Category: Colorado Court Opinions

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: […]

AMERICAN APPLIANCES, INC. and Liberty Mutual Insurance Company, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Charles E. Bodine, Respondents. No. 06CA1260.Colorado Court of Appeals. May 31, 2007. Page 268 Appeal from the Office that workers’ Law Offices of Richard P. Myers, Jonathan S. Robbins, Denver, Colorado, for Petitioners. No Appearance […]

Howard Electrical and Mechanical, Inc., Petitioner, v. The Department of Revenue of the State of Colorado, a Department of the State, and Alan Charnes, Executive Director of the Department of Revenue, Respondents. No. 87SC338Supreme Court of Colorado. Decided March 13, 1989. Rehearing Denied March 27, 1989. Opinion modified and, as modified, Rehearing Denied, April 17, […]

The PEOPLE of the State of Colorado, Complainant v. Susan G. HAINES, Respondent. No. 04PDJ112.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. April 21, 2006. Page 1022 Attorney Regulation. Following a hearing pursuant to C.R.C.P. 251.18, a Hearing Board disbarred Susan G. Haines (Attorney Registration No. 05996), effective […]

State Department of Highways, Division of Highways, State of Colorado, Petitioner-Appellant, v. Anvil Point Properties, Ltd., N.P. Dodge Co., Ltd.; N.P. Dodge Co.; Malcomb Jolley; and Bernice McDonald, as Treasurer of Garfield County, Respondents-Appellees. No. 85CA0123Colorado Court of Appeals. Decided June 5, 1986. Appeal from the District Court of Garfield County Honorable Gavin D. Litwiller, […]

Jane HAMMOND, Plaintiff-Appellant, v. PUBLIC EMPLOYEES’ RETIREMENT ASSOCIATION OF COLORADO and Board of Trustees of the Public Employees’ Retirement Association of Colorado, Defendants-Appellees. No. 08CA0078.Colorado Court of Appeals. September 17, 2009. Appeal from the District Court, Denver County, Larry J. Naves, J. Page 427 DiGiacomo, Jaggers Perko, LLP, David R. DiGiacomo, Douglas J. Perko, Arvada, […]

The People of the State of Colorado, Complainant, v. Joseph Henry Hellewell, Attorney-Respondent. No. 91SA339 No. 91SA411Supreme Court of Colorado. Decided March 23, 1992. Original Proceeding in Discipline. Page 528 Linda Donnelly, Disciplinary Counsel, for Complainant. Attorney-Respondent not appearing. EN BANC PER CURIAM [1] The respondent, Joseph Henry Hellewell, was the subject of two attorney […]

J S Enterprises, Inc., a Colorado corporation, d/b/a Borg’s Children’s Cottage, Jim Percival, individually, d/b/a Borg’s Children’s Cottage, and Sharon Percival, Plaintiffs-Appellants, v. Continental Casualty Company, Defendant-Appellee. No. 90CA0648Colorado Court of Appeals. Decided July 5, 1991. Rehearing Denied August 8, 1991. Certiorari Denied March 10, 1992 (91SC509). Page 1021 Appeal from the District Court of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Dennis Eugene Angel, Defendant-Appellant. No. 84CA1230Colorado Court of Appeals. Decided July 27, 1989. Rehearing Denied September 21, 1989. Certiorari Denied April 2, 1990 (89SC587). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Page 845 Duane Woodard, Attorney General, Charles B. Howe, […]

(362 P.2d 406) LOUISE N. SHORT v. DISTRICT COURT OF JEFFERSON COUNTY, ET AL. No. 19,800.Supreme Court of Colorado. Decided June 5, 1961. Rehearing denied June 19, 1961. Original proceeding in prohibition to restrain district court from proceeding in liquor licensing action. Rule to show cause issued. Rule Made Absolute. 1. PROHIBITION — Revocation of […]

Fred Gorsich, Estate of Frank Cadwell, Woodrow Cawlfield, Joe Centa d/b/a Centa Dairy Farm, Dave Centa, Dallas Cooper, Donald Cooper, Richard Delong, Arthur Fillmore, Larry Fillmore, Gary Hanagan, Ed Jersin, Klun Farm and Cattle, a Colorado Partnership, Joe Lopresti, Sr., Joe Lopresti, Jr., Frank Nesselhuf, Ray Pieper, Joe Pritekel, Phil Prutch, Tony Thomas, Clyde Wilcox, […]

ARCHANGEL DIAMOND CORPORATION, Petitioner, v. LUKOIL and Arkhangelskgeoldobycha, Respondents. No. 04SC455.Supreme Court of Colorado. November 21, 2005. As Modified on Denial of Rehearing December 19, 2005. Appeal from the District Court, City and County of Denver, No. 01CV6514, William D. Robins, J. Page 1188 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

(622 P.2d 79) Benito R. Martinez and Genevieve Koontz, individually and as next friend of Elena L. Padilla and Harley Padilla, minors v. American Standard Insurance Company of Wisconsin No. 79CA1050Colorado Court of Appeals. Decided June 19, 1980. Rehearing denied July 17, 1980. Certiorari denied December 15, 1980. In action concerning insurer’s denial of coverage […]

19 P.2d 208 KIMBLE v. THE PEOPLE. No. 13,141.Supreme Court of Colorado. Decided January 30, 1933. Action to enjoin operation of motor vehicles as carriers for compensation over public highways without legal authority. Injunction granted. Affirmed. 1. MOTOR VEHICLES — Carriers — Public Highways — Injunction. Injunction may issue to prohibit operation of motor vehicles […]

(590 P.2d 987) Emanuel Arellano v. Director, Division of Labor, Industrial Commission of the State of Colorado, Mountain States Telephone and Telegraph Company No. 77-1067Colorado Court of Appeals. Decided February 1, 1979. Petitioner sought review of Industrial Commission order denying his petition to reopen and reinstate his original workmen’s compensation benefits Order Affirmed in Part, […]

(521 P.2d 170) Thomas L. Santilli and Marlene Santilli v. Pueblo, a Municipal Corporation No. C-395Supreme Court of Colorado. Decided April 15, 1974. Action against city for injuries and property damage sustained by plaintiffs in collision with police cruiser at uncontrolled intersection at which view of each driver was obstructed. District court entered judgment on […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Wakefield McAFEE, Defendant-Appellant. No. 04CA1480.Colorado Court of Appeals. January 25, 2007. As Modified on Denial of Rehearing April 12, 2007. Appeal from the District Court, City and County of Denver, Robert S. Hyatt, J. Page 278 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

Ranger Insurance Company, Metro Oil Products, Inc., and Sherry Hoggard, Petitioners, v. The District Court in and for the City and County of Denver, State of Colorado, and John Brooks, sitting as the Judge of said Court, Respondents. No. 82SA61Supreme Court of Colorado. Decided July 12, 1982. Original Proceeding Page 1230 Morrato, Bieging, Burrus Colantuno, […]

Andrew Steven Cardiel, Petitioner-Appellant, v. Jim Brittian, Superintendent of the Limon Correctional Facility, Respondent-Appellee. No. 91SA348Supreme Court of Colorado. Decided July 20, 1992. Appeal from District Court, Lincoln County Honorable Norman L. Arends, Judge. Page 749 David F. Vela, Colorado State Public Defender, Kathleen A. Lord, Deputy State Public Defender, for Petitioner-Appellant. Gale A. Norton, […]

30 P.2d 858 RADETSKY v. MONTGOMERY ET AL. No. 13,104.Supreme Court of Colorado. Decided March 5, 1934. Action for attorneys’ fees. Judgment for plaintiffs. Affirmed. 1. RECEIVERS — Leased Property. Where a company defaults under the terms of a lease of mining property, a receiver of the company, upon notice of breach of terms of […]

(573 P.2d 557) The People of the State of Colorado v. Donald E. Campbell, District Court Judge, Fourth Judicial District, State of Colorado No. 27803Supreme Court of Colorado. Decided January 16, 1978. Original proceeding in which petitioner seeks relief in the nature of prohibition from an order of the respondent district court and one of […]

197 P.2d 157 INDUSTRIAL COMMISSION v. PACIFIC EMPLOYERS INSURANCE COMPANY ET AL. No. 16,100.Supreme Court of Colorado. Decided August 23, 1948. A proceeding under the Workmen’s Compensation Act. An award to claimant of compensation for accidental hernia was vacated by the district court. Affirmed. 1. WORKMEN’S COMPENSATION — Hernia. An employee to be entitled to […]

The PEOPLE of the State of Colorado, Complainant, v. James F. DONALDSON, Respondent. No. 06PDJ085.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. June 29, 2007. Page 318 Attorney Regulation. Following a Sanctions Hearing, a Hearing Board suspended Respondent James F. Donaldson (Attorney Registration No. 08951) from the practice […]

Gary L. SNYDER, D.P.M., R.V.T., Appellant, v. COLORADO PODIATRY BOARD, Appellee. No. 02CA1648.Colorado Court of Appeals. Division V. February 26, 2004. Rehearing Denied April 1, 2004. Certiorari Denied November 8, 2004. Page 497 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 498 […]

208 P.2d 82 PEOPLE EX REL. METZGER, ATTORNEY GENERAL v. DISTRICT COURT OF DENVER ET AL. No. 16,274.Supreme Court of Colorado. Decided June 13, 1949. On petition for writ of prohibition. Alternative Writ Dismissed. 1. PRACTICE AND PROCEDURE — Prohibition — Dismissals. Where proceedings initiated for a writ of prohibition have become moot, the rule […]

(242 P.2d 615) PEOPLE EX REL. ATTORNEY GENERAL v. NEWER. No. 16,838.Supreme Court of Colorado. Decided March 24, 1952. Respondent was found guilty of contempt of the Supreme Court for practicing law without a license. 1. CONTEMPT — Practicing Law Without a License. It appearing from the record, “That the respondent engaged in the practice […]

(599 P.2d 962) Lloyd W. Salter and Nina J. Salter, Trustees Under Declaration of Living Trust, dated October 9, 1967 v. Frank D. Vanotti and Edith B. Vanotti No. 77-990Colorado Court of Appeals. Decided May 17, 1979. Rehearing denied June 14, 1979. Certiorari denied August 13, 1979. Purchasers of promissory note executed in connection with […]

(387 P.2d 902) KATHLEEN A. TERRY v. TIM TERRY. No. 20,492.Supreme Court of Colorado. Decided December 30, 1963. From dismissal of her action for relief from a divorce decree, the plaintiff brings error. Reversed. 1. JUDGMENT — Relief — Independent Action — Rules. In an independent action to obtain relief from a judgment not brought […]

Petroleum Funding Corporation, a Colorado corporation, Plaintiff-Appellee, v. Western Energy Development Company, Inc., a Colorado corporation, Defendant-Appellant. No. 84CA0701Colorado Court of Appeals. Decided December 19, 1985. Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge Page 423 Robert W. Johnson, John D. Braun, for Plaintiff-Appellee. Roath Brega, P.C., Roger P. […]

The Colorado Department of Labor and Employment, Division of Workers’ Compensation; Mary Ann Whiteside, in her official capacity as the Director of the Division of Workers’ Compensation; Colorado Compensation Insurance Authority; and the Colorado Department of Corrections, Petitioner v. Florence Esser and the Industrial Claim Appeals Office, Respondent. No. 00SC292Supreme Court of Colorado. June 4, […]

Dale Ackerman, Plaintiff-Appellant, v. Power Equipment Company and VME Americas, Inc., Defendants-Appellees. No. 93CA1011Colorado Court of Appeals. Decided July 14, 1994. Rehearing Denied August 11, 1994. Appeal from the District Court of Adams County Honorable John J. Vigil, Judge No. 89CV729 JUDGMENT AFFIRMED Leventhal Bogue, P.C., Bruce J. Kaye, Denver, Colorado, for Plaintiff-Appellant Wilcox Ogden, […]

(342 P.2d 693) IRWIN C. MICHELS v. F. GRETCHEN CLEMENS, ETC. No. 18,360.Supreme Court of Colorado. Decided July 20, 1959. Action to set aside decree of final settlement in probate matter. Judgment for defendant. Reversed and Remanded Directions. 1. NOTICE — Parties — Substantial Right. It is a fundamental principle of justice that a person […]

(434 P.2d 128) Louis Pete Lucero v. The People of the State of Colorado. No. 22310.Supreme Court of Colorado. Decided November 27, 1967. Defendant was convicted of the crime of possession of heroin. From a judgment of the trial court denying his motion for post conviction relief, the defendant brought error. Affirmed. 1. SEARCHES AND […]

Janice Comstock, as Personal Representative of the Estate of Reva A. Nelson, Petitioner, v. Robert Collier, M.D., Respondent. No. 84SC482Supreme Court of Colorado. Decided May 26, 1987. Rehearing Denied June 15, 1987. Certiorari to the Colorado Court of Appeals Page 846 Green Josefiak, Mary M. Josefiak, for Petitioner. Long Jaudon, P.C., Joseph C. Jaudon, Robert […]

The People of the State of Colorado, Complainant, v. Kenneth Edward Kolbjornsen, Respondent. No. 99PDJ004.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. November 9, 1999. Page 182 OPINION AND ORDER IMPOSING SANCTIONS [1] SANCTION IMPOSED: ATTORNEY DISBARRED [2] This matter was heard on August 9, 1999, before the Presiding Disciplinary Judge […]

Sharon L. Huntoon, Petitioner, v. TCI Cablevision of Colorado, Inc., a Colorado corporation, Respondent. No. 97SC480Supreme Court of Colorado. November 30, 1998 Appeal from the District Court, Boulder County, Honorable Morris W. Sandstead, Jr., and Honorable Richard C. McLean, JJ. Page 682 JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 683 Jean E. Dubofsky, P.C., […]

(468 P.2d 29) Edward Prather, M.V. Lingenfelter, and Thomas K. Hudson v. Roto Ignition Sales, Inc., a Colorado Corporation. No. 22905Supreme Court of Colorado. Decided April 20, 1970. Action by corporation against defendant manufacturer and guarantors to recover repayment of loan based on failure of manufacturer to produce automobile engine timers as promised in exclusive […]

57 P.2d 5 ESTATE OF CLARKE. CLARKE, EXECUTOR v. CLARKE ET AL. No. 13,733.Supreme Court of Colorado. Decided February 24, 1936. Rehearing denied April 27, 1936. Proceedings involving the construction of a will. Questioned provisions of the document held invalid by the trial court. Reversed. 1. WILLS — Construction. In Colorado, under pertinent statutes, a […]

(591 P.2d 1046) In re the Marriage of S. Ray Corbin and Betty L. Corbin No. 78-126Colorado Court of Appeals. Decided February 15, 1979. In dissolution of marriage proceeding, husband appealed from an order of the trial court increasing his child support obligations and awarding wife attorney’s fees. Order Reversed 1. DISSOLUTION OF MARRIAGE — […]

19 P.2d 211 HINDERLIDER ET AL. v. EVERETT ET AL. No. 12,736.Supreme Court of Colorado. Decided January 23, 1933. Action to enjoin state water officials from enforcing an order to install self-registering devices for the measurement of water in plaintiffs’ ditches. Decree for plaintiffs. Reversed. 1. CONSTITUTIONAL LAW — Irrigating Ditches — Measuring Devices. The […]

MARISCOS LAS ISLITAS, INC., Plaintiff-Appellant, v. Helen C. GONZALES, in her official capacity, and the City and County of Denver Department of Excise and Licenses, Defendants-Appellees. No. 04CA1158.Colorado Court of Appeals. September 22, 2005. Pena Law Office, P.C., Alfredo E. Pena, Denver, Colorado, for Plaintiff-Appellant. Cole Finegan, City Attorney, April L. Snook, Assistant City Attorney, […]

175 P.2d 389 SINCLAIR REFINING COMPANY v. SHAKESPEARE, ET AL. No. 15,519.Supreme Court of Colorado. Decided December 9, 1946. An action to recover rent alleged to be due under a lease, and for a declaratory judgment that defendant was holding over as a tenant for another term. Judgment for plaintiff. Affirmed in Part. Reversed in […]

Bittersweet Farms, Inc., Plaintiff-Appellant, v. Jack Zimbelman and Donald Zimbelman, Defendants-Appellees. No. 97CA0339.Colorado Court of Appeals. July 23, 1998. Rehearing Denied September 8, 1998. Certiorari Denied April 19, 1999. Appeal from the District Court of Weld County, Honorable William L. West, Judge, No. 95CV496. Page 327 JUDGMENT AFFIRMED. Wood, Ris Hames, P.C., E. Gregory Martin, […]

(306 P.2d 669) INDUSTRIAL COMMISSION OF COLORADO, ET AL. v. MILLIE SIROKMAN, ET AL. No. 18,096.Supreme Court of Colorado. Decided January 28, 1957. Claims for unemployment compensation following termination of employment due to closing of department in which employees worked, and where a separation allowance was paid by the employer pursuant to a union contract. […]

Michael Gilmore and Sheila Gilmore, as guardians and next friends of minor child, Brian Gilmore, Plaintiffs-Appellants, v. Concerned Parents of Pueblo, a Colorado non-profit corporation, Defendant-Appellee. No. 99CA1164Colorado Court of Appeals. October 26, 2000 Certiorari Granted August 6, 2001 Appeal from the District Court of Pueblo County, Honorable Joyce S. Steinhardt, Judge, No. 98CV0968. JUDGMENT […]

Steamboat Springs Rental Leasing, Inc., d/b/a Advantage Rent-A-Car, Plaintiff-Appellee, v. City and County of Denver; Cheryl Cohen, Manager of Revenue; and Department of Revenue, City and County of Denver, Defendants-Appellants. No. 99CA0831Colorado Court of Appeals. June 8, 2000 Opinion Modified, and As Modified, July 27, 2000 Petition for Rehearing DENIED Appeal from the District Court […]

(566 P.2d 345) The People of the State of Colorado v. Priestly Cassady Fletcher No. C-897Supreme Court of Colorado. Decided June 13, 1977. Rehearing denied July 25, 1977. Defendant was convicted of first-degree murder and appealed. The court of appeals, 37 Colo. App. 173, 546 P.2d 980, reversed and certiorari was granted. Reversed 1. WITNESSES […]

SAFEHOUSE PROGRESSIVE ALLIANCE FOR NONVIOLENCE, INC., f/k/a Boulder County Safehouse, Inc., a Colorado nonprofit corporation, Plaintiff-Appellant, v. QWEST CORPORATION, a Colorado corporation; McLeodUSA Publishing Company, d/b/a Yellow Book USA, an Iowa corporation; and Verizon Directories Corporation, a Delaware corporation, Defendants-Appellees. No. 06CA0083.Colorado Court of Appeals. June 14, 2007. Appeal from the District Court, Morris W. […]

(342 P.2d 664) JESS A. SCOTT, ET AL. v. EDWARD J. POWERS. No. 18,595.Supreme Court of Colorado. Decided July 13, 1959. Rehearing denied August 3, 1959. Action to establish right of way across land of defendant by adverse possession. Judgment for defendant. Affirmed. 1. ADVERSE POSSESSION — Right of Way — Adverse User — Requirements. […]

The People Of The State Of Colorado, Petitioner, v. Mark A. Johnson, Respondent. No. 99SC780Supreme Court of Colorado. September 18, 2000 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED Page 310 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

Colorado Association of Public Employees, a nonprofit Colorado corporation; Harry C. Reese; C. W. Peterson; William N. Walker; and Velma I. Carlson, Plaintiffs-Appellees, v. Richard D. Lamm, in his official capacity as Governor of Colorado; Gail H. Klapper, in her official capacity as Executive Director of the Colorado Department of Personnel; The Colorado Department of […]

(363 P.2d 681) NATIONAL FARMERS UNION LIFE INSURANCE COMPANY, ET AL. v. GLORIA MARGUERITE NORWOOD. No. 19,312.Supreme Court of Colorado. Decided July 24, 1961. Action to recover for alleged accidental death under insurance policies. Judgment for plaintiff. Reversed. 1. INSURANCE — Evidence Death Certificate — Presumption — Statute. Under C.R.S. ’53, 66-8-24, a certified copy […]

Antonio Passamano, Plaintiff-Appellant, v. Travelers Indemnity Company, an Illinois corporation; National Car Rental System, Inc., a Delaware corporation; and North-West Leasing Corporation, a Colorado corporation, Defendants-Appellees. No. 91CA0003Colorado Court of Appeals. Decided December 19, 1991. Rehearing Denied January 16, 1992. Certiorari Granted September 14, 1992 (92SC80). Certiorari Granted on the following issues: Whether the court […]

(468 P.2d 37) Bill Dreiling Motor Company, a Colorado Corporation v. The Court of Appeals of Colorado, Harry S. Silverstein, Jr., Ralph H. Coyte, William F. Dwyer, Charles D. Pierce, Philip G. Dufford and David W. Enoch. No. 24610Supreme Court of Colorado. Decided April 13, 1970. Original proceeding seeking writ of quo warranto challenging authority […]

Theodora Saddoris, M.D., and John L. Nieters, M.D., Petitioners-Appellants, v. Colorado State Board of Medical Examiners, Respondent-Appellee. No. 89CA0486Colorado Court of Appeals. Decided July 5, 1990. Rehearing Denied August 9, 1990. Certiorari Granted January 14, 1991 (90SC567). Certiorari Granted on the following issues: Did the court of appeals err when it held that § 12-36-107, […]

The People of the State of Colorado, Complainant, v. John Dale Stauffer, Jr., Attorney-Respondent. No. 87SA89Supreme Court of Colorado. Decided November 9, 1987. Original Proceedings in Discipline Page 241 Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. John Dale Stauffer, Jr., Pro Se. EN BANC JUSTICE ERICKSON delivered the Opinion of […]

(440 P.2d 151) Lois E. Kirby, individually, and as Executrix of the Estate of Leander R. Kirby, deceased v. Anthony B. Bourg. No. 21576.Supreme Court of Colorado. Decided April 29, 1968. Action by plaintiff to recover on two demand notes and for an accounting with relation to partnership business carried on between defendant and decedent, […]

Fred Schmid Appliance Television Co., The Denver Post Corporation, May Department Stores Co., d/b/a May DF, and Treasure Chest Advertising Company, Inc., Petitioners, v. City and County of Denver, a municipal corporation, and Alan N. Charnes, Manager of Revenue of the City and County of Denver, Respondents. No. 90SC329Supreme Court of Colorado. Decided May 6, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Natalie Quezada, Defendant-Appellee. No. 86SA293Supreme Court of Colorado. Decided January 26, 1987. Interlocutory Appeal from District Court, Jefferson County Honorable Christopher J. Munch, Judge Page 731 David J. Thomas, District Attorney, E. Ronald Beeks, Deputy District Attorney, for Plaintiff-Appellant. James T. Steiert, for Defendant-Appellee. EN BANC […]

Robert Wayne Morris, Plaintiff-Appellant, v. Towers Financial Corporation, a Nevada Corporation, Defendant-Appellee. No. 92CA1361Colorado Court of Appeals. Decided March 21, 1996 Appeal from the District Court of Larimer County, Honorable William F. Dressel, Judge, No. 91CV1233. JUDGMENT REVERSED AND CAUSE REMANDED FOR FURTHER PROCEEDINGS Prior Opinion Announced September 28, 1995, WITHDRAWN Fischer Brown Huddleson Gunn, […]

(417 P.2d 3) Eugene Byron Vasser v. The People of the State of Colorado. No. 21701.Supreme Court of Colorado. Decided July 25, 1966. Defendant was convicted of forgery and brings error. Affirmed. 1. CRIMINAL LAW — Motion for New Trial — Rule. Under Colo. R. Crim. P. 33, a motion for a new trial must […]

EZ Building Components Mfg., LLC, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado, Reliance National Insurance Co., and Robert A. Summers, Respondents. No. 02CA2059.Colorado Court of Appeals. Div. II. June 5, 2003. Page 517 Industrial Claim Appeals Office of the State of Colorado; W.C. No. 4-489-462 ORDER AFFIRMED Sutherland Tarler and Laugesen, […]

Ronald W. Hull and Delores A. Hull, Petitioners, v. Bowest Corporation, Respondent. No. 82SC169Supreme Court of Colorado. Decided May 29, 1984. Certiorari to the Colorado Court of Appeals Page 1182 Ira M. Karet, for petitioners. William S. Silverman, for respondent. En Banc. CHIEF JUSTICE ERICKSON delivered the opinion of the Court. [1] The trial court […]

Roy E. Campbell, Jr., Petitioner, v. Scott A. McGill, Respondent. No. 89SC505Supreme Court of Colorado. Decided April 8, 1991. Rehearing Denied May 20, 1991. Certiorari to the Colorado Court of Appeals. George C. Price, for Petitioner. McGill Professional Law Corporation, Michael D. Lavery, for Respondent. EN BANC JUSTICE KIRSHBAUM delivered the Opinion of the Court. […]

SPRING CREEK RANCHERS ASSOCIATION, INC., Applicant-Appellee v. Joyce C. McNICHOLS, Kenneth J. McNichols, and Gerald Lewis, Opposers-Appellants and Alan Martellaro, Division Engineer for Water Division 5; Harold Simpson, Colorado State Engineer; Shadow Creek Owners’ Association; Galloway, Inc.; and Halena Lewis, Opposers. No. 05SA326.Supreme Court of Colorado. June 25, 2007. Rehearing Denied August 27, 2007.[*] [*] […]

(570 P.2d 840) Maintenance Management, Inc., and the Aetna Casualty Surety Company v. Charles E. Tinkle and the Industrial Commission of Colorado No. 77-149Colorado Court of Appeals. Decided September 15, 1977. Rehearing denied September 29, 1977. Certiorari denied November 7, 1977. Workmen’s compensation claimant, a building superintendent, was found unconscious at place of employment subsequent […]

188 P.2d 894 STONEBRAKER v. KONUGRES ET AL. No. 15,716.Supreme Court of Colorado. Decided January 12, 1948. An action for damages. Judgment of dismissal. Writ of Error Dismissed. 1. APPEAL AND ERROR — No Final Judgment — Dismissal. Entry of final judgment is a prerequisite to the right to prosecute error. Error to the District […]

Cherry Creek Aviation, Inc., a Colorado corporation d/b/a Mountain Air Express, Plaintiff-Appellant, v. City of Steamboat Springs, Steamboat Springs Airport Authority, Anthony Lettunich, Kevin Bennett, Mary T. Brown, Paula Cooper Black, William B. Martin, Carol Booth Fox, John O. Ross, and Richard Tremaine, Defendant-Appellees. No. 97CA0857Colorado Court of Appeals. Division V November 27, 1998 Page […]

Richard N. White, d/b/a Spear D. Cattle Company, Plaintiff-Appellant, v. Mississippi Order Buyers, Inc., Defendant-Appellee, and Jack Gill, Jr., and Joel Gill, Defendants. No. 80CA0892Colorado Court of Appeals. Decided May 27, 1982. Appeal from the District Court of Yuma County, Honorable Dean Johnson, Judge. Page 683 Callahan Callahan, Thomas J. Callahan, for plaintiff-appellant. W. David […]

(470 P.2d 46) James G. Gleason and Betty L. Gleason v. W. E. Phillips, Barbara Phillips, Jeff Phillips, and Carl Lombardi. No. 24509.Supreme Court of Colorado. Decided June 1, 1970. Rehearing denied June 29, 1970. Action by plaintiff landowners for trespass seeking relief in form of injunction and damages and defendant adjacent landowners counterclaimed claiming […]

123 P.2d 1022 HAYDEN COAL COMPANY ET AL. v. COTHRAN ET AL. No. 15,082.Supreme Court of Colorado. Decided March 9, 1942. Rehearing denied March 30, 1942. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Course of Employment. Whether an employee, at the time of the happening of an […]

126 P.2d 1028 DENVER JOINT STOCK LAND BANK v. BEARDSLEY ET AL. No. 14,889.Supreme Court of Colorado. Decided June 8, 1942. Suit in the nature of an action to quiet title to land and water rights. Judgment for defendant Beardsley. Affirmed Conditionally. 1. WATER RIGHTS — Conveyance — Appeal and Error. On the question of […]

(583 P.2d 296) Denver Urban Renewal Authority, a body corporate and politic of the State of Colorado v. Maurice Hayutin No. 76-295Colorado Court of Appeals. Decided April 27, 1978. Rehearing denied June 29, 1978. Certiorari granted August 28, 1978. In eminent domain action, property owner appealed from denial of certain costs, expenses, and interest, and […]

109 P.2d 1059 UNITED STATES CASUALTY COMPANY BY BROWN, AGENT v. DAUGHERTY. No. 14,899.Supreme Court of Colorado. Decided January 6, 1941. Rehearing denied February 3, 1941. Action on an insurance policy. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. INSURANCE — Policy Construction. In an action on an insurance policy to recover damages occasioned […]

In re the Marriage of: Georgia Lee Anderson, Appellee, and Stephen W. Anderson, Appellant. No. 84CA0335Colorado Court of Appeals. Decided November 7, 1985. Appeal from the District Court of the City and County of Denver Honorable Daniel Sparr, Judge Page 700 Georgia Lee Anderson Calt, Pro Se. Robert J. Calt, for Appellee (on the briefs). […]

(523 P.2d 120) The People of the State of Colorado v. Moses I. Martinez No. 25797Supreme Court of Colorado. Decided June 10, 1974. Defendant was convicted of one count of burglary and two counts of theft and appealed. Remanded 1. JUDGES — Assumption — Role — Advocate for Prosecution — Inconsistent — Function of Judiciary […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary Pertaining to the Proposed Initiative on School Pilot Program, Dan Morris, Petitioner, and Steve Durham and Ron Pierce, Respondents, and Natalie Meyer, Stephen Erkenbrack, and Rebecca Lennahan, Title Setting Board. No. 94SA97Supreme Court of Colorado. Decided May 23, 1994 Page 1067 Review […]

Catholic Archdiocese of Denver, a Colorado non-profit corporation; McGraw Hill Information Systems Co./Dodge Division, a New York corporation; The Colorado Leader, Inc., a Colorado corporation; The Colorado Political Press, Inc., a Colorado corporation; J. Ivanhoe Rosenberg, d/b/a The Herald-Dispatch; Intermountain Jewish News, Inc., a Colorado corporation; Denver Publishing, Inc., a Colorado corporation; Warren Peterson; Hans […]

(573 P.2d 564) Raymond C. Carter, d/b/a Carter Enterprises of Denver v. The Small Business Administration, and Mitchell Kibelinski, substitute defendant, in his official capacity as Administrator of the Small Business Administration No. 76-903Colorado Court of Appeals. Decided December 22, 1977. Businessman brought action against Small Business Administration alleging defendant had breached its contract with […]

(509 P.2d 1267) Gary Max Lamb and Guenther Manczur v. The People of the State of Colorado No. 24971Supreme Court of Colorado. Decided May 21, 1973. Defendants were convicted of theft of skis and brought error. Affirmed 1. THEFT — Skis — Evidence — Sufficient — Conviction — Proper. In prosecution for theft of skis, […]

(390 P.2d 820) FLORA C. VELARDE v. ANTHONY F. VELARDE. No. 20,581.Supreme Court of Colorado. Decided March 30, 1964. From orders making division of property in divorce action, the wife brings error. Affirmed. 1. DIVORCE — Appeal and Error — Division of Property — Discretion of Court. The division of property between husband and wife […]

(470 P.2d 30) R. W. Davis and Gerald P. Davis, d/b/a Davis Auto Top Body Service v. Frank Ciancio, Jr., and State Farm Mutual Automobile Insurance Company, an Illinois corporation. No. 23061.Supreme Court of Colorado. Decided June 1, 1970. Action by garageman against attorney for owner and insurer of other car to recover cost of […]

(613 P.2d 896) The People of the State of Colorado v. Ronald David Lyle No. 79SA22Supreme Court of Colorado. Decided July 14, 1980. Defendant was acquitted of first-degree murder, the court thereby submitting the case to the jury only on the lesser offense of second-degree murder and the People bring this appeal seeking review and […]

Keith E. Boydstun, Plaintiff-Appellee, v. Curtis M. Loveless, Defendant-Appellant, and Linda S. Boydstun a/k/a Linda Sue Carter a/k/a Linda Sue Tyson, Defendant. No. 93CA2147Colorado Court of Appeals. Decided January 26, 1995 Appeal from the District Court of Las Animas County Honorable Jesse Manzanares, Judge No. 92CV143. Page 268 JUDGMENT AFFIRMED. Dennis Michael Malone, Trinidad, Colorado, […]

448 P.2d 615 B.D.C. Corporation of Colorado, a Colorado corporation v. The Public Utilities Commission of the State of Colorado; Trans-Continental Bus System, Inc.; Continental Bus System, Inc.,; Denver-Salt Lake Pacific Stages; Denver-Colorado Springs-Pueblo Motor Way, Inc.; American Bus Lines, Inc.; Package Delivery Service Co.; Colorado Motorway, Inc.; Denver-Boulder Bus Company; Colorado Transportation Company; Armored […]

Colorado State Personnel Board, Petitioner-Appellee, v. Department of Corrections, Division of Adult Parole Supervision, Petitioner-Appellant. No. 98SC339Supreme Court of Colorado. September 20, 1999 Certiorari to the Colorado Court of Appeals ORDER OF DISMISSAL REVERSED AND CASE REMANDED WITH DIREIONS Page 1148 Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of T.T., T.T., J.R., D.R., and C.R., Children, and Concerning J.R., Respondent-Appellant. No. 91CA1177Colorado Court of Appeals. Decided August 27, 1992. Rehearing Denied October 15, 1992. Certiorari Denied February 16, 1993 (92SC743). Appeal from the District Court of El Paso County Honorable D. Richard […]

Robert Metcalfe, Petitioner, v. Bruning Division of AMI; Liberty Mutual Insurance Company; Subsequent Injury Fund of the State of Colorado; The Industrial Claim Appeals Office of the State of Colorado; and David Mitchem, Director of the Division of Labor and Employment, State of Colorado, Respondents. No. 92CA1599Colorado Court of Appeals. Decided September 9, 1993. Review […]

The People of the State of Colorado, Complainant, v. Linwood Tyrone Holt, Attorney-Respondent. No. 91SA425Supreme Court of Colorado. Decided July 20, 1992. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Alex Stephen Keller, for Respondent. Page 949 EN BANC PER CURIAM [1] In this attorney disciplinary proceeding, […]

Town of Silverton, a Statutory Town, Plaintiff-Appellant, v. The Phoenix Heat Source System, Inc., a Colorado corporation; Ronald W. Van Kleeck; J-M Constructors, Inc., a Colorado corporation; Nichols Electric, Inc., a Colorado corporation; Reynolds/Larson Associates, Inc., a Colorado corporation, Defendants-Appellees. No. 95CA1576Colorado Court of Appeals. January 9, 1997 Opinion modified, and As Modified, Petitions for […]

(442 P.2d 406) Elihue Henson v. The People of the State of Colorado. No. 22676.Supreme Court of Colorado. Decided June 24, 1968. Rehearing denied July 15, 1968. Defendant was convicted of forgery and brought error. Affirmed. 1. FORGERY — Instruction — Lack of Objection — Motion for New Trial — Review — Negative — Error […]

(295 P.2d 1041) GEORGE HORNING v. HAROLD DAVIS. No. 17,735.Supreme Court of Colorado. Decided March 26, 1956. Rehearing denied April 30, 1956. Action for damages and for equitable relief for injury to land caused by seepage of waste water from irrigation. Judgment for defendant. Affirmed. Error to the District Court of Rio Grande County, Hon. […]

(473 P.2d 711) George S. Worchester, John L. Worchester, and Anne L. Worchester, by her Guardian and Next Friend, George S. Worchester v. State Farm Mutual Automobile Insurance Company. No. 22826.Supreme Court of Colorado. Decided August 10, 1970. Wrongful death action. Garnishee summons served on insurer which answered denying coverage and plaintiffs traversed answers to […]

105 P.2d 849 REESER v. PEOPLE IN THE INTEREST OF ROBERT ARMSTRONG, A MINOR. No. 14,828.Supreme Court of Colorado. Decided September 16, 1940. A proceeding on a petition in contributory dependency which alleged that respondent was the father of the child, the subject of the investigation. Judgment was adverse to respondent. Reversed. On Application for […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. HAROLD J. RIVERS, JR., Attorney-Respondent. No. 96SA432Supreme Court of Colorado. February 18, 1997 Original Proceeding in Discipline ATTORNEY SUSPENDED Page 7 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Harold J. Rivers, Jr., Pro Se, Aurora, Colorado EN BANC […]