Category: Colorado Court Opinions

The People of the State of Colorado, Complainant, v. Jimmie Joe Honaker, Attorney-Respondent. No. 91SA35Supreme Court of Colorado. Decided June 3, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Jimmie Joe Honaker, Pro Se. EN BANC PER CURIAM [1] In this disciplinary proceeding, a hearing board […]

9 P.2d 284 MILLION ET AL. v. BOTEFUR ET AL. No. 12,599.Supreme Court of Colorado. Decided March 7, 1932. Action for partition of real estate. Judgment for defendants. Affirmed. 1. DEEDS — Construction. A deed will not be so construed as to render it a nullity as to any of the parties thereto, if, by […]

Ralph Gonzales v. The District Court in and for the County of Otero, State of Colorado, and the Honorable Fred E. Sisk, one of the Judges thereof No. 80SA553Supreme Court of Colorado. Decided June 15, 1981. Original Proceeding Page 1075 Lawrence K. Dean, Philip M. Bienvenu, Colorado Rural Legal Services, Inc., for petitioner. Michael T. […]

The People of the State of Colorado, Plaintiff-Appellee, v. William T. Watkins, Defendant-Appellant. No. 83SA257Supreme Court of Colorado. Decided June 25, 1984. Rehearing Denied July 16, 1984. Appeal from the District Court, County of El Paso Hon. Hunter D. Hardeman, Judge Page 235 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard […]

447 P.2d 1005 Susan Hoffman v. James B. Hoffman. No. 23507.Supreme Court of Colorado. Decided December 16, 1968. From refusal of trial court to hear evidence or make a final award of attorneys’ fees to wife in divorce action, wife brought error. Reversed. 1. DIVORCE — Motion for New Trial — Child Support — Fixing […]

(540 P.2d 1082) The People of the State of Colorado v. Richard A. Ellis No. 26333Supreme Court of Colorado. Decided September 29, 1975. Appeal from an order sentencing defendant to thirty days in jail for contempt. Reversed and Dismissed 1. CONTEMPT — Summary Power — Purpose — Decorum. The summary contempt power is necessary to […]

(256 P.2d 234) BURKHARDT v. BANK OF AMERICA ET AL. No. 16,850.Supreme Court of Colorado. Decided March 16, 1953. Rehearing denied April 20, 1953. An action on a guaranty for the payment of rent. Judgment for plaintiff. Reversed. 1. GUARANTY — Consideration. In an action on a guaranty for the payment of rent, contention that […]

(470 P.2d 18) Mary Monel Schaffer v. District Court in and for the City and County of Denver and Edward J. Keating, a Judge therefor; and Roy Schaffer. No. 24707.Supreme Court of Colorado. Decided June 1, 1970. Original proceeding challenging jurisdiction of district court to stay execution on judgment entered after accumulation of arrearages in […]

The People of the State of Colorado, Plaintiff-Appellee, v. Larry Edward LeMasters Defendant-Appellant. No. 81CA0872Colorado Court of Appeals. Decided February 17, 1983. Rehearing Denied March 17, 1983. Certiorari Granted June 13, 1983. Appeal from the District Court of Arapahoe County Honorable John P. Gately, Judge. Page 574 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(298 P.2d 737) BOARD OF TRUSTEES OF THE POLICEMEN’S PENSION FUND OF THE CITY OF PUEBLO, ET AL. v. JOHN KOMAN. No. 17,824.Supreme Court of Colorado. Decided June 18, 1956. Claim for pension by former member of Police Department. Judgment for plaintiff. Reversed. 1. PENSIONS — Police Department — Resignation. Where policeman had been suspended […]

(559 P.2d 721) Charles C. Shoemaker and Jane K. Shoemaker v. The Mountain States Telephone and Telegraph Company, a Colorado corporation No. 76-038Colorado Court of Appeals. Decided October 28, 1976. Rehearing denied November 26, 1976. Certiorari denied February 7, 1977. Action to recover damages for alleged failure of telephone company to list plaintiff’s name in […]

27 P.2d 1116 PEOPLE EX REL. COLORADO BAR ASSOCIATION v. BOUTCHER. No. 12,547.Supreme Court of Colorado. Decided November 27, 1933. On application of disbarred attorney for reinstatement. Application Granted. Mr. I. L. QUIAT, Mr. FREDERICK P. CRANSTON, for applicant.En Banc. Applicant reinstated without written opinion. For reinstatement: MR. JUSTICE BUTLER, MR. JUSTICE HILLIARD, MR. JUSTICE […]

BMS Partnership, a Colorado Partnership, Plaintiff-Appellee, v. Winter Park Devil’s Thumb Investment Company and Jack W. Randall, Defendants-Appellants. No. 94CA0416Colorado Court of Appeals. Decided June 29, 1995 Petition for Rehearing DENIED August 10, 1995 Petition for Writ of Certiorari GRANTED February 20, 1996 Page 62 Appeal from the District Court of Grand County Honorable Richard […]

In re the Marriage of Ferne Dennin, a/k/a Ferne Lohf, Appellant, and David William Lohf, Appellee. No. 89CA0477Colorado Court of Appeals. Decided April 25, 1991. Appeal from the District Court of the City and County of Denver Honorable Richard T. Spriggs, Judge. Donna J. Schmalberger, for Appellant. No Appearance for Appellee. Division IV. Opinion by […]

Timothy E. Darnall and Frank C. Coberly, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants and Cross-Appellees, v. The City of Englewood, Defendant-Appellee and Cross-Appellant. No. 85CA0501Colorado Court of Appeals. Decided June 18, 1987. Appeal from the District Court of Arapahoe County Honorable John P. Gately, Judge. Miller Leher, Robert C. Leher, for […]

The People of the State of Colorado, Plaintiff-Appellant, v. Claude J. Sharpless, Defendant-Appellee. No. 91SA41Supreme Court of Colorado. Decided April 8, 1991. Interlocutory Appeal from the District Court, Clear Creek County Honorable W. Terry Ruckriegle, Judge. Peter Michaelson, District Attorney, Fifth Judicial District, Robert H. Wheeler, Assistant District Attorney, for Plaintiff-Appellant. Defendant-Appellee not appearing. EN […]

(299 P.2d 1098) THOMAS G. CURRIGAN, AS AUDITOR OF THE CITY AND COUNTY OF DENVER v. WILLIAM E. FLOR AND CITY AND COUNTY OF DENVER. No. 17,890.Supreme Court of Colorado. Decided July 23, 1956. Declaratory judgment action to determine whether plaintiff, receiving a pension as a retired member of the police department, is entitled to […]

Charles Smith and Michael Smith, Petitioners/Cross-Respondents, v. Ronald Zufelt and Katherine Zufelt, as parents and next friends of Kory Zufelt, and Kory Zufelt, Respondents/Cross-Petitioners. No. 92SC845Supreme Court of Colorado. Decided September 12, 1994. Rehearing Denied October 11, 1994. Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH INSTRUCTIONS Page 1179 Shand, […]

Ernie Baylog, Inc., and Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Sally A. Olney, Respondents. No. 95CA1969Colorado Court of Appeals. Decided May 16, 1996 Opinion Modified, and As Modified, Petition for Rehearing DENIED July 25, 1996 Page 362 Review of Order from the Industrial Claim […]

Mark Buschmann, Petitioner, v. Gallegos Masonry, Inc., Colorado Compensation Insurance Authority, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 90CA0174Colorado Court of Appeals. Decided January 17, 1991. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Shakeshaft Chernushin, P.C., Kenneth J. Shakeshaft, for Petitioner. John […]

(566 P.2d 1369) The People of the State of Colorado v. David Lee Anderson No. 76-767Colorado Court of Appeals. Decided July 7, 1977. Rehearing denied July 28, 1977. During pendency of appeal, imprisoned criminal defendant escaped. Appeal Dismissed 1. CRIMINAL LAW — Appeal and Error — Escape — Appeal Pending — AppealDismissed — May Be […]

(607 P.2d 403) W.R. Canda, d/b/a W.R. Canda, Timber Products v. The Industrial Commission of the State of Colorado, (Ex-officio Unemployment Compensation Commission of Colorado), and Michael Kunz, Employee No. 79CA0590Colorado Court of Appeals. Decided February 14, 1980. Operator of sawmill sought review of an Industrial Commission order finding him liable for workmen’s compensation benefits […]

(276 P.2d 750) GREGORY v. GREGORY. No. 17,347.Supreme Court of Colorado. Decided November 22, 1954. An action for divorce and adjudication of the property rights of the parties. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of Boulder County, Hon. William E. Buck, Judge. Mr. ISAAC […]

Frank Duane Lumbardy v. The People of the State of Colorado No. 79SC58Supreme Court of Colorado. Decided March 23, 1981. Certiorari to the District Court in and for the First Judicial District, Honorable Daniel J. Shannon, Chief Judge. Nelson Phillips, P.C., Donald R. Nelson, for petitioner. Nolan L. Brown, District Attorney, Charles James Carroll, Deputy, […]

Sireino Joe Martinez, Petitioner v. The People of the State of Colorado, Respondent. No. 01SC824.Supreme Court of Colorado. En Banc. May 27, 2003. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 00CA175. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART No. 01SC824, Martinez v. People: Sentencing — Habitual Criminal— Special Drug […]

Marilyn F. Pickens, Richard K. Frevert and Corine T. Frevert, as Co-Trustees under a Revocable Living Trust, Plaintiffs-Appellees, v. Leon D. Kemper and Mary A. Kemper, Defendants-Appellants. No. 91CA2057Colorado Court of Appeals. Decided January 28, 1993. Appeal from the District Court of Larimer County Honorable James H. Hiatt, Judge Page 649 Harden, Schmidt, Hass, Hagg […]

In re the Marriage of Mariann E. Dickey, Appellee, and Norman L. Dickey, Appellant. No. 82CA0256Colorado Court of Appeals. Decided October 21, 1982. Rehearing denied November 18, 1982. Page 277 Appeal from the District Court of the County of Delta Honorable Jerry D. Lincoln, Judge. Brown and Brown, Michael Schottelkotte, for appellee. David C. Johnson, […]

(261 P.2d 504) WALLACE, DIRECTOR OF PUBLIC WELFARE v. COUNTY COURT OF GARFIELD COUNTY, ET AL. No. 17,011.Supreme Court of Colorado. Decided August 31, 1953. Rehearing denied September 28, 1953. A proceeding involving a charge of criminal contempt out of the actual presence of the court in session. Respondent was adjudged guilty of contempt. Reversed. […]

Donald L. Cheney, Plaintiff-Appellant, v. State of Colorado Mined Land Reclamation Board, Department of Natural Resources, Defendant-Appellee. No. 90CA1048Colorado Court of Appeals. Decided August 29, 1991. Rehearing Denied October 17, 1991. Certiorari Denied March 10, 1992 (91SC705). Appeal from the District Court of the City and County of Denver Honorable H. Jeffrey Bayless, Judge. David […]

Ad Two, Inc. d/b/a the Coffee Beanery; Airport Concessions, Inc.; Airport Services, Inc. d/b/a Quizno’s and Peaberry Coffee; GRDD, Inc. d/b/a Boyer’s Gourmet Coffees; Laura Devarona d/b/a Varona Imports (Colorado Colors); Dick Jane Pizza, Inc. d/b/a Domino’s Pizza; First Class Baggage Co. f/k/a Golden Eel Import Co. of Colorado; Kellen Industries, Inc., d/b/a Rocky Mountain […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee v. Nina B. RICE, Defendant-Appellant. No. 05CA0931.Colorado Court of Appeals. May 15, 2008. Rehearing Denied July 10, 2008. Appeal from the District Court, City and County of Denver, Sheila A. Rappaport, J. Page 1242 John W. Suthers, Attorney General, Deborah Isenberg Pratt, Assistant Attorney General, Denver, Colorado, […]

(365 P.2d 687) ARTHUR P. GARCIA, ET AL. v. ADJUSTMENT BUREAU, INC. No. 19,587.Supreme Court of Colorado. Decided October 23, 1961. Action in forcible entry and detainer. Judgment for plaintiff. Affirmed. 1. BANKRUPTCY — Real Property — Trustee — Disclaimer. Where real property was levied upon and sold under execution within four months of owner’s […]

(386 P.2d 976) SIMPSON AND COMPANY, ET AL., v. JOHN B. WHEELER AND THE INDUSTRIAL COMMISSION OF COLORADO. No. 20,650.Supreme Court of Colorado. Decided November 18, 1963. Rehearing denied December 9, 1963. From a judgment affirming an award of the Industrial Commission in a Workmen’s Compensation matter, the employer and insurer bring error. Affirmed. 1. […]

120 P.2d 196 BUTLER, CONSERVATOR v. BYRNE. No. 14,820.Supreme Court of Colorado. Decided November 17, 1941. Rehearing denied December 15, 1941. On motion to set aside a decree of divorce. Demurrer to motion sustained and decree upheld. Affirmed. 1. APPEAL AND ERROR — Divided Court. The participating Justices being equally divided in opinion as to […]

(532 P.2d 45) The People of the State of Colorado v. William Leslie Holcomb No. 25410Supreme Court of Colorado. Decided February 10, 1975. Defendant was convicted of one count of unlawfully dispensing a dangerous drug, phencyclidine, and a second count of sale with intent to induce or aid another to unlawfully use or possess a […]

Charles A. Nichols, Plaintiff-Appellant, v. Burlington Northern and Santa Fe Railway Company, Defendant-Appellee. No. 01CA1279Colorado Court of Appeals. August 1, 2002 City and County of Denver District Court No. 00CV4787; Honorable Warren O. Martin, Judge. Page 107 JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 108 Roberts Levin Patterson PC, Thomas L. Roberts, Christine K. […]

John Sandoval, Petitioner-Appellant, v. Eugene L. Farish, District Attorney, 12th Judicial District, Respondent-Appellee. No. 82SA330Supreme Court of Colorado. Decided January 16, 1984. Appeal from the District Court of Conejos County Honorable Robert W. Ogburn, Judge Page 301 Valdez Valdez, Felix D. Valdez, for petitioner-appellant. Eugene L. Farish, Pro Se, Raymond T. Slaughter, for Colorado District […]

85 P.2d 1120 PEOPLE EX REL. SCHRIBNER v. CALDWELL ET AL. No. 14,489.Supreme Court of Colorado. Decided December 12, 1938. Judgment affirmed en banc on application for supersedeas without written opinion. Error to the District Court of Pueblo County, Hon. Harry Leddy, Judge. Mr. JOSEPH L. PETERSON, for plaintiff in error. Messrs. LANGDON BARBRICK, for […]

In re the Marriage of: Brent Hauger, Appellant, and Claribel Hauger, Appellee. No. 82CA1477Colorado Court of Appeals. Decided March 1, 1984. Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Page 605 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

184 P.2d 870 SLOSS v. McKELVY ET AL. No. 15,577.Supreme Court of Colorado. Decided September 15, 1947. An action on account evidenced by a bank check. Judgment for plaintiff. PER CURIAM. Judgment affirmed in department without written Page 168 opinion, MR. CHIEF JUSTICE BURKE, MR. JUSTICE JACKSON and MR. JUSTICE LUXFORD, participating. Error to the […]

In the Matter of the Estate of Mary Elizabeth Benney, Deceased. Robert A. Carvell and Gary S. Link, Appellants, v. The State of Colorado, Appellee. No. 86CA0659Colorado Court of Appeals. Decided October 20, 1988. Rehearing Denied November 17, 1988. Certiorari Granted People March 13, 1989 (88SC619). Appeal from the District Court of El Paso County […]

Jesse Bernal, Petitioner v. The People of the State of Colorado Respondent. No. 00SC12Supreme Court of Colorado. March 18, 2002 Rehearing Denied April 22, 2002.[*] [*] Justice COATS would grant the Petition for Rehearing. Certiorari to the Colorado Court of Appeals, Court of Appeals No. 98CA448. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND REMANDED […]

The People of the State of Colorado, Plaintiff-Appellee, v. Darral Ellis, Defendant-Appellant. No. 92CA0632Colorado Court of Appeals. Decided November 4, 1993. Rehearing Denied December 16, 1993. Certiorari Denied May 9, 1994. Appeal from the District Court of Arapahoe County Honorable Deanna E. Hickman, Judge No. 91CR455 ORDER AFFIRMED Gale A. Norton, Attorney General, Raymond T. […]

Belmore T. Martin and Marion M. Martin, Park Lane Condominium Association, American Invesco, Katherine Wuth, Frank McWilliams, Donald Baldovin, Aksel Nielsen, Arline Bragar, Monroe Tyler, Patricia Walter, William McClintock, Harry Struck, Charles Dewey, Edward Perry, Judith Freehling, Judith Pasternack, Dorothy Davidor, Lupe-Rebeka Sananiego, Stephan Ring, John Kellar, Walter Rothermal, Sheila Heller, Edward Cribbs, Sidney Werkman, […]

In Re the Matter of the Death of Larry Corbin: Linda Corbin, Petitioner, v. The Industrial Commission of the State of Colorado; Director, Department of Labor and Employment, Division of Labor, State of Colorado; Hahn Plumbing and Heating, Inc.; and The Colorado State Compensation Insurance Fund, Respondents. No. 85CA0541Colorado Court of Appeals. Decided July 3, […]

(537 P.2d 1089) Daniel L. Hyzak and Darlene J. Hyzak v. Jacob Greybar and George K. Fish and Faith Realty Development Co. No. 74-334Colorado Court of Appeals. Decided June 3, 1975. Rehearing denied June 20, 1975. Certiorari denied August 5, 1975. Purchasers of real property brought action against seller, his broker, and broker’s employee alleging […]

The People of the State of Colorado, Plaintiff-Appellant, v. Thomas Joseph Paquin and Christina Ann Ammon-Paquin, Defendants-Appellees. No. 91SA94Supreme Court of Colorado. Decided June 10, 1991. Interlocutory Appeal from the District Court of Larimer County. Page 395 Stuart A. VanMeveren, District Attorney, Loren B. Schall, Assistant District Attorney, Jolene L. Carman, Deputy District Attorney, for […]

(444 P.2d 641) Flavio Paufilo “Sonny” Martinez v. The People of The State of Colorado. No. 23141.Supreme Court of Colorado. Decided September 3, 1968. Defendant was convicted of burglary and conspiracy to commit burglary and brought error. Reversed. 1. INSTRUCTIONS, CRIMINAL — Accessory — Paragraph — Error — Burglary — Conspiracy. Where trial court purported […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Anthony FORD, Defendant-Appellant. No. 03CA0343.Colorado Court of Appeals. Division A. July 1, 2004. Certiorari Denied November 15, 2004. Appeal from the District Court, Mesa County, Nicholas R. Massaro, J. Page 541 Ken Salazar, Attorney General, Roger G. Billotte, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Kimberly […]

(533 P.2d 916) Princeville Corporation v. John Brooks, Judge of the District Court in and for the City and County of Denver, State of Colorado. No. 26685Supreme Court of Colorado. Decided March 10, 1975. Opinion modified and as modified rehearing denied April 14, 1975 Original proceeding by petitioner corporation as holder of deed of trust […]

(441 P.2d 645) In Re District 50 Metropolitan Recreation District, Adams County, Colorado v. Petitions of Exclusion by R. A. Furbush, Harold Bruchez, Arthur Bruchez and Inez Bruchez. No. 21847.Supreme Court of Colorado. Decided June 10, 1968. From an order of the district court granting petitions for exclusion of two tracts of land from the […]

Joe Benavidez, Defendant-Appellant, v. The People Of The State of Colorado, Plaintiff-Appellee. No. 99SA160Supreme Court of Colorado. October 4, 1999 Appeal from the District Court, Weld County Honorable Jonathan Hays, Judge. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Page 944 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of: J.L.G. and J.L.G., Children, And Concerning D.L.G., Respondent-Appellant, and Oglala Sioux Tribe, Intervenor-Appellant. No. 82CA1109Colorado Court of Appeals. Decided February 16, 1984. Rehearing Denied March 29, 1984. Appeal from the Juvenile Court of the City and County of Denver Honorable Morris E. Cole, […]

The People of the State of Colorado, Complainant, v. Calla Marie Smith, Attorney-Respondent. No. 94SA214Supreme Court of Colorado. Decided September 12, 1994 Original Proceeding in Discipline ATTORNEY SUSPENDED Page 764 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Calla Marie Smith, Not appearing EN BANC PER CURIAM [1] […]

(528 P.2d 966) Puffer Mercantile Co., and Division of State Compensation Insurance Fund v. Remijio Arellano, and Industrial Commission of Colorado No. 74-141Colorado Court of Appeals. Decided October 30, 1974. Rehearing denied November 19, 1974. Certiorari granted December 23, 1974. Following surgery for removal of the left and right epididymides and the Page 435 left […]

The People of the State of Colorado, Plaintiff-Appellee, v. Barry D. Wilhite, Defendant-Appellant. No. 91SA58Supreme Court of Colorado. Decided October 7, 1991. Rehearing Denied November 12, 1991. Appeal from District Court, Pueblo County Honorable John R. Tracey, Judge. Page 1018 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, […]

The People of the State of Colorado, Plaintiff-Appellant and Cross-Appellee, v. Jeron J. Grant, Defendant-Appellee and Cross-Appellant. No. 98CA2099.Colorado Court of Appeals. August 17, 2000 Certiorari Granted September 10, 2001 Page 668 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 669 Appeal […]

Brian R. Popke, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Drywall Service of Durango, and Colorado Compensation Insurance Authority, Respondents. No. 96CA1782Colorado Court of Appeals. August 14, 1997 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. 4-262-510 Page 678 ORDER VACATED AND […]

188 P.2d 894 STAHL v. COOPER. No. 15,869.Supreme Court of Colorado. Decided January 12, 1948. An action for damages for personal injuries resulting from an auto-pedestrian accident. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Pedestrians — Right of Way. Where a pedestrian is crossing a street within a crosswalk at the end of a block […]

The People of the State of Colorado, Plaintiff-Appellee, v. Demarco Jamaal White, Defendant-Appellant. No. 00CA2028Colorado Court of Appeals. March 28, 2002 Certiorari Denied October 7, 2002 Page 221 Arapahoe County District Court No. 99CR3325; Honorable John P. Leopold, Judge. JUDGMENT AFFIRMED. Page 222 Ken Salazar, Attorney General, Esteban A. Martinez, Assistant Attorney General, Denver, Colorado, […]

Rose Martin, Roberta Keck, Judith Gonzales, Ben Tolin, Paul McDonald, Robert Townsend, John Dahm, Maureen Dewey, Cheryl Carmichael, Lycinda Conger, Donna Koontz, Carol Erner, Sally Wilson, Barbara McGuire, Kathleen Cellar, Margaret Miller, Kenneth Hosmer, Frank Mascarenas, Ronald Maas, Daniel Fulks, Bruce Baylor, Jeanne Barlow, Deborah Keel, Paul Crawford, Robert Erner, Bill Cooper, Linda Allar, Kenneth […]

(588 P.2d 888) William L. Blankenship and Juanita Blankenship v. Iowa National Mutual Insurance Company No. 78-255Colorado Court of Appeals. Decided October 19, 1978. Rehearing denied November 2, 1978. Certiorari denied January 8, 1979. From judgment finding that their “no fault” insurance carrier was not liable for payment of plaintiffs’ chiropractic treatments, plaintiffs appealed. Affirmed […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jody JOWELL, Defendant-Appellant. No. 04CA1816.Colorado Court of Appeals. January 24, 2008. Certiorari Denied August 20, 2008. Appeal from the District Court, Saguache County, O. John Kuenhold and Robert W. Ogburn, JJ. Page 39 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

PEREZ, Plaintiff-Appellant, v. Arthur R. GROVERT, Defendant-Appellee. No. 97CA0998Colorado Court of Appeals. Division V. July 23, 1998 Appeal from the District Court of Adams County, Honorable Harlan R. Bockman, Judge, No. 96CV2139 Affirmed. Page 997 Law Office of Richard K. Blundell, Richard K. Blundell, Greeley, for Plaintiff-Appellant. Zupkus Ayd, P.C., Larry N. Harris, Greenwood Village, […]

(491 P.2d 575) The People of the State of Colorado v. Gilbert Ray Moreno. No. 25047.Supreme Court of Colorado. Decided December 13, 1971. Interlocutory appeal by defendant from a trial court ruling which denied his motion to suppress a statement made by him following his arrest for grand theft and conspiracy to commit grand theft. […]

69 P.2d 1118 PRUDENTIAL INSURANCE COMPANY OF AMERICA v. KNEEBONE. No. 14,048.Supreme Court of Colorado. Decided June 21, 1937. Judgment affirmed in department without written opinion, Mr. Chief Justice Burke, Mr. Justice Bouck and Mr. Justice Young, participating. Error to the District Court of Boulder County, Hon. Frederic W. Clark, Judge. Messrs. BENEDICT PHELPS, for […]

181 P.2d 468 PARDEE v. SNYDER, ET AL. No. 15,828.Supreme Court of Colorado. Decided May 26, 1947. A proceeding in juvenile court involving the question of dependency of a minor child, and its adoption by defendants in error. Decree of adoption entered. Judgment affirmed in department without written opinion, MR. CHIEF JUSTICE BURKE, Mr. JUSTICE […]

(309 P.2d 605) CHARLES E. PARKER v. PEOPLE OF THE STATE OF COLORADO, EX REL. NETTIE LAVERN WOODS, ET AL. No. 17,947.Supreme Court of Colorado. Decided April 1, 1957. Rehearing denied April 29, 1957. Proceeding for review of order revoking real estate broker’s license. Write of Error Dismissed. 1. TRIAL — Judgment — Moot Question. […]

(279 P.2d 427) THOMAS, POTENTATE ET AL. v. DUNNE. No. 17,360.Supreme Court of Colorado. Decided January 17, 1955. Rehearing denied February 7, 1955. An action against an unincorporated association for damages allegedly sustained by plaintiff, “resulting from treatment to which he was subjected while being initiated into membership in said association.” Judgment for plaintiff. Affirmed […]

Stanley Richards, Plaintiff-Appellant, v. The County Court in and for the County of Weld, and The Honorable Willis W. Kulp, County Court Judge, Defendants-Appellees. No. 88CA1350Colorado Court of Appeals. Decided November 9, 1989. Rehearing Denied February 1, 1990. Certiorari Granted June 25, 1990 (90SC117). Certiorari Granted on the following issues: Whether the court of appeals […]

(424 P.2d 760) Lloyd C. Axel and Emily A. Axel v. H. H. Hankins Finance Company, a corporation. No. 21269.Supreme Court of Colorado. Decided March 13, 1967. Action by buyers of diamond ring against finance company for damages for refusal to deliver ring, or, in the alternative to reform contract of purchase. Judgment for defendant. […]

The PEOPLE of the State of Colorado, Complainant, v. Donald R. CARWIN, Respondent. Nos. 05PDJ084, 06PDJ020.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. August 22, 2006. Attorney Regulation. Following a sanctions hearing, the Presiding Disciplinary Judge disbarred Respondent Donald R. Carwin (Attorney Registration No. 07265) from the practice […]

(488 P.2d 80) Willie Howard Swift v. The People of the State of Colorado. No. 23709.Supreme Court of Colorado. Decided April 12, 1971. Rehearing granted June 1, 1971. Defendant was sentenced as an habitual criminal. From denial of his motion under Crim. P. 35(b) to have sentence vacated on ground that he had not been […]

Circle C Beef Company, Plaintiff-Appellant, v. Home Insurance Co., Reed Shaw Stenhouse, Inc., and Fred A. Embry, Defendants-Appellees. No. 82CA0215Colorado Court of Appeals. Decided October 28, 1982. Appeal from the District Court of the City and County of Denver Honorable John Brooks, Jr., Judge Ehrlich Futro, Michael L. Ehrlich, for plaintiff-appellant. Watson, Nathan Bremer, P.C., […]

(519 P.2d 1188) Master Kraft Builders Corp., a Colorado corporation v. City of Lakewood No. 26193Supreme Court of Colorado. Decided March 4, 1974. Petition filed by private corporation for disconnection from city pursuant to statute. From dismissal of petition on motion of city, the corporation appealed. Reversed 1. TOWNS AND CITIES — Disconnection — Proper […]

Larry D. Johnston; Lawrence G. Lyon; and H. Rodgers Company, a Colorado general partnership, Plaintiffs-Appellants, v. CIGNA Corporation; CIGNA Individual Financial Services Company; CIGNA Securities, Inc.; CIGNA Financial Partners, Inc.; CIGNA Holdings, Inc; and M. Doak Jacoway, Defendants-Appellees. No. 93CA1664Colorado Court of Appeals. Decided March 7, 1996 Petition for Rehearing DENIED August 1, 1996 Appeal […]

(354 P.2d 618) DENVER ELECTRIC AND NEON SERVICE CORP. v. GERALD H. PHIPPS, INC. No. 18,884.Supreme Court of Colorado. Decided August 8, 1960. Action by payee of bank check against drawer, drawee bank and others for wrongfully paying check without indorsement of the payee. From summary judgments for the several defendants the plaintiff brings error. […]

Alvin Lee Williams, Complainant-Appellee, and Colorado State Personnel Board, Appellee, v. Colorado Department of Corrections, Respondent-Appellant. No. 94CA1280Colorado Court of Appeals. January 25, 1996 Petition for Rehearing DENIED April 25, 1996 Petition for Writ of Certiorari DENIED November 12, 1996 Appeal from the Colorado State Personnel Board, No. 912B154. ORDER VACATED E. Hil Margolin, Denver, […]

In Re: Kevin O’DONNELL and Renee Bryant, Defendants v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff. No. 07SA296.Supreme Court of Colorado. June 9, 2008. Appeal from the District Court, City and County of Denver, John W. Madden, IV, J. Page 47 Ralph Ogden, Wilcox Ogden, P.C., Robert K. Reimann, James E. Freemyer, P.C., Denver, Colorado, […]

(323 P.2d 892) ROBERT SPROWEL RODGERS, IV, v. JANET UHL RODGERS. No. 18,278.Supreme Court of Colorado. Decided February 3, 1958. Rehearing denied April 21, 1958. From orders relating to alimony, child support and division of property entered subsequent to the final decree in a divorce case, the defendant brings error. Affirmed. 1. DIVORCE — Alimony […]

(323 P.2d 280) DOLORES GARCIA, ET AL. v. BERT THOMPSON. No. 18,050.Supreme Court of Colorado. Decided March 24, 1958. From denial of a motion to set aside defaults, the defendants bring error. Writ of Error Dismissed. 1. JUDGMENT — Default — Motion to Vacate — Appeal and Error. Denial of a motion to set aside […]

In the Matter of the Title, Ballot Title, and Submission Clause Approved February 2, 1994, Respecting the Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the City of Antonito (Limited Gaming IV), as Determined on Motion for Rehearing. Angela Wheeler, Robert Fabec, Ray A. Covi, Jr., George S. Shady and Michael T. Giarratano, Petitioners, and […]

490 P.2d 315 School District No. Fifty of Adams County, State of Colorado v. Lottie E. Witthaus No. 71-259 (Supreme Court No. 24386)Colorado Court of Appeals. Decided August 24, 1971. Rehearing denied September 28, 1971. Certiorari denied November 22, 1971. District court ordered reinstatement of tenured teacher following her dismissal by school board. School board […]

32 P.2d 263 DILLIARD v. WILSON. No. 13,131.Supreme Court of Colorado. Decided April 23, 1934. Action to recover for architectural services rendered. Judgment for plaintiff. Reversed. 1. INSTRUCTIONS — Requests — Appeal and Error. It is error for the trial court to refuse to give requested instructions when by such refusal a material issue, supported […]

National Heritage, Inc., a corporation doing business as Pikes Peak Manor; and William B. Weber, Plaintiffs-Appellants, v. Walter M. Pritza; Jean A. Pritza; Ronald Cockrell; and The City Council of the City of Colorado Springs, a municipal corporation, Defendants-Appellees. No. 85CA1240Colorado Court of Appeals. Decided October 2, 1986. Appeal from the District Court of El […]

(512 P.2d 1241) Lakewood Pawnbrokers, Inc., a Colorado Corporation v. The City of Lakewood, Colorado, a Municipal Corporation No. 25808Supreme Court of Colorado. Decided August 7, 1973. Declaratory judgment action challenging the constitutionality of certain provisions of city ordinance providing for licensing and regulation of pawnbrokers. From judgment declaring the ordinance invalid the city appealed. […]

(417 P.2d 502) Colorado Skyline Investments, LTD., George L. Coon and Maxine B. Coon v. District Court in and for the County of Boulder and State of Colorado, and Honorable Howard O. Ashton as District Judge. No. 22333.Supreme Court of Colorado. Decided August 29, 1966. Original proceeding by petitioners against district court and district judge […]

Wendy A. Kratzer, Plaintiff-Appellant, v. Colorado Intergovernmental Risk Share Agency and The City of Lafayette, Defendants-Appellees. No. 99CA1471.Colorado Court of Appeals. May 11, 2000. Petition for Rehearing DENIED August 17, 2000. Appeal from the District Court of Boulder County, Honorable Carol Glowinsky, Judge, No. 98CV1056. JUDGMENT AFFIRMED Page 767 Wendy A. Kratzer, Pro Se. Watson, […]

(532 P.2d 372) Opal C. Barker, Individually, and as Conservatrix of the Estate of Jack Barker, also known as Jack Lee Barker, Mental Incompetent v. Colorado Region — Sports Car Club of America, Inc., a Colorado corporation, Alex S. Keller, Churchill Blackwell, Joyce S. Steinhardt, Successor Special Administratrix of the Estate of James E. Mulhall, […]

(591 P.2d 589) The People of the State of Colorado v. Thomas Duane Shockley No. 78-145Colorado Court of Appeals. Decided November 24, 1978. Rehearing denied December 21, 1978. Certiorari denied February 26, 1979. Convicted of obstructing a peace officer, defendant appealed. Affirmed 1. CRIMINAL LAW — Jailer — Peace Officer — Within Statutory Definition — […]

(424 P.2d 779) Alano Dass and Roxanne Dass v. Frederick W. Epplen, John W. Epplen and Helen Epplen No. 21313.Supreme Court of Colorado. Decided March 6, 1967. Action in equity by purchasers against vendors to recover sum of money on theory that retention of such sum would result in unjust enrichment. Judgment for plaintiffs. Affirmed. […]

(486 P.2d 6) The People of the State of Colorado v. Keith R. McFall, a/k/a Robert Fall No. 25008Supreme Court of Colorado. Decided June 14, 1971 Appeal from the denial of a petition for writ of habeas corpus. Reversed. 1. ARREST — Warrant — Affidavit — Charge — Facts — Justification — Finding — Fourth […]

Helen E. Whinnery, Plaintiff-Appellee, v. Nicole Renea Thompson and Sonya Ann Thompson, Defendants-Appellants. No. 92CA0752Colorado Court of Appeals. Decided April 22, 1993. Certiorari pending 08/18/93 (93SC495). Opinion Modified, and as Modified Rehearing Denied July 8, 1993. Appeal from the District Court of Gunnison County Honorable Thomas Goldsmith, Judge Page 1096 Mathis and Masters, P.C., David […]

(261 P.2d 1017) BATTAGLIA ET AL. v. MOORE. No. 17,044.Supreme Court of Colorado. Decided October 5, 1953. An action in mandamus to compel the issuance of a barber’s license to plaintiff. Judgment for plaintiff. Affirmed. 1. TRIAL — Court Orders — Judgments. In an action in mandamus to compel the issuance of a barber’s license […]

HELTER MUTUAL INSURANCE COMPANY, Petitioner/Cross-Respondent v. MID-CENTURY INSURANCE COMPANY, Respondent/Cross-Petitioner. No. 09SC62.Supreme Court of Colorado. January 18, 2011. Appeal from the District Court, Arapahoe County, Gerald J. Rafferty, J. Page 652 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 653 [EDITORS’ NOTE: […]