied December 19, 1985. Certiorari Granted April 21, 1986 (86SC23). Appeal from the District Court of El Paso County Honorable William E. Rhodes, Judge Page 514 Franklin Manning Ward, Pro Se. […]

Merlyn Lindsay and Eugenio A. Lindsay, Plaintiffs-Petitioners, v. District Court in and for the City and County of Denver, State of Colorado, and the Honorable John Brooks, Jr., one of the Judges thereof, and Westmor Investment Corporation, a Colorado corporation; Equiplan, Inc., a Delaware corporation; and Walter McDonald, individually and as an officer and director […]

In re the Marriage of James L. Sjerven, personal representative of the Estate of James C. Piper, Appellee, and Ann A. Piper, Appellant. No. 90CA0949Colorado Court of Appeals. Decided October 24, 1991. Page 1199 Appeal from the District Court of Mesa County Honorable David A. Bottger, Judge. Hall Pearce, P.C., Richard M. Hall, for Appellee. […]

Subsequent Injury Fund, Petitioner, v. Black Mountain Spruce, Inc., Katie Jo Johnson, claimant, in the matter of the death of Michael Joe Johnson, State Compensation Insurance Fund, Industrial Commission of Colorado, and Director, Division of Labor, Respondents. No. 83SC112Supreme Court of Colorado. Decided June 18, 1984. Rehearing Denied July 2, 1984. Certiorari to the Colorado […]

(341 P.2d 475) M. RICHARD ANDREWS, ETC., ET AL. v. HOWARD L. LULL, ET AL. No. 18,939.Supreme Court of Colorado. Decided June 29, 1959. Rehearing denied July 20, 1959. Original proceeding in prohibition to restrain district court from proceeding in action on appeal from county court. Rule to show cause issued. Rule Made Absolute. 1. […]

Metro Glass Glazing, Inc., and Colorado Compensation Insurance Authority, Petitioners, v. Susan Orona and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 93CA0632Colorado Court of Appeals. Decided January 27, 1994 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. 3-868-416 ORDER AFFIRMED Page 1179 […]

Tim H. Rodman, Plaintiff-Appellant, v. County Court of the County of Adams, and The Honorable Ovid Beldock, one of the judges thereof, Defendants-Appellees. No. 83CA1308Colorado Court of Appeals. Decided October 25, 1984. Rehearing Denied November 23, 1984. Page 872 Appeal from the District Court of Adams County Honorable Oyer Leary, Judge Bruce P. Fierst, for […]

(315 P.2d 986) A. D. JONES COMPANY, ET AL. v. SAM L. HOCKS, ET AL. No. 17,971.Supreme Court of Colorado. Decided September 30, 1957. Action to cancel note and deed of trust, to which defendants counterclaimed for judgment and foreclosure. From a judgment dismissing the complaint and denying the counterclaim the defendants brings error. Affirmed. […]

Calvin Grant, Petitioner, v. Industrial Claim Appeals Office, Monte Vista Co-Op and Farmland Insurance, Respondents. No. 86CA1584Colorado Court of Appeals. Decided June 4, 1987. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Gerlach Weddell, P.C., Dale A. Gerlach, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

Academy of Charter Schools, a charter school, Academy of Charter Schools Association, a voluntary association, Wanda Barnes, John Kircher, Mindie Knowles, Eric Sanderson, Brenda Soucie, Philip Winkler, and Evalee Winkler, Plaintiffs-Appellants, v. Adams County School District No. 12, and Board of Education, Adams County School District No. 12, Defendants-Appellees. No. 97CA2177Colorado Court of Appeals. May […]

Edward W. Middleton and Nancy Middleton, Plaintiffs-Appellants, v. Marlene H. Beckett, Defendant-Appellee. No. 96CA1846Colorado Court of Appeals. May 14, 1998 Appeal from the District Court of El Paso County, Honorable Donald E. Campbell, Judge, No. 94CV1134 CAUSE REMANDED WITH DIRECTIONS Page 1214 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

STEAMBOAT LAKE WATER AND SANITATION DISTRICT, a special district of government under the laws of the State of Colorado, Petitioner-Appellee, v. Vance E. HALVORSON and Sharon L. Halvorson, Respondents-Appellants. No. 09CA2393.Colorado Court of Appeals. January 6, 2011. Appeal from the District Court, Routt County, Mary C. Hoak, J. Page 498 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

113 P.2d 427 GREEN v. GREEN ET AL. No. 14,702.Supreme Court of Colorado. Decided April 28, 1941. Rehearing denied May 19, 1941. A proceeding in garnishment. Garnishees discharged. Affirmed. 1. GARNISHMENT — Liability of Garnishee. In garnishment proceedings the garnishee is not chargeable unless the debtor involved could recover from him in his own name […]

The People of the State of Colorado, Plaintiff-Appellee, v. Edgar Burton Robinson, Defendant-Appellant. No. 90CA1566Colorado Court of Appeals. Decided February 27, 1992. Opinion Modified, and as Modified Rehearing Denied March 26, 1992. Certiorari Granted August 17, 1992 (92SC279). Certiorari Granted on the following issues: Whether application of the statute of limitations for “collateral attacks” to […]

(401 P.2d 255) LARRY D. BINGHAM v. THE PEOPLE OF THE STATE OF COLORADO. No. 20627.Supreme Court of Colorado. Decided April 26, 1965. Defendant was convicted of aggravated robbery and conspiracy to rob, and brought error. Affirmed in Part; Reversed in Part. 1. ROBBERY — Appeal and Error — Evidence — Motion for Acquittal. Where […]

Prestige Painting Decorating, Inc. and Colorado Compensation Insurance Authority, Petitioners, v. Michael Mitchusson, The Industrial Claim Appeals Office of the State of Colorado and Director, Division of Labor, Respondents. No. 91CA0138Colorado Court of Appeals. Decided December 19, 1991. (Announced as a published opinion January 30, 1992.) Review of Order from the Industrial Claim Appeals Office […]

Red Sky Homeowners Association, a Colorado non-profit organization; and Brendan Faust; Christy Burns; Stan Ferguson and Lynn Myers, as representatives of the class of Red Sky Condominium Homeowners, Plaintiffs-Appellees, v. The Heritage Company, a limited partnership, Defendant-Appellant, v. Donald H. Godi Associates, Inc., Third-Party Defendant-Appellee. No. 83CA1160Colorado Court of Appeals. Decided August 16, 1984. Rehearing […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Craig Deon SYRIE, Defendant-Appellee. No. 04SA214.Supreme Court of Colorado. En Banc. November 22, 2004. Appeal from the District Court, Arapahoe County, Gerald J. Rafferty, J. Page 220 James J. Peters, District Attorney, Eighteenth Judicial District, Paul Wolff, Chief Deputy District Attorney, Centennial, for Plaintiff-Appellant. David S. […]

In re the Marriage of Ruth K. Vickers, Appellant, and Charles S. Vickers, Appellee. No. 82CA1279Colorado Court of Appeals. Decided May 17, 1984. Rehearing Denied June 28, 1984. Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge Wyatt and Martell, James A. Martell, for appellant. Allen, Rogers, Metcalf Vahrenwald, Donald E. Johnson, […]

(554 P.2d 720) Florence M. Pacheco, now known as Florence M. Sellers v. Benjamin F. Pacheco No. 75-799Colorado Court of Appeals. Decided August 12, 1976. In divorce proceeding, husband appealed from denial of change of custody and an increase in child support, plus an award of attorney’s fees. Orders Affirmed 1. DIVORCE — Child Support […]

In the Matter of the Claim of: Allen W. Krantz, Kevin E. Hawkins, Mark W. Williams, Kenneth J. Skalla and Albert E. Britton, Jr., Petitioners, v. Kelran Constructors, Inc., The Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), and Director, Department of Labor and Employment, Division of Employment and Training, […]

(385 P.2d 127) CLARENCE SMALDONE v. PEOPLE OF THE STATE OF COLORADO. No. 20,953.Supreme Court of Colorado. Decided September 17, 1963. Original proceeding for admission to bail in contempt matter pending determination of writ of error. Petition Granted. 1. CONTEMPT — Bail — Stay of Execution. Where petitioner was adjudged guilty of contempt of court […]

Aurora Fire Fighters Local 1290, IAFF, and Aurora Police Association v. Civil Service Commission of the City of Aurora No. 81CA0282Colorado Court of Appeals. Decided November 27, 1981. Appeal from the District Court of Arapahoe County, Honorable George B. Lee, Judge. Page 841 Brauer, Simons Buescher, P.C., Thomas B. Buescher, for plaintiffs-appellees. Patrick E. Kowaleski, […]

United States Fidelity Guaranty Company, as Subrogee of Jewish Community Center and Fran Sterling, Petitioner, v. Budget Rent-A-Car Systems, Inc., Respondent. No. 91SC739Supreme Court of Colorado. Decided December 1, 1992. Rehearing Denied January 11, 1993. Certiorari to the Colorado Court of Appeals Page 209 Dickinson, Everstine Prud’Homme, Michelle R. Prud’Homme, for Petitioner. Richard W. Laugesen, […]

Raiffeisen-Zentralkasse Tirol reg. Gen. m.b.H., Plaintiff-Appellee, v. First National Bank in Aspen, Defendant-Appellant. No. 81CA0637Colorado Court of Appeals. Decided April 29, 1983. Rehearing Denied June 9, 1983. Certiorari Denied November 7, 1983. Appeal from the District Court of Pitkin County Honorable Thomas W. Ossola, Judge Cosgriff, Dunn French, P.C., John W. Dunn, for plaintiff-appellee. Page […]

(489 P.2d 194) The People of the State of Colorado v. Charles Clyde Regan. No. 25094.Supreme Court of Colorado. Decided October 4, 1971. From denial of his motion to correct sentence under Crim. P. 35(a) contending that he must be awarded credit for time he was confined in county jail before he pled guilty and […]

Earl May, Appellant, v. Colorado Civil Rights Commission, Appellee. No. 01CA0185.Colorado Court of Appeals. February 14, 2002. Colorado Civil Rights Commission No. CR9901. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Metzger and Kapelke, JJ., concur Page 751 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

(570 P.2d 832) In the Matter of the Estate of Alice E. Decker; John O. Simpson, Keith A. Simpson, Gertrude Simpson, Joyce Simpson Kelly, Lorene Poland and Donald Belknap v. Benjamin F. Asch No. 27464Supreme Court of Colorado. Decided October 11, 1977. Rehearing denied November 7, 1977. Personal representative-appellee filed petition to probate will. Probate […]

(485 P.2d 880) Paul Hilst v. Judge Charles E. Bennett, the Superior Court of the City and County of Denver, Theodore J. Soja, Clerk of said Superior Court, Georgene Sanchez and George Canjar, Manager of Safety and Excise for said City and County No. 25111Supreme Court of Colorado. Decided June 7, 1971 Original proceeding in […]

(526 P.2d 666) Carlton W. Harrod v. Beth Miller Harrod No. 73-352Colorado Court of Appeals. Decided June 25, 1974. Opinion modified and as modified rehearing denied August 7, 1974. Certiorari denied October 7, 1974. Seeking partition of property owned as tenancy in common with his former wife, plaintiff brought partition action. Trial court treated action […]

135 P.2d 1021 JOHNSON v. COUSINS. No. 15,320.Supreme Court of Colorado. Decided March 29, 1943. Action to recover rent alleged to be due on real property. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. ACTIONS — Justices of the Peace — Appeals. After a cause has been tried in a justice of the peace […]

(279 P.2d 435) CAPITOL FIXTURE AND SUPPLY COMPANY v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD No. 17,435.Supreme Court of Colorado. Decided January 24, 1955. An action on fire insurance policies, involving garnishment proceedings. Judgment for garnishee, National Fire Insurance Company, defendant in error. Affirmed. 1. INSURANCE — Waiver — Proof of Loss. In an action […]

(571 P.2d 741) In re the Matter of the Claim of Leo Allmendinger v. The Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado); and the City and County of Denver No. 77-186Colorado Court of Appeals. Decided November 10, 1977. From order of Industrial Commission granting claimant unemployment benefits, claimant sought […]