Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Brian Rowerdink, Defendant-Appellant . No. 86SA209Supreme Court of Colorado. Decided May 23, 1988. Appeal from District Court, El Paso County Honorable Matt M. Railey, Judge Page 987 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

(491 P.2d 573) The City and County of Denver, A Municipal Corporation v. Arthur D. Thomas, George C. Lemley, and Jack E. Cantley, Individually and as Representatives of All Other Persons Similarly Situated. Frank J. Devine and William R. Hedenskog for Themselves and For All Other Persons Similarly Situated v. Charles D. Byrne and Auditor […]

109 P.2d 1055 DANDO COMPANY v. MANGINI. No. 14,508.Supreme Court of Colorado. Decided January 6, 1941. Rehearing denied February 3, 1941. An action for the conversion of a promissory note and trust deed securing payment of same. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Case Law. The pronouncement of an appellate court on […]

46 P.2d 1117 HOLMES v. GRAHAM. No. 13,716.Supreme Court of Colorado. Decided June 17, 1935. Judgment affirmed en banc on application for supersedeas without written opinion. Error to the District Court of the City and County of Denver, Hon. Robert W. Steele, Judge. Mr. LOUIS WAGNER, for plaintiff in error. Messrs. QUIAT CUMMINGS, for defendant […]

Maxie JIMINEZ, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, Pinnacol Assurance, and Amax Henderson Project, Respondents. No. 02CA2283.Colorado Court of Appeals. Division II. September 11, 2003. Page 966 Roger Fraley, Jr., Denver, Colorado, for Petitioner. No Appearance for Respondent Industrial Claim Appeals Office. Ruegsegger Thomas, LLC, Douglas A. Thomas, Merrily S. […]

(372 P.2d 453) WILLIAM R. WATSON v. CHARLES V. SETTLEMEYER D/B/A SETTLEMEYER DISTRIBUTING COMPANY. No. 19,909.Supreme Court of Colorado. Decided June 18, 1962. Action for damages for wrongful interference with rights of distributor under contracts. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Third Party — Interference — Findings. Where evidence disclosed unlawful interference by defendant […]

(562 P.2d 754) The People of the State of Colorado v. Stanley Brown No. 27279Supreme Court of Colorado. Decided April 18, 1977. Following a preliminary hearing, trial court dismissed second-degree forgery and criminal impersonation counts which had been filed against defendant and the People appealed. Reversed 1. FORGERY — Second Degree. Under section 18-5-103(1)(a), C.R.S. […]

Thomas C. Scrima, Hermann J. Spielkamp, James E. Spittler, Jr., Jack Durliat, and Centers America, Ltd., a Colorado corporation, Plaintiffs-Appellees, v. Jerome Goodley and Terrance Fitzpatrick, both Individually and d/b/a The Lotus Eater Boutique, Defendants-Appellants, and Frederick D. Mientka, Defendant. No. 85CA0223Colorado Court of Appeals. Decided October 30, 1986. Rehearing Denied November 26, 1986. Appeal […]

(488 P.2d 1100) Jimmie Raymond Bertalotto v. The People of the State of Colorado No. 24634Supreme Court of Colorado. Decided September 20, 1971 Defendant was convicted of second-degree murder and brought error. Reversed. 1. INSTRUCTIONS, CRIMINAL — Homicide — Evidence — Reduction — Involuntary Manslaughter — Refusal to Instruct — Error — New Trial. Where […]

(439 P.2d 997) Ida M. Wells, Executrix of the Last Will and Testament of and of the Estate of William L. Wells, Deceased v. W. S. Howard and Fay E. Howard, now known as Fay E. Jett, as individuals, and W. S. Howard and Fay E. Howard, now known as Fay E. Jett, doing business […]

(540 P.2d 1088) The City and County of Denver, Charles Temple, as the Manager of Revenue and ex-officio Treasurer of the City and County of Denver, Harold Cook as the Manager of Public Works of the City and County of Denver, F. J. Serafini as the Clerk and Recorder of the City and County of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard S. Benz, Defendant-Appellant. No. 97CA1777.Colorado Court of Appeals. January 21, 1999. Rehearing Denied February 25, 1999. Certiorari Granted September 13, 1999. Appeal from the District Court of Boulder County, Honorable Roxanne Bailin, Judge, Nos. 95CR694 96CR448. SENTENCE AFFIRMED Page 118 Gale A. Norton, Attorney General, […]

THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellant, v. TIMOTHY FORTUNE, Defendant-Appellee. No. 96SA345Supreme Court of Colorado. January 13, 1997 Interlocutory Appeal from the District Court, El Paso County Honorable Gilbert Martinez, Judge Page 1342 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

21 P.2d 714 MILLER ET AL. v. BOARD OF COUNTY COMMISSIONERS OF THE CITY AND COUNTY OF DENVER ET AL. No. 12,755.Supreme Court of Colorado. Decided April 17, 1933. Rehearing denied May 8, 1933. Action to recover taxes paid on an alleged erroneous assessment. Judgments for defendants. 1. TAXES AND TAXATION — Statutes. Sections 7291 […]

The Great Western Sugar Company, a Delaware corporation, Plaintiff-Appellee, v. Pennant Products, Inc., a New York corporation, Defendant-Appellant. No. 84CA0815Colorado Court of Appeals. Decided September 24, 1987. Rehearing Denied October 22, 1987. Certiorari Denied February 1, 1988 (87SC436). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Bradley, Campbell Carney, P.C., […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary for 1999-2000 #28, John S. Outcelt, Petitioner, v. Douglas Bruce and Jeffrey Wright, Respondents, and Victoria Buckley, Rebecca Lennahan and Richard Westfall, Title Board. No. 98SA485Supreme Court of Colorado. En Banc. March 22, 1999 Original Proceeding Pursuant to 1-40-107(2), 1 C.R.S. (1998) […]

Timothy D. Brewster, Petitioner, v. The District Court of the Seventh Judicial District and the Honorable Thomas A. Goldsmith, one of the judges thereof, Respondents. No. 90SA506Supreme Court of Colorado. Decided June 3, 1991. Original Proceeding. David F. Vela, Colorado State Public Defender, Frances Smylie Brown, Chief Appellate Deputy; Stephens Dooley, Deputy State Public Defender, […]

Stanley Jurgevich, Petitioner, v. District Court, Routt County, Colorado; Honorable Joel S. Thompson, Judge, Respondent. No. 95SA237Supreme Court of Colorado. Decided November 20, 1995 Original Proceeding RULE DISCHARGED Page 566 Stanley Jurgevich, Pro Se, Limon, Colorado Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, John Daniel […]

38 P.2d 908 WEBSTER v. NELSON ET AL. No. 13,428.Supreme Court of Colorado. Decided December 3, 1934. Action for damages for personal injuries resulting from an automobile accident. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Automobiles — Contributory Negligence. In an action for damages growing out of an automobile accident, record reviewed, plaintiff […]

(362 P.2d 557) FREDERIC J. RICE, ET AL. v. CITY OF ENGLEWOOD. No. 19,440.Supreme Court of Colorado. Decided June 5, 1961. From dismissal of their complaint challenging an annexation proceeding, the plaintiffs bring error. Affirmed. 1. ANNEXATION — Boundaries of Area — Contiguity — Statute. Under C.R.S. ’53, 139-11-2, territory is eligible for annexation if […]

The People of the State of Colorado, Petitioner, v. John Clair Fichtner, Respondent. No. 93SC127Supreme Court of Colorado. Decided February 28, 1994 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 540 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, […]

(574 P.2d 92) The People of the State of Colorado v. Melvin Brown No. 27839Supreme Court of Colorado. Decided February 6, 1978. Defendant is charged with first-degree arson, unlawful use of an incendiary device, and first-degree assault. The People bring this interlocutory appeal challenging trial court’s order suppressing all testimony regarding an item of physical […]

(575 P.2d 7) The People of the State of Colorado v. The District Court for the Second Judicial District, State of Colorado, and the Honorable Susan Graham Barnes, as one of the judges thereof No. 27817Supreme Court of Colorado. Decided February 21, 1978. Original proceeding by district attorney regarding respondent court’s order that defendant, a […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gregory Tyus, Defendant-Appellant. No. 88CA1197Colorado Court of Appeals. Decided May 4, 1989. Rehearing Denied June 1, 1989. Certiorari Denied 07/24/89 (89SC314). Appeal from the District Court of Adams County Honorable Thomas R. Ensor, Judge. Page 1144 Duane Woodward, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

Carolyn L. Perkins, f/k/a Carolyn L. Hudson, Plaintiff-Appellant, v. David C. Greenberg, Defendant-Appellee. No. 90CA1765Colorado Court of Appeals. Decided September 26, 1991. Rehearing Denied November 21, 1991. Certiorari Granted April 20, 1992 (91SC768). Certiorari Granted on the following issues: Whether the court of appeals erred in holding that a physician who performs an independent medical […]

(509 P.2d 1235) The People of the State of Colorado v. Ned Naranjo a/k/a Ned Robert Naranjo a/k/a Ned R. Naranjo No. 24894Supreme Court of Colorado. Decided April 23, 1973. Defendant was convicted of second-degree murder and appealed. Affirmed 1. CRIMINAL EVIDENCE — Guilt — Proof — Circumstantial — Test — Denial of Motion for […]

Super Valu Stores, Inc., a Delaware corporation (now known as Super Valu, Inc.), Petitioner, v. The District Court in and for Weld County, Colorado, and the Honorable Jonathan W. Hays, one of the Judges of the Court, Respondent, and Todd Holding Co., Inc., Toddys of Greeley, Inc., and Toddys of Ft. Collins, Ltd., Real Parties […]

Jesus Loredo, Appellant, v. Denver Public School District No. 1, Appellee. No. 91CA1634Colorado Court of Appeals. Decided February 27, 1992. Appeal from Denver Public School District No. 1. Colorado Education Association, Martha R. Houser, Gregory J. Lawler, Sharyn E. Dreyer, Cathy L. Cooper, for Appellant. Semple Jackson, P.C., Michael H. Jackson, Patrick B. Mooney, for […]

Robert E. Dickey, Plaintiff-Appellant, v. Adams County School District No. 50, Ali Joseph and Michael Bassett, Defendants-Appellees. No. 86CA0672Colorado Court of Appeals. Decided October 13, 1988. Rehearing Denied February 9, 1989. Certiorari Granted 05/15/89 (89SC103). Appeal from the District Court of Adams County Honorable Michael A. Obermeyer, Judge. Mark S. Bove; Valerie McNaughton, for Plaintiff-Appellant. […]

(453 P.2d 190) Fairways Living, Inc., a Colorado corporation, Leonard Loukonen and Reino Loukonen, as Individuals v. North Denver Bank and The Colorado National Bank of Denver. No. 22197. No. 22458.Supreme Court of Colorado. Decided April 14, 1969. Action by banks seeking foreclosure of deed of trust and defendants filed third-party action and counterclaim. Judgment […]

Linda Whitcomb, Plaintiff-Appellant, v. The City and County of Denver, Randy Penn and Carl Gustafson, Defendants-Appellees. No. 84CA0200Colorado Court of Appeals. Decided August 21, 1986. Rehearing Denied October 16, 1986. Certiorari Denied (Whitcomb) January 20, 1987 (86SC389). Appeal from the District Court of the City and County of Denver Honorable James C. Flanigan, Judge Page […]

The People of the State of Colorado, Petitioner, v. The District Court of Colorado’s Seventeenth Judicial District and One of its Judges, The Honorable Philip F. Roan, Respondents. No. 89SA100Supreme Court of Colorado. Decided September 18, 1989. Original Proceeding. Page 386 James F. Smith, District Attorney, Steven L. Bernard, Chief Trial Deputy, for Petitioner. Springer […]

THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellant, v. STEPHEN C. BREIDENBACH and DENISE DIANA BREIDENBACH, Defendants-Appellees. No. 93SA309Supreme Court of Colorado. Decided June 13, 1994 Interlocutory Appeal from the District Court, Logan County Honorable Steven E. Shinn, Judge RULING AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 880 [EDITORS’ NOTE: […]

(523 P.2d 1401) The People of the State of Colorado v. Ray Cruz No. 25769Supreme Court of Colorado. Decided July 1, 1974. Defendant was convicted of burglary and appealed. Affirmed 1. JURY — Resolve — Conflicts — Evidence. It is the jury’s duty to resolve any conflicts in the evidence. 2. BURGLARY — Hitting at […]

Christine GALVAN, Plaintiff-Appellant, v. SPANISH PEAKS REGIONAL HEALTH CENTER formerly Huerfano Medical Center, Colorado State Veterans Nursing Home, and Board of Trustees for Spanish Peaks Regional Health Center, Defendants-Appellees. No. 03CA1243.Colorado Court of Appeals. Division V. July 29, 2004. Appeal from the District Court of Huerfano County, No. 02CV16, Claude W. Appel, J. Page 950 […]

(324 P.2d 375) CHARLES RICHIE, ET AL. v. C. A. PHILLEBAUM, ET AL. No. 18,049.Supreme Court of Colorado. Decided April 21, 1958. Action to foreclose deed of trust. From a judgment and decree for plaintiffs the defendants bring error. Affirmed. 1. MORTGAGES — Foreclosure — Installment Note — Part Payment — Application — Agreement to […]

SINCLAIR MARKETING INC., a Wyoming corporation; Sinclair Oil Corporation, a Wyoming corporation; Sinclair Transportation Company, a Wyoming corporation; Burch Family Partnership, LLP, a Colorado limited liability partnership; Murray Family Farms, LLP, a Colorado limited liability partnership; Blue Dog Leasing, LLC, a Colorado limited liability company; Thomas H. Wielde; Log Jammer, LLC, a Colorado limited liability […]

(570 P.2d 1311) The People of the State of Colorado v. Gregory David Thorpe, a/k/a Gregory David Lee No. 76-901Colorado Court of Appeals. Decided October 20, 1977. Convicted of second degree burglary and theft, defendant appealed. Affirmed 1. CRIMINAL LAW — Accused — Absents Himself from Trial — Proceedings Not Nullified — Waiver — Right […]

(524 P.2d 296) The People of the State of Colorado v. Anthony Joseph Duran No. 25807Supreme Court of Colorado. Decided July 15, 1974. Defendant was convicted of first-degree murder and appealed. Affirmed 1. WITNESSES — Homicide — Statements — Inflammatory — Read Aloud — Defendant — Denial — Signature — Cross-Examination — Proper. In prosecution […]

(605 P.2d 483) The People of the State of Colorado v. Lieutenant Lee Hollis No. 78-164Colorado Court of Appeals. Decided November 8, 1979. Rehearing denied November 23, 1979. Certiorari granted January 28, 1980. Defendant appealed his conviction of aggravated robbery. Affirmed 1. CRIMINAL LAW — Jury Oath — Administered — After Testimony of First Witness […]

Robert Gleason and Deirdre Gleason, Plaintiffs-Appellees, v. Becker-Johnson Associates, Inc. and Leonard C. Becker, Defendants-Appellants. No. 94CA1804Colorado Court of Appeals. Decided March 21, 1996 Appeal from the District Court of El Paso County, Honorable Donald E. Campbell, Judge, No. 94CV462. JUDGMENT AFFIRMED Page 663 Johnson and Johnson, LLC, Scott W. Johnson, Colorado Springs, Colorado, for […]

(545 P.2d 154) City and County of Denver, a municipal corporation; and John Ronald DeWitt v. Svea Virginia DeLong No. C-631Supreme Court of Colorado. Decided January 26, 1976. Action for personal injuries sustained as a result of an automobile intersection accident in which plaintiff’s car collided with police car on emergency run. Jury verdict was […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kimberly Smith, Defendant-Appellant. No. 95CA1601Colorado Court of Appeals. April 1, 1999 Appeal from the District Court of El Paso County, Honorable David D. Parrish, Judge, No. 91CR689 JUDGMENT AFFIRMED Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, […]

(283 P.2d 951) FLETCHER M. BROWN v. KATHERINE J. BROWN. No. 17,452.Supreme Court of Colorado. Decided May 2, 1955. Rehearing denied June 6, 1955. Proceedings involving division of property, alimony, and support for minor children. Decree for plaintiff. Reversed. 1. DIVORCE — Minor Children — Support. Where there was no evidence that former order awarding […]

Roy Romer, in his official capacity as Governor of the State of Colorado, Petitioner, v. Colorado General Assembly; Carl “Bev” Bledsoe, in his official capacity as Speaker of the House of Representatives; and Ted Strickland, in his official capacity as President of the Senate, Respondents. No. 90SC36Supreme Court of Colorado. Decided April 15, 1991. Certiorari […]

184 P.2d 1011 COLORADO HERALD PUBLISHING COMPANY v. NEUHAUS ET AL. No. 15,746.Supreme Court of Colorado. Decided September 15, 1947. Rehearing denied October 6, 1947. A proceeding involving rights and liabilities under a promissory note. Judgment for defendants. Affirmed. 1. BILLS AND NOTES — Promissory Notes — Construction. Where a promissory note definitely and in […]

Charles James Griffin and Dorothy Tyler v. Lloyd T. Pate, Jimmie R. Darrington, Paul Ricks and Robert N. Byrne No. 79CA1168Colorado Court of Appeals. Decided November 27, 1981. Rehearing denied January 7, 1982. Certiorari denied April 5, 1982. Appeal from the District Court of El Paso County, Honorable Bernard Baker, Judge. Page 52 Trimble Tate, […]

151 P.2d 757 IRELAND, ATTORNEY GENERAL v. COLORADO MASONS BENEVOLENT FUND ASSOCIATION ET AL. No. 15,545.Supreme Court of Colorado. Decided September 11, 1944. Judgment affirmed en banc on application for supersedeas without written opinion. Error to the District Court of the City and County of Denver, Hon. Henry S. Lindsley, Judge. Mr. GAIL IRELAND, Attorney […]

PLAINS METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, Plaintiff-Appellee, KEN-CARYL RANCH METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, Defendant-Appellant, and Jan Rousselot; Ruth Sunderberg; and Patricia Lynch, Intervenors-Appellants. No. 09CA0425.Colorado Court of Appeals. March 18, 2010. Appeal from the District Court, Jefferson County, […]

(517 P.2d 469) Gentry Builders, Ltd. v. Doris H. Freeman and Mildred E. Freeman No. 73-110Colorado Court of Appeals. Decided November 20, 1973. Rehearing denied December 4, 1973. Certiorari granted January 21, 1974. Following presentation of evidence on counterclaim against home builder Page 145 premised on alleged breach of implied warranty of fitness, trial court […]

(253 P.2d 1058) BILLINGS DITCH COMPANY v. INDUSTRIAL COMMISSION. No. 16,927.Supreme Court of Colorado. Decided February 9, 1953. Rehearing denied March 2, 1953. An action to set aside an award of the Industrial Commission. Judgment for defendants. Reversed. 1. WORDS AND PHRASES — Agriculture — Definition. “Agriculture in general refers to any activity incident to […]

First National Bank of Paonia, Plaintiff, v. K.N.J., Inc., a Colorado corporation, Defendant, and Cecil Farnsworth, d/b/a Farnsworth Construction Company, and Joe Fisher, Defendants-Appellees, and United States for the Use of Advanced Pipe and Supply; Engineering and Construction Products, Inc.; Inland/Riggle Oil Company; Trustees of the Colorado Cement Masons Pension Trust Fund; Trustees of the […]

Michael J. Uhes, Ph.D., P.C., Profit Sharing Plan Trust, Michael J. Uhes, Trustee, Plaintiffs-Appellants, v. Richard L. Blake and Barbara J. Blake, Defendants-Appellees. No. 93CA1913Colorado Court of Appeals. Decided February 9, 1995 Appeal from the District Court of Jefferson County Honorable Henry E. Nieto, Judge No. 92CV1752. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND […]

Joseph T. Zoline and Edwin W. Pauley, Jr., Petitioners, v. The Telluride Lodge Association, a non profit corporation, Respondent. No. 85SC140Supreme Court of Colorado. Decided February 17, 1987. Certiorari to the Colorado Court of Appeals Page 636 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas Dean TILLERY, Defendant-Appellant. No. 06CA1853.Colorado Court of Appeals. October 1, 2009. Rehearing Denied November 19, 2009. Appeal from the District Court, Arapahoe County, Timothy L. Fasing and Angela Arkin, JJ. Page 37 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

184 P.2d 871 FRIEND v. BELLAMY. No. 15,922.Supreme Court of Colorado. Decided September 8, 1947. An action for damages for alleged failure of defendant to properly repair an automobile. Judgment for defendant. PER CURIAM. On application for supersedeas, judgment affirmed en banc without written opinion. MR. JUSTICE HILLIARD and MR. JUSTICE STONE, not participating. Error […]

Marc Kennedy v. Leo Payne Broadcasting, d/b/a K.L.D.R., a Colorado corporation No. 81CA0651Colorado Court of Appeals. Decided April 8, 1982. Rehearing denied April 29, 1982. Appeal from the District Court of the City and County, of Denver, Honorable Susan G. Barnes, Judge. Page 674 Bluestein, Simon Koransky, Edward E. Simon, Jr., for plaintiff-appellee. Philip E. […]

(238 P.2d 854) HECKMAN ET AL. v. WARREN. No. 16,573.Supreme Court of Colorado. Decided November 26, 1951. An action by plaintiff, defendant in error, to recover a judgment against defendants for damages for personal injuries allegedly sustained by him while helping to extinguish a fire on one of defendant’s trucks which was being driven by […]

(544 P.2d 998) Horton-Cavey Realty Company v. William T. Spencer No. 74-563Colorado Court of Appeals. Decided November 13, 1975. Rehearing denied November 28, 1975. Certiorari denied January 19, 1976. In action by broker to recover commission on real estate sale, trial court denied relief, and broker appealed. Affirmed 1. BROKERS — Real Estate Listing Agreement […]

The People of the State of Colorado, Plaintiff-Appellee, v. Danny M. Espinoza, Defendant-Appellant. No. 98CA1155Colorado Court of Appeals. Division V. April 1, 1999 Rehearing Denied May 6, 1999. Certiorari Granted October 4, 1999. Appeal from the District Court of Otero County, Honorable M. Jon Kolomitz, Judge, No. 94CR95 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS […]

Charles R. Jackson and Alice L. Jackson, Petitioners, v. Harsco Corporation and Patent Scaffolding Company, Respondents. No. 82SC203Supreme Court of Colorado. Decided November 29, 1983. Rehearing Denied January 9, 1984. Certiorari to the Colorado Court of Appeals Page 364 Peter Alan Shelly, for petitioners. Madden and Strate, P.C., William J. Madden, for respondents. En Banc. […]

(364 P.2d 1059) ROBERT C. FARMER v. JOSEPH H. McCOLM. No. 19,528.Supreme Court of Colorado. Decided September 25, 1961. Action for damages resulting from collision of automobile with motor scooter. Judgment for defendant. Reversed. 1. TRIAL — Directed Verdict — Evidence. Only in the clear of cases, when the facts are undisputed and it is […]

36 P.2d 766 VIGIL v. PACHECO. No. 13,586.Supreme Court of Colorado. Decided October 1, 1934. Suit to cancel promissory note. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Fact Findings. On questions of disputed fact and conflicting evidence, the reviewing tribunal is bound by findings of the trial court. 2. […]

(459 P.2d 566) Continental Sales Corp. v. Dennison Stookesberry and The Industrial Commission of Colorado. No. 23524.Supreme Court of Colorado. Decided September 22, 1969. Rehearing denied October 27, 1969. Action by loaned employee against defendant borrowing employer to recover damages for injury sustained as result of defendant’s negligence, and Industrial Commission sought recovery against defendant […]

(489 P.2d 206) The People of the State of Colorado v. Martin Abrahamsen. No. 23992.Supreme Court of Colorado. Decided October 4, 1971. Writ of error by People requesting that Supreme Court disapprove action of district court which dismissed information charging defendant with crime of theft of trade secrets. Affirmed. 1. CONSTITUTIONAL LAW — District attorney […]

448 P.2d 633 Joe M. Mathis v. The People of the State of Colorado. No. 22869.Supreme Court of Colorado. Decided December 23, 1968. Rehearing denied January 13, 1969. Defendant was convicted of aggravated robbery, assault with intent to commit murder, and conspiracy to commit both of the principle crimes, and brought error. Affirmed. 1. CRIMINAL […]

Socrates Sclavenitis and Charles F. Smith, Plaintiffs-Appellants, v. City of Cherry Hills Village Board of Adjustment and Appeals; Judson L. Manning, David Little, William Cooper, Virginia Park, and Gordon Lewis, individually and as present members of The City of Cherry Hills Village Board of Adjustment and Appeals; Jean Brott, City of Cherry Hills Village Chief […]

In the Matter of the Estate of Martin Franchs, Deceased. Joyce Franchs, Appellant, v. Bruce Billings, Special Administrator, and Robert Broyles, Appellees. No. 84CA1360Colorado Court of Appeals. Decided January 23, 1986. Appeal from the District Court of Las Animas County Honorable George A. Newnam, Judge Quigley, Palermo Natchez, P.C., Christopher J. Maurer, for Appellant. No […]

(376 P.2d 518) TRANSPORT CLEARINGS OF COLORADO, INC., v. R. F. LINSTEDT. No. 20,186.Supreme Court of Colorado. Decided December 3, 1962. Rehearing denied December 17, 1962. From allowance of a set-off against shipping charges of carrier for damage to article of furniture, assignee of the carrier brings error. Affirmed. 1. DAMAGES — Pleading — Rules […]

Jason MONTOYA, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado, District 60 Maintenance Center, and SCA Claims Management, LLC, Respondents. No. 08CA0246.Colorado Court of Appeals. November 13, 2008. Koncilja Koncilja, P.C., Lawrence D. Saunders, Pueblo, Colorado, for Petitioner. Page 621 No Appearance for Respondent Industrial Claim Appeals Office. Ritsema Lyon, P.C., T. […]

(543 P.2d 513) Wendell Shelby Stolz v. Arnold Miller, Sheriff of Arapahoe County No. 26843Supreme Court of Colorado. Decided December 15, 1975. Petition for writ of habeas corpus challenging an extradition request by the state of Texas. Trial court refused to grant the writ and ordered rendition of accused to the state of Texas and […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Henry CORRAL, Defendant-Appellant. No. 05CA1979.Colorado Court of Appeals. August 9, 2007. Appeal from the District Court, Adams County, C. Scott Crabtree and Katherine R. Delgado, JJ., to escape. Defendant appealed. Page 838 John W. Suthers, Attorney General, Melissa D. Allen, Assistant Attorney General, Denver, Colorado, for […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of A.E., a Child, and Concerning S.E., Respondent-Appellant. No. 98CA2564Colorado Court of Appeals. November 12, 1999 Appeal from the District Court of Mesa County, Honorable Charles A. Buss, Judge, No. 96JV74 APPEAL DISMISSED Maurice Lyle Dechant, Mesa County Attorney, Mark R. Hand, Assistant County […]

The People of the State of Colorado, Complainant, v. Robert Karl Lynch, Respondent. No. 99PDJ034.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. August 30, 2000. Page 510 [1] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 511 OPINION […]

Barbara Sears, Petitioner, v. Penrose Hospital and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 96CA0909Colorado Court of Appeals. February 20, 1997 Petition for Rehearing DENIED March 27, 1997 Certiorari Denied September 15, 1997. Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No. 4145608 […]

(437 P.2d 544) People ex rel. Duke W. Dunbar, Attorney General of the State of Colorado v. Robert G. McIlhenny. No. 22653.Supreme Court of Colorado. Decided February 26, 1968. Original Proceedings in discipline of attorney at law. Respondent Disbarred. 1. ATTORNEYS AT LAW — Duty — Conduct of Affairs — Business — Legal. An attorney […]

(230 P.2d 589) MacARTHUR, MANAGER OF SAFETY OF DENVER v. BISHOP ET AL. No. 16,618.Supreme Court of Colorado. Decided April 16, 1951. A proceeding involving the application of defendants in error for a hotel and restaurant liquor license. The Manager of Safety denied the license; but in a subsequent action, the district court ordered it […]

In re the Marriage of Joni Ellen Speirs, Appellee and Cross-Appellant, and Roy Dean Speirs, Jr., Appellant and Cross-Appellee No. 96CA1044Colorado Court of Appeals. October 16, 1997 Petition for Rehearing DENIED June 8, 1998. Petition for Writ of Certiorari DENIED June 8, 1998. EN BANC. Page 623 Appeal from the District Court of the City […]

G A LAND, LLC, Jacob J. Dawson, and Betty L. Dawson, Plaintiffs-Appellants, v. The CITY OF BRIGHTON, Defendant-Appellee. No. 08CA2192.Colorado Court of Appeals. April 29, 2010. Appeal from the District Court, Weld County, Roger A. Klein, Daniel S. Maus, JJ. Page 702 Fowler, Schimberg Flanagan, P.C., Timothy J. Flanagan, Katherine Taylor Eubank, Denver, Colorado, for […]

Michael Bodah, Plaintiff-Appellee, v. Montgomery Ward Co., Inc., Defendant-Appellant. No. 83CA1473Colorado Court of Appeals. Decided June 5, 1986. Rehearing Denied July 3, 1986. Appeal from the District Court of Boulder County Honorable Michael R. Enwall, Judge Page 103 Law Offices of Stephen H. Cook, Stephen H. Cook, Stephanie M. Selden, for Plaintiff-Appellee. Law Offices of […]

Western Services, Inc., a Colorado not-profit corporation, Plaintiff-Appellant, v. Sargent School District No. RE-33J, a Colorado body corporate, Defendant-Appellee. No. 84CA1123Colorado Court of Appeals. Decided January 2, 1986. Rehearing Denied January 30, 1986. Certiorari Granted Sargent May 5, 1986 (86SC75). Appeal from the District Court of Rio Grande County Honorable Robert W. Ogburn, Judge Page […]

(424 P.2d 115) Carl Robert Oaks v. The People of the State of Colorado. No. 21625.Supreme Court of Colorado. Decided February 14, 1967. Rehearing denied March 13, 1967. Defendant was convicted of murder in the first degree and brought error. Affirmed. 1. CRIMINAL LAW — Principal — Accessory — Punishment. The acts of the principal […]

(527 P.2d 1175) Anthony Brittis v. Margaret Freemon No. 73-311Colorado Court of Appeals. Decided September 10, 1974. Opinion modified and as modified rehearing denied October 1, 1974. Certiorari denied November 25, 1974. In personal injury automobile accident, trial court entered a directed verdict of liability against defendant and the jury returned a verdict for plaintiff, […]

Maryln A. Elrick, County Treasurer and Ex-Officio Public Trustee of Washington County, Colorado, Plaintiff-Appellee v. Richard D. Merrill, a/k/a Richard Merrill, Barbara P. Merrill; The United States of America acting through the Farmers Home Administration and The United States of America, acting through the Farm Service Agency, as successor in interest to the Farmers Home […]

Halliburton Services and Highlands Insurance Company, Petitioners, v. Robert Miller and The Industrial Commission of the State of Colorado, Respondents. and Robert Miller, Petitioner, v. Halliburton Services, Highlands Insurance Company, and The Industrial Commission of the State of Colorado, Respondents. No. 84SC229 No. 84SC232Supreme Court of Colorado. Decided June 9, 1986. Certiorari to the Colorado […]

Union Pacific Railroad Company as successor in interest to Denver Rio Grande Western Railroad Company, Plaintiff-Appellant, v. Equitas Limited, Defendant-Appellee. No. 98CA1240Colorado Court of Appeals. September 16, 1999 Appeal from the District Court of the City and County of Denver, Honorable John W. Coughlin, Judge, No. 97CV6951 JUDGMENT AFFIRMED Page 955 Steven E. Napper, Denver, […]

The People of the State of Colorado v. Steven Boyd and Eric Winkeller No. 80SA267Supreme Court of Colorado. Decided February 8, 1982. Appeal from the District Court of Eagle County, Honorable William L. Jones, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, William Morris, Assistant Attorney General, Laura […]

FLINT ENERGY SERVICES, INC. and Liberty Mutual Insurance Company, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado and Randall Burch, Respondents. No. 06CA2038.Colorado Court of Appeals. August 7, 2008. Page 449 Law Offices of Richard P. Myers, Jonathan S. Robbins, Denver, Colorado, for Petitioners. John W. Suthers, Attorney General, Mary Karen Maldonado, […]

(397 P.2d 227) ELIZABETH O’HERRON, ET AL., v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. No. 20142.Supreme Court of Colorado. Decided December 14, 1964. Action for personal injuries sustained by pedestrian when struck by an automobile. From a summary judgment entered in favor of third party defendant and counterclaimant, the insurer, error was brought. Reversed. 1. […]

(339 P.2d 619) ALICE B. CORLETT, ET AL. v. MARK T. COX III. No. 18,109.Supreme Court of Colorado. Decided December 15, 1958. Rehearing denied January 12, 1959. Action to quiet title to mineral interest in land. From the judgment and decree entered, the defendants bring error. Affirmed. 1. DEEDS — Construction — Reservation — Exception […]

(590 P.2d 495) Mountain States Legal Foundation v. Public Utilities Commission of the State of Colorado, et al., Mountain Plains Congress of Senior Organizations, Citizens Utilities Company, et al., and Colorado Association of Commerce Industry v. Public Utilities Commission of the State of Colorado, et al., Mountain Plains Congress of Senior Organizations, Citizens Utilities Company, […]

(459 P.2d 133) James B. Sherbondy v. The District Court in and for the County of Eagle and the State of Colorado. No. 24079.Supreme Court of Colorado. Decided September 29, 1969. Original proceeding for writ in nature of mandamus to require district court to furnish petitioner transcript of his arraignment proceedings and trial. Rule to […]

State Personnel Board of the State of Colorado; and the individual members thereof; and Ed Turrou, Hearing Officer for the board; and Department of Local Affairs, Division of Property Taxation; and Mary Ann Mauer, Property Tax Administrator; and John A. Williams of the Division of Property Taxation, Department of Local Affairs v. District Court in […]

Jack Haynes, Larry D. McLaughlin, James H. Cummings, Robert E. Ashley, Keith H. McAdams, David C. Manning, Santiago S. Perez, Steve H. Hecksel, James A. Cichantek, Alan W. Hart, James L. Boni, Ernest C. Simon, Randolph L. Parker, Danny Sparkman, Kathy Baker and Phyllis J. Robinson, Plaintiffs-Appellants, v. Keith Troxel, Dale Gran and Danny Williams, […]

Jorgensen Realty, Inc., Plaintiff-Appellant, v. John P. Box, Richard G. McClintock, and The Frederick R. Ross Investment Company, Defendants-Appellees. No. 83CA1220Colorado Court of Appeals. Decided May 2, 1985. Appeal from the District Court of the City and County of Denver Honorable Robert P. Fullerton, Judge Page 1257 Bader Cox, Gerald L. Bader, Jeffrey M. Villanueva, […]

(228 P.2d 975) SAFRANEK ET AL. v. TOWN OF LIMON. No. 16,319.Supreme Court of Colorado. Decided March 5, 1951. A proceeding by a town to condemn a tract of land belonging to respondents; to obtain the right to sink wells thereon, and to remove and pump therefrom underground and percolating waters. Judgment for respondents in […]

Cedar Lane Investments, a Colorado partnership, Plaintiff-Appellant, v. St. Paul Fire Marine Insurance Company, a Minnesota corporation, Defendant-Appellee. No. 93CA1201Colorado Court of Appeals. Decided September 8, 1994 Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge No. 92CV2495 JUDGMENT AFFIRMED Page 601 James L. Merrill, Attorneys at Law, James L. […]

62 P.2d 1407 MENDEL AND SON WRECKING AND LUMBER COMPANY v. CARPENTER ET AL. No. 14,039.Supreme Court of Colorado. Decided November 23, 1936. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Burke sitting for Mr. Chief Justice Campbell. Mr. Justice Bouck not participating. Error to the District Court of Larimer […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Nicholas VALENCIA, Defendant-Appellant. No. 08CA0456.Colorado Court of Appeals. March 31, 2011. Rehearing Denied June 2, 2011. Appeal from the District Court, Weld County, No. 06CR1699, Gilbert A. Gutierrez, J. Page 1204 John W. Suthers, Attorney General, Alice Q. Hosley, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. […]