Category: Colorado Court Opinions

The People of the State of Colorado, ex rel. Hal D. Simpson, State Engineer; and Steven J. Witte, Division Engineer for Water Division 2, Plaintiffs-Appellees, v. The Highland Irrigation Company, a mutual ditch company; and The Nine Mile Canal Company, a mutual ditch company, Defendants-Appellants. No. 95SA245Supreme Court of Colorado. Decided June 3, 1996. Opinion […]

183 P.2d 529 DENVER MILK PRODUCERS, INC., ET AL. v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS’ UNION, ET AL. No. 15,776.Supreme Court of Colorado. Decided May 19, 1947. Rehearing denied July 7, 1947. An action to enjoin certain activities of labor unions in connection with the marketing of dairy products. Judgment of dismissal. […]

(451 P.2d 288) LeRoy A. Duke and Frances K. Duke v. Orville C. Pickett and Gentlebreeze Mobilehome Court, Inc. No. 22816.Supreme Court of Colorado. Decided February 17, 1969. Rehearing denied March 24, 1969. Action by vendors against purchasers to rescind sales transaction consummated through trade of assets, alleging fraudulent representation. Judgment for defendants. Reversed. 1. […]

Phillip GARBIGAN, Plaintiff v. Philip J. BOWEN, M.D., Defendant. No. 10SA20.Supreme Court of Colorado. November 22, 2010. As Modified on Denial of Rehearing December 20, 2010.[*] [*] Chief Justice Bender and Justice Martinez would grant the Petition. Justice Márquez does not participate. Appeal from the District Court, Mesa County, David A. Bottger, J. Page 232 […]

(392 P.2d 285) LUCY ANN WHEELER v. WENDELL CLINTON WHEELER. No. 21168.Supreme Court of Colorado. Decided May 18, 1964. From a show cause proceeding finding husband in contempt of court order requiring temporary support, and also ordering reduction of support payments, the wife brings error with regard to reduction of support payments. Reversed. 1. HUSBAND […]

Gary Michael Bowker, Plaintiff-Appellant, v. Alan Charnes, Director, Department of Revenue, Motor Vehicle Division, State of Colorado, Defendants-Appellees. No. 83CA0848Colorado Court of Appeals. Decided March 8, 1984. Appeal from the District Court of Jefferson County Honorable Anthony F. Vollack, Judge Robert D. Kelly, for plaintiff-appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

Jack Crane, as Personal Representative of the Estate of Steven W. Crane, on behalf of Stevee Christon Crane Cook, and Rhonda Lee Cook, as mother and next friend of Stevee Christon Crane Cook, Plaintiffs-Appellants, v. Mark Mekelburg, Defendant-Appellee. No. 83CA0880Colorado Court of Appeals. Decided April 26, 1984. Rehearing Denied June 7, 1984. Certiorari Denied November […]

(554 P.2d 1105) The People of the State of Colorado v. The District Court in and for the Twentieth Judicial District of the State of Colorado and Rex H. Scott, one of the Judges thereof No. 27255Supreme Court of Colorado. Decided September 27, 1976. Opinion modified and as modified rehearing denied October 18, 1976. Original […]

The People of the City and County of Denver, Plaintiff-Appellant, v. Honorable Alfred C. Harrell, one of the Denver County Court Judges and Aikaterine Tsadakis, Defendants-Appellees. No. 86CA1520Colorado Court of Appeals. Decided July 7, 1988. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Stephen H. Kaplan, […]

(593 P.2d 706) Jeffrey Miller v. Dan Cronin, Manager of Safety and Excise, and Ex-Officio Sheriff of the City and County of Denver and Wayne K. Patterson, Warden of the Jail of the City and County of Denver No. 28138Supreme Court of Colorado. Decided April 23, 1979. Extradition proceedings. Petitioner challenges the sufficiency of the […]

(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 […]

The People of the State of Colorado In the Interest of K.A.J., a child and concerning M.J. and M.A.J. No. 81CA0028Colorado Court of Appeals. Decided August 6, 1981. Rehearing denied August 27, 1981. Appeal from the District Court of Jefferson County, Honorable Robert K. Willison, Judge. Patrick R. Mahan, Jefferson County Attorney, Gay B. Ummel, […]

Colorado State Board of Medical Examiners, Complainant-Appellee, v. Roger Woods Davis, Respondent-Appellant. No. 93CA0911Colorado Court of Appeals. Decided March 9, 1995 Appeal from the Colorado State Board of Medical Examiners No. 00 ME 9103. ORDER AFFIRMED. Page 1366 Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, […]

13 P.2d 1117 LOCKARD v. INDUSTRIAL COMMISSION ET AL. No. 13,096.Supreme Court of Colorado. Decided June 20, 1932. Rehearing denied September 12, 1932. Proceeding under the Workmen’s Compensation Act. Order of the district court affirming the action of the Industrial Commission in refusing to reopen the case on its own motion. Affirmed. 1. WORKMEN’S COMPENSATION […]

The People of the State of Colorado, Complainant, v. Tommy M. Brown, Attorney-Respondent. No. 92SA438Supreme Court of Colorado. Decided December 14, 1992. Original Proceeding in Discipline Page 1067 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Tommy M. Brown, Pro Se. EN BANC PER CURIAM [1] In this attorney discipline case, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Melvin Edward Billips, a/k/a Manu Khalfani, Defendant-Appellant. No. 82SA107Supreme Court of Colorado. Decided October 25, 1982. Appeal from the District Court of the County of Fremont, Honorable Paul J. Keohane, Judge. Page 1061 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. […]

Board of County Commissioners of Summit County, Petitioner, v. Kimberly A. DeLozier, Respondent. No. 95SC305Supreme Court of Colorado. Decided May 28, 1996 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Hall Evans, L.L.C., Cathy H. Greer, Malcolm S. Mead, Pamela Skelton, Denver, Colorado, Jeffrey Huntley, County Attorney, Summit County, Breckenridge, Colorado, Attorneys for Petitioner. […]

(216 P.2d 431) KENNEDY v. THE PEOPLE. No. 16,365.Supreme Court of Colorado. Decided March 6, 1950. Plaintiff in error was adjudged guilty by a justice of the peace of driving an automobile while under the influence of intoxicating liquor. On application to the county court for a writ of certiorari, his petition therefor was denied. […]

Citizens for Free Enterprise, a Colorado non-profit corporation; Palace, Inc., a Colorado corporation; The Chroma Corporation, a Colorado corporation; Harold L. Popiel, d/b/a The Gaslite Room; Sid King, d/b/a Crazy Horse Bar; Debi Scheufler; Vivian Cooke, Barney Frank, Inc., a Colorado corporation, d/b/a Tipsy Tiger; and Richard L. Bebo, d/b/a Bebo’s Lounge, Plaintiffs-Appellees, v. Department […]

(616 P.2d 183) Frederick C. Berckefeldt v. Lloyd W. Hammer No. 79CA1107Colorado Court of Appeals. Decided May 22, 1980. Rehearing denied June 26, 1980. Certiorari denied September 22, 1980. In action to collect a debt arising from wagers between the parties during an informal golf match, plaintiff appealed the trial court judgment entered in favor […]

(599 P.2d 904) James C. Germany v. The People of the State of Colorado No. C-1736Supreme Court of Colorado. Decided September 10, 1979. Certiorari to review decision of court of appeals, 41 Colo. App. 304, 586 P.2d 1006, affirming defendant’s conviction of second-degree burglary solely with regard to whether the district court erred in giving […]

555 P.2d 519 The People of the State of Colorado v. Terry Dikeman No. 27162Supreme Court of Colorado. Decided October 12, 1976. Appeal by district attorney on a question of law pursuant to section 16-12-102, C.R.S. 1973, in a criminal trial wherein the defendant was acquitted. Judgment Disapproved 1. WITNESSES — Defense Lawyer — Prohibited […]

78 P.2d 378 ESTATE OF SHEELY. SHEELY v. SHEELY ET AL. No. 14,160.Supreme Court of Colorado. Decided April 11, 1938. Proceeding involving the settlement of the estate of a deceased person. The widow was granted a widow’s allowance, but her petition for leave to renounce under the will and take half of the estate instead […]

The People of the State of Colorado, Appellant, In the Interest of R.M.S., Appellee. No. 81SA440Supreme Court of Colorado. Decided August 9, 1982. Appeal from the District Court of Jefferson County Honorable Robert K. Willison, Judge. Nolan L. Brown, District Attorney, Steve A. Jones, Deputy District Attorney, for appellant. No appearance for Appellee. En Banc. […]

(216 P.2d 429) HARDIN v. THE PEOPLE. No. 16,348.Supreme Court of Colorado. Decided March 6, 1950. Plaintiff in error was adjudged guilty by a justice of the peace of “driving an automobile while under the influence of intoxicating liquor.” On application to the county court for a writ of certiorari, his petition therefor was denied. […]

(269 P.2d 701) GIBBONS REED CO. ET AL. v. HOWARD. GIBBONS REED CO. ET AL v. HOWARD. No. 17,086, 17,087.Supreme Court of Colorado. Decided April 5, 1954. Rehearing denied April 26, 1954. Actions for damages resulting from a collision of motor vehicles, Judgments for plaintiffs. Reversed. 1. MASTER AND SERVANT — Scope of Employment. “There […]

The PEOPLE of the State of Colorado, Complainant, v. Michael T. MIRANDA, Respondent. No. 06PDJ010.Supreme Court of Colorado. Court of Colorado. July 10, 2007. Page 12 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 13 Attorney Regulation. Following a Sanctions Hearing, a […]

Franklin L. Burns and Peoria Development Company, Inc., Plaintiffs-Appellants, v. Board of Assessment Appeals of the State of Colorado and Arapahoe County Board of Equalization, Defendants-Appellees. No. 90CA1585Colorado Court of Appeals. Decided October 10, 1991. Page 1176 Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Judge. Jensen Byrne Parsons Ruh Tilton, […]

William G. Parker, Plaintiff-Appellee, v. Dennis Luttrell and Beverly J. Hilliard a/k/a Beverly Luttrell, Defendants-Appellants. No. 95CA1131Colorado Court of Appeals. August 22, 1996 Petition for Rehearing DENIED September 26, 1996 Appeal from the District Court of Teller County, Honorable Donald E. Campbell, Judge, No. 94CV0076. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Howard Morrison, Colorado […]

(559 P.2d 1106) The People of the State of Colorado v. District Court in and for the Second Judicial District, State of Colorado and the Honorable George M. McNamara, Judge thereof No. 27336Supreme Court of Colorado. Decided January 24, 1977. Original proceeding in which rule to show cause was issued as to why certain counts […]

(405 P.2d 211) Joseph Salardino v. the People of the State of Colorado. No. 20954Supreme Court of Colorado. Decided July 19, 1965. Rehearing denied September 13, 1965. From an order adjudging him guilty of contempt the defendant brings error. Affirmed. 1. GRAND JURY. — Criminal Contempt — Blanket Refusal — Witness — Trial Court — […]

77 P.2d 649 ESTATE OF LIVINGSTON. SHAFFER v. DISTRICT COURT SECOND JUDICIAL DISTRICT ET AL. No. 14,289.Supreme Court of Colorado. Decided March 14, 1938. Rehearing denied April 4, 1938. Proceeding involving probate of a will. Probate denied. Affirmed. On Application for Supersedeas. 1. WILLS — Contest — Statutes. Section 63, c. 176, ’35 C. S. […]

(238 P.2d 861) ENOS ET AL. v. DISTRICT COURT OF FIRST JUDICIAL DISTRICT IN AND FOR THE COUNTY OF ARAPAHOE ET AL. No. 16,726.Supreme Court of Colorado. Decided November 13, 1951. Rehearing denied December 10, 1951. An original proceeding for a writ in the nature of prohibition, involving the incorporation of a town. On petition […]

The People of the State of Colorado, Plaintiff-Appellee, v. David Charles Trefethen, Defendant-Appellant. No. 85CA1743Colorado Court of Appeals. Decided November 12, 1987. Rehearing Denied December 3, 1987. Certiorari Denied March 7, 1988 (87SC473). Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Page 658 Duane Woodard, Attorney General, Charles B. […]

Charles Louis Bedell v. Colorado Department of Revenue, Motor Vehicle Division No. 81CA0723Colorado Court of Appeals. Decided February 25, 1982. Appeal from the District Court of Boulder County, Honorable Richard C. McLean, Judge. Page 850 Charles T. Flett, for plaintiff-appellant. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Assistant […]

The People of the State of Colorado, Plaintiff-Appellee, v. David R. Batchelor, Defendant-Appellant. No. 89SA31Supreme Court of Colorado. Decided November 13, 1990. Appeal from the District Court Fremont County Honorable Paul Keohane, District Judge. Page 600 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, John Milton Hutchins, […]

The PEOPLE of the State of Colorado, Complainant, v. Raymond Anson GRAHAM, Attorney-Respondent. No. 97SA25.Supreme Court of Colorado. En Banc. March 17, 1997. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, for Complainant. Christopher C. Cross, Englewood, for Attorney-Respondent. PER CURIAM. [1] The respondent in this lawyer discipline case was convicted of […]

Federal Insurance Company, Plaintiff-Appellee, v. Ferrellgas, Inc., Defendant-Appellant. No. 96CA1090Colorado Court of Appeals. October 30, 1997 Appeal from the District Court of the City and County of Denver, Honorable Larry J. Naves, Judge, No. 94CV5382 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 512 Senter Goldfarb Rice, L.L.C., John D. […]

DEVELOPMENTAL PATHWAYS, a Colorado not-for-profit corporation; Edward H. Stammel, an individual; Norma Anderson, an individual; Virginia Buczek, an individual; Douglas Abraham, an individual; Adams County Economic Development, Inc., a Colorado not-for-profit corporation; Susan K. Rusch, an individual; Ann L. McGihon, an individual; and Daniel E. Williams, an individual, David Getches, an individual, and Frank Weddig, […]

(349 P.2d 995) ST LUKE’S HOSPITAL v. INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 19,150.Supreme Court of Colorado. Decided February 23, 1960. Rehearing denied March 21, 1960. Proceedings to determine application of Labor Peace Act to employees of private charitable hospitals. Judgment for defendants. Reversed. 1. STATUTES — Construction — Intent of Legislature. In construing […]

GYPSUM RANCH CO., LLC, a Colorado limited liability company, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF GARFIELD, State of Colorado, a quasi-municipal corporation, Defendant, and Antero Resources II Corporation, a Delaware corporation doing business in Colorado as Antero Resources Corporation, and Department of Transportation, State of Colorado, an agency of the State […]

(590 P.2d 76) James F. Gladin and Faye J. Gladin v. R. D. Von Engeln, individually and as General Partner of Interstate Eighth Street Company, a limited partnership, and Interstate Eighth Street Company, a limited partnership, and The City of Colorado Springs, a municipal corporation No. 78-587Colorado Court of Appeals. Decided November 2, 1978. Rehearing […]

The People of the State of Colorado v. Daren Sundstrom No. 81CA0287Colorado Court of Appeals. Decided November 19, 1981. Appeal from the District Court of Rio Blanco County, Honorable Thomas W. Ossola, Judge. J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Special Assistant Attorney General, Susan P. Mele, Assistant Attorney […]

(485 P.2d 708) The People of the State of Colorado v. Felipe Chavez No. 25135Supreme Court of Colorado. Decided June 1, 1971 Interlocutory appeal from an order denying a motion to suppress the introduction of marijuana in evidence. Ruling Affirmed. 1. SEARCHES AND SEIZURES — Probable Cause — Obtain Warrant — Car — Police Officers […]

Javier Rodriquez and Mary L. Rodriquez, Plaintiffs-Appellants, v. Nurseries, Inc., Defendant-Appellee. No. 90CA0620Colorado Court of Appeals. Decided July 5, 1991. Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge. Marvin Dansky, P.C., Jack LeProwse, for Plaintiffs-Appellants. Wood, Ris Hames, P.C., Charles E. Weaver, Christopher C. Felton, for Defendant-Appellee. Division V. Opinion […]

ALH Holding Company, an Arizona corporation, Petitioner, v. The Bank of Telluride, a Colorado banking association, Respondent. No. 99SC375Supreme Court of Colorado. December 4, 2000 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED Page 743 Bendelow Darling, P.C., Jeffrey R. Bergstrom, Edward M. Bendelow, Lee J. Darling, Denver, Colorado, Attorneys for […]

69 P.2d 779 LOWDEN ET AL. v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LINCOLN. No. 14,073.Supreme Court of Colorado. Decided June 21, 1937. Action to recover amount of taxes paid alleged to have been illegally and erroneously laid. Judgment of dismissal. Reversed. 1. TAXES AND TAXATION — Schools — Excessive Assessment. If school […]

(366 P.2d 659) A. D. MILLER v. A. E. KAISER. No. 19,523.Supreme Court of Colorado. Decided December 4, 1961. Action for damages for conversion of property by chattel mortgagee. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Matters Not Urged in Motion for New Trial. Objections to instructions not urged in motion for new […]

The People of the State of Colorado, Complainant, v. Peggy E. Stevens, Attorney-Respondent. No. 94SA315Supreme Court of Colorado. Decided October 24, 1994 Original Proceeding in Discipline PUBLIC CENSURE Page 22 Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Peggy E. Stevens, Pro Se, Lakewood, Colorado EN BANC PER […]

SAFEWAY, INC., Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Tearsa Sloan, Respondents. No. 07CA0071.Colorado Court of Appeals. April 17, 2008. Page 104 Thomas, Pollart, Miller, LLC, Douglas A. Thomas, Greenwood Village, Colorado, for Petitioner. John W. Suthers, Attorney General, Mary Karen Maldonado, Assistant Attorney General, Denver, Colorado, for Respondent Industrial […]

(505 P.2d 16) Hiwan Ranch, a Limited Partnership v. City of Lakewood, Colorado, a Municipal corporation No. 71-435Colorado Court of Appeals. Decided November 21, 1972. Rehearing denied December 12, 1972. About one year after city’s incorporation, owner of approximately 157 acres of land sought decree excluding his property from the city. From judgment denying relief […]

(604 P.2d 693) Donald Winkler v. American Safety Equipment Corporation, a New York corporation No. 78-312Colorado Court of Appeals. Decided September 20, 1979. Rehearing denied November 1, 1979. Certiorari granted January 7, 1980. In personal injury action, trial court refused to instruct jury on strict liability theory of recovery under Restatement (Second) of Torts 402B, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jerry Montoya, Defendant-Appellant. No. 86CA0180Colorado Court of Appeals. Decided March 16, 1989. Rehearing Denied April 13, 1989. Certiorari Denied October 16, 1989(89SC257) (See 781 P.2d 647) (785 P.2d 916). Appeal from the District Court of the City and County of Denver Honorable J. Stephen Phillips, Judge. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose ALVARADO-JUAREZ, Defendant-Appellant. No. 06CA2529.Colorado Court of Appeals. June 10, 2010. Appeal from the District Court, City and County of Denver, Shelley I. Gilman, J. John W. Suthers, Attorney General, Ryan A. Crane, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Law Firm of Richard A. Hostetler, […]

(532 P.2d 962) The People of the State of Colorado v. Rudy Jose Simbolo No. 25913Supreme Court of Colorado. Decided March 10, 1975. Rehearing denied March 31, 1975 Defendant was convicted of second-degree kidnapping, statutory rape and joyriding and appealed. Affirmed 1. RAPE — Objection — Question — Accusation — Sustained — Lack of Error […]

BOARD OF ASSESSMENT APPEALS, Petitioner, v. Richard F. SAMPSON and Teller County Board of Equalization, Respondents. No. 03SC451.Supreme Court of Colorado. January 10, 2005. As Modified on Denial of Rehearing January 31, 2005. Page 199 Appeal from the Court of Appeals. Page 200 Ken Salazar, Attorney General, John D. Baird, First Assistant Attorney General, Lisa […]

E.O., Petitioner, v. The People of the State of Colorado, El Paso County Department of Social Services, Respondent, In the Interest of: C.O.A., Child. No. 92SC200Supreme Court of Colorado. Decided June 21, 1993. Rehearing Denied July 6, 1993. Certiorari to the Colorado Court of Appeals. Page 798 Thomas A. Barnes, Jr., for Petitioner. Beth A. […]

(388 P.2d 763) THE DISTRICT COURT IN AND FOR ARAPAHOE COUNTY, ET AL. No. 21,094.Supreme Court of Colorado. Decided January 27, 1964. Rehearing denied February 10, 1964. Original proceeding in nature of mandamus to require trial court to reinstate action on jury calendar in mortgage foreclosure action involving counterclaims. Rule to show cause issued. Rule […]

(365 P.2d 36) IDARADO MINING COMPANY, ET AL. v. LAWRENCE E. BARNES, ET AL. No. 19,657.Supreme Court of Colorado. Decided October 2, 1961. From a judgment affirming an award of compensation under the occupational disease provisions of the Workmen’s Compensation Act, the employer and insurance carrier bring error. Affirmed. 1. WORKMEN’S COMPENSATION — Occupational Disease […]

Shirley A. Carter v. Firemen’s Pension Fund of the City and County of Denver; Board of Trustees of the Firemen’s Pension Fund; and Dan P. Cronin, Manager of Safety, Secretary, Firemen’s Pension Fund No. 80SA369Supreme Court of Colorado. Decided September 8, 1981. Rehearing denied October 5, 1981. Appeal from the District Court of the City […]

(517 P.2d 406) Mary Jo Bradford and Hartford Accident and Indemnity Company v. Bendix-Westinghouse Automotive Air Brake Company, a corporation v. Christensen Brothers Trucking and Excavating Company No. 72-395Colorado Court of Appeals. Decided October 24, 1973. Opinion modified and as modified rehearing denied November 20, 1973. Certiorari denied January 14, 1974. Products liability action premised […]

(273 P.2d 133) IWERKS v. THE PEOPLE. No. 17,382.Supreme Court of Colorado. Decided August 3, 1954. A proceeding in which plaintiff in error seeks by writ of error to reverse a county court judgment denying his petition for release from an adjudication declaring him to be insane and incapable, unassisted, to properly manage and take […]

CONTINENTAL DIVIDE INSURANCE COMPANY, a Colorado corporation, Plaintiff-Appellant, v. WESTERN SKIES MANAGEMENT, INC., a Colorado corporation, Defendant-Appellee. Nos. 03CA0334, 03CA1002.Colorado Court of Appeals. Division III. December 30, 2004. Appeal from the District Court, City and County of Denver, Shelley I. Gilman, J. Page 1146 Wood, Ris Hames, P.C., Mark R. Davis, Andrew D. Peterson, Denver, […]

Rex E. Muhlenkamp, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, and Nor Colo. Distributing Company, Respondents. No. 89CA1491Colorado Court of Appeals. Decided June 7, 1990. Rehearing Denied July 5, 1990. Certiorari Denied December 17, 1990 (90SC449). Review of Order from the Industrial Claim Appeals Office of the State of Colorado. […]

Ruth Ross, Petitioner-Appellee, v. Vernon Thomas, Respondent-Appellant. No. 85CA0666Colorado Court of Appeals. Decided December 3, 1987. Rehearing Denied March 10, 1988. Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge Stephen H. Kaplan, City Attorney, Frank A. Elzi, Assistant City Attorney, for Petitioner-Appellee. Van Horne, Vogt, Noall […]

The People of the State of Colorado, Petitioner, v. Paul Anthony Saiz, Respondent. No. 99SC513Supreme Court of Colorado. September 10, 2001 Certiorari to the Colorado Court of Appeals, Court of Appeals No. 97CA1665 JUDGMENT REVERSED No. 99SC513, People v. Saiz: CRIMINAL LAW — EVIDENCE — IMPEACHMENT —RELEVANCE. On review by writ of certiorari, the supreme […]

12 P.2d 341 EMERSON-BRANTINGHAM IMPLEMENT COMPANY v. MILLER ET AL. No. 12,642.Supreme Court of Colorado. Decided May 31, 1932. Action on promissory notes. Judgment for defendants. Affirmed. 1. CONTRACTS — Breach — Damages — Forfeiture. In considering a contract for the purchase of a farm tractor which contained a waiver by purchaser of damages resulting […]

(512 P.2d 1172) The People of the State of Colorado, ex rel. Duke W. Dunbar, Attorney General of the State of Colorado, and The State Board for Community Colleges and Occupational Education of the State of Colorado v. Colorado Polytechnic College v. Trinidad State Junior College, Community Colleges of Denver, Metropolitan State College, and the […]

(515 P.2d 453) The People of the State of Colorado v. Richard E. Tapia No. 25534Supreme Court of Colorado. Decided October 29, 1973. Defendant was convicted of voluntary manslaughter and appealed. Reversed 1. HOMICIDE — Lack of Provocation — Shooting — Testimony — Some — Others — — Negative — Second Degree — Jury. In […]

(418 P.2d 180) Julian Montanez v. Mrs. Alberta Rusher. No. 21280.Supreme Court of Colorado. Decided September 19, 1966. Action to recover damages for injuries sustained as a result of an automobile collision caused by the negligence of the defendant. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Collision — Negligence — Issue of Fact — Jury […]

161 P.2d 520 PICKETT v. PICKETT. No. 15,406.Supreme Court of Colorado. Decided August 20, 1945. An action for divorce. Judgment of dismissal. Affirmed. 1. MARRIAGE AND DIVORCE — Meretricious Relationship — Commonlaw Marriage. Where the relationship between a man and woman is meretricious, it affords no basis for a common-law marriage. 2. DIVORCE AND ALIMONY […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary for 1999-2000 #215 (Prohibiting Certain Open Pit Mining), Ken Kluksdahl, Amy Meketi, Stuart Sanderson and Colorado Mining Association, Petitioners, v. Colin James Henderson and Ignacio Rodriguez, Respondents, and William Hobbs, Alan J. Gilbert, and Charles W. Pike Title Setting Board. No. 00SA65.Supreme […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of N.D.V., a Child, and Concerning Y.R., Respondent-Appellant. No. 09CA0522.Colorado Court of Appeals. December 17, 2009. Appeal from the District Court, Adams County, Katherine R. Delgado, J. Page 411 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

(215 P.2d 905) STRUNA ET AL. v. THE PEOPLE. No. 16,291.Supreme Court of Colorado. Decided February 27, 1950. Plaintiffs in error were convicted of an assault to commit rape. Affirmed. 1. TRIAL — Evidence — Court Discretion. The admission, exclusion or refusal to strike certain evidence on the trial of a cause, are matters resting […]

Mary Ann Whiteside, in her official capacity as Director of the Division of Workers’ Compensation, State of Colorado; and Dona Halsey, David Cain, Kathy E. Dean, Bill Whitacre, and Robert Socolofsky, in their official capacities as Examiners of the Industrial Claim Appeals Office, Department of Labor and Employment, State of Colorado, Defendants-Appellants v. Marvin Smith, […]

(215 P.2d 332) CITIZENS UTILITIES COMPANY v. CITY OF LA JUNTA ET AL. No. 16,249.Supreme Court of Colorado. Decided February 6, 1950. An action to review a decision of the Public Utilities Commission approving distribution to local consumers of natural gas, certain funds held in the custody of the United States circuit court of appeals. […]

(409 P.2d 508) Donald Lee Nahler, Plaintiff, v. The People of the State of Colorado, Defendant. No. 21323Supreme Court of Colorado. Decided January 10, 1966. Rehearing Denied January 24, 1966. Defendant was convicted of passing a fictitious check and brings error. Affirmed 1. FORGERY. — Passing Fictitious Check — Proof — Statute. To constitute crime […]

In the Matter of the Arbitration between T.A.H. General Partnership, a/k/a T.A.H. Medical Leasing, LTD., Appellee, v. Southwest Radiographics, Appellant. No. 90CA0041Colorado Court of Appeals. Decided January 17, 1991. Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge. Page 1189 Timothy J. Simmons, for Appellee. Sabey, Epstein, Ordelheide Smith, P.C., […]

(258 P.2d 769) McFANN v. SYLVESTER. No. 16,950.Supreme Court of Colorado. Decided June 1, 1953. Rehearing denied June 22, 1953. Plaintiff in error was found guilty of contributing to the dependency of a minor child. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the County Court of Jefferson County, Hon. Harold D. […]

(292 P.2d 744) H. W. MOORE EQUIPMENT COMPANY v. AMERICAN SURETY COMPANY OF NEW YORK. No. 17,705.Supreme Court of Colorado. Decided January 9, 1956. Rehearing denied February 14, 1956. Action to recover on construction contract bonds, judgment of dismissal. Affirmed. 1. PRINCIPAL AND SURETY — Construction Contract — Evidence. In an action on surety bonds […]

John R. Rankin, Maureen A. Dumas, and Tall County Real Estate Company, a Colorado corporation v. Dennis D. McFerrin, Julia A. McFerrin, and Clifford Dale McFerrin No. 79CA1071Colorado Court of Appeals. Decided December 31, 1980. Rehearing denied February 5, 1981. Certiorari denied April 13, 1981. Page 721 Appeal from the District Court of Jefferson County, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Erik Deane RABES, Defendant-Appellant. No. 07CA2176.Colorado Court of Appeals. December 23, 2010. As Modified on Denial of Rehearing February 3, 2011. Appeal from the District Court, El Paso County, David L. Shakes and Barney Iuppa, JJ. Page 938 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

Weitzel Redi-Mix, Inc., Petitioner, v. The Industrial Commission of the State of Colorado, and Colorado Division of Employment and Training, Department of Labor and Employment, Respondents. No. 85CA1077Colorado Court of Appeals. Decided July 10, 1986. Review of Order from the Industrial Commission of the State of Colorado Isaac, Johnson and Alpern, Kenneth P. Myers, for […]

Occidental Oil Shale, Inc., Plaintiff-Appellee, v. State Board of Land Commissioners of Colorado; and its members, Rowena Rogers, William H. Claire and Tommy Neal, Defendants-Appellants. No. 82SA455Supreme Court of Colorado. Decided December 10, 1984. Rehearing Denied January 14, 1985. Appeal from the District Court, City and County of Denver Honorable Robert T. Kingsley, Judge Daniel […]

43 P.2d 391 GUILFORD v. GUILFORD. No. 13,679.Supreme Court of Colorado. Decided April 1, 1935. Rehearing denied April 15, 1935. Action for divorce and alimony. Decree for plaintiff. Affirmed. 1. APPEAL AND ERROR — Fact Findings — Judgment. If there is evidence to justify the findings of the trial court a decree based thereon will […]

(475 P.2d 330) The People of the State of Colorado v. Erb. No. 24785.Supreme Court of Colorado. Decided October 13, 1970. From dismissal of careless driving charge by county court on ground that careless driving statute was not applicable because alleged unlawful act occurred on “private parking lot” and affirmance of dismissal by district court, […]

(501 P.2d 1334) Robert E. Adams v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and Martin Marietta Corporation No. 72-013Colorado Court of Appeals. Decided October 11, 1972. Employee, having been offered new position, tendered his resignation from his job, but offer of new position was subsequently withdrawn. From a […]

Board of County Commissioners of the County of Morgan, State of Colorado, Plaintiff-Appellee, v. Elmer Kobobel and Mariam Kobobel, Defendants-Appellants, and Wade E. Castor, E. Todd Castor, Karen S. Kelley, and Riverview Cemetery Association, Defendants. No. 01CA2450.Colorado Court of Appeals. Div. I. December 19, 2002. Certiorari Denied July 28, 2003. Page 402 Morgan County District […]

(574 P.2d 876) Edward Ciancio and William Ciancio v. E. Max Serafini, C.S., Meurer, and M. R. Meurer No. 76-559Colorado Court of Appeals. Decided October 27, 1977. Opinion modified and as modified petition for rehearing denied November 25, 1977. Certiorari denied February 21, 1978. In action against surveyors for damages resulting from allegedly negligent survey, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert Rocky Green, Defendant-Appellant. No. 86CA0848Colorado Court of Appeals. Decided April 14, 1988. Rehearing Denied May 19, 1988. Certiorari Denied August 15, 1988 (88SC295). Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge Page 815 Duane Woodard, Attorney General, Charles B. Howe, […]

(412 P.2d 897) Franklin M. Derby, Et Al. v. Police Pension and Relief Board of the City and County of Denver, Et Al. No. 21026Supreme Court of Colorado. Decided April 4, 1966. Action by group of police officers seeking to recover amounts contributed by them to pension and relief fund and for an accounting. Judgment […]

Peter F. Kohler; Christa E. Kohler; Peter F. Kohler Revocable Trust; and Christa E. Kohler Revocable Trust, Plaintiffs-Appellants, v. Germain Investment Company, a Colorado corporation; Clyde Eaton Smith, an individual; David McMahon, an individual; and Conoco, Inc., a Delaware corporation, Defendants-Appellees. No. 95CA0715Colorado Court of Appeals. September 26, 1996 Petition for Rehearing DENIED November 14, […]