Category: Colorado Court Opinions

Westfield Development Company, a California corporation, Louis A. Conter, and James E. Rodgers, Petitioners, v. Rifle Investment Associates, a California limited partnership and Edward L. Clabaugh, Respondents. No. 88SC628Supreme Court of Colorado. Decided February 12, 1990. Petition for Rehearing Denied March 5, 1990. Page 1113 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

(424 P.2d 119) Wishbone Restaurant, and Truck Insurance Exchange v. Juanita L. Moya and Industrial Commission of Colorado No. 22356.Supreme Court of Colorado. Decided February 27, 1967. Rehearing denied March 13, 1967. From judgment upholding award and requiring insurance carrier to defray medical and hospital expenses incurred by claimant based upon selection of her own […]

The People of the State of Colorado, Complainant, v. James M. DeRose, Attorney-Respondent. No. 97SA160Supreme Court of Colorado. September 22, 1997 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James S. Sudler, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Patrick D. Tooley, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC PER CURIAM [1] […]

Timothy Rudlong and Craig Van Sickle, Plaintiffs-Appellants, v. Department of Revenue of the State of Colorado, Motor Vehicle Division, Defendant-Appellee. No. 92CA1532 No. 92CA1630Colorado Court of Appeals. Decided November 18, 1993 Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Honorable Roxanne Bailin, Judge No. 92CV345 No. 92CV449 JUDGMENTS REVERSED AND CAUSES […]

151 P.2d 977 McGONIGLE v. McGONIGLE. No. 15,535.Supreme Court of Colorado. Decided September 18, 1944. A motion by those to whom was awarded the custody of a minor child of divorced parents, to take it from the state and out of the jurisdiction of the court, was granted below. Reversed. On Application for Supersedeas. 1. […]

(393 P.2d 9) DUANE E. FREE v. ROBERT R. CHANDLER, ET AL. No. 21052.Supreme Court of Colorado. Decided June 15, 1964. From a judgment vacating a trial setting and assessing costs against plaintiff, the plaintiff brings error. Writ Dismissed. 1. APPEAL AND ERROR — Costs — Final Judgment — Rules — Writ of Error — […]

Bernard Burke, Jr., Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado and Martin Marietta Corporation, Respondents. No. 94CA0166Colorado Court of Appeals. Decided August 25, 1994 Petition for Rehearing DENIED October 27, 1994. Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC Nos. 3-916-909 3-888-862 ORDER […]

(480 P.2d 106) The Public Utilities Commission of the State of Colorado and Henry E. Zarlengo, Howard S. Bjelland and Edwin R. Lundborg, Individually and as Commissioners Thereof; and Public Service Company of Colorado v. Poudre Valley Rural Electric Association, Inc. No. 24693. No. 24695.Supreme Court of Colorado. Decided December 28, 1970. Opinion modified and […]

Bryan GORDON and Betty Gordon, Plaintiffs-Appellants and Cross-Appellees, v. Peter BOYLES and Jacor Broadcasting of Colorado, Inc., a Colorado corporation, Defendants-Appellees and Cross-Appellants. No. 02CA2196.Colorado Court of Appeals. February 26, 2004. Certiorari Granted October 18, 2004. Appeal from the District Court of City and County of Denver, No. 97CV5224, Frank Martinez, J. Page 76 [EDITORS’ […]

185 P.2d 1013 CONSOLIDATED UNDERWRITERS ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 15,742.Supreme Court of Colorado. Decided October 14, 1947. An action to require the commissioners of the State Industrial Commission to approve a “standard workmen’s liability contract.” Judgment of dismissal. Reversed. 1. WORKMEN’S COMPENSATION — Statutes — Construction. The original Workmen’s Compensation Act, […]

Department of Transportation, State of Colorado, Respondent-Appellant, v. Bennett A. Auslaender, Petitioner-Appellee. No. 03CA0152.Colorado Court of Appeals. Division III. June 3, 2004. Jefferson County District Court No. 99CV3085, Honorable R. Brooke Jackson, Judge. In this appeal arising out of a contempt proceeding, respondent, the Colorado Department of Transportation (CDOT), challenges the trial court’s order granting […]

Roger E. Agee, Revocable Trust Dated March 9, 1990, Plaintiff-Appellee, v. Fred E. Mang and Mildred F. Mang, and all unknown persons who claim any interest in the subject matter of this action, Defendants-Appellants. No. 95CA0487Colorado Court of Appeals. Decided May 2, 1996 Appeal from the District Court of La Plata County, Honorable Al H. […]

Diamond Back Services, Inc., a Colorado corporation, Plaintiff-Appellee, v. Willowbrook Water and Sanitation District, Defendant-Appellant. No. 96CA0693Colorado Court of Appeals. October 16, 1997 Petition for Rehearing DENIED December 18, 1997 Jones, J., would GRANT Petition for Writ of Certiorari DENIED July 27, 1998 Appeal from the District Court of Jefferson County Honorable William P. DeMoulin, […]

Marjorie M. Cook, Petitioner, v. Henry McLister, Elizabeth McLister, The Industrial Claim Appeals Office of the State of Colorado and the Colorado Division of Labor, Respondents. No. 90CA1813Colorado Court of Appeals. Decided September 12, 1991. Rehearing Denied October 10, 1991. Page 1168 Review of Order from the Industrial Claim Appeals Office of the State of […]

In re the Marriage of Robert F. Burford, Petitioner-Appellee, and Anne M. Burford, Respondent-Appellant, and In the Matter of the Estate of Robert F. Burford, Deceased, Anne M. Burford, Claimant-Appellant, v. The Estate of Robert F. Burford, Deceased, R. Kelley Burford, Personal Representative, Appellee. Nos. 93CA1798 93CA2070Colorado Court of Appeals. December 11, 1997 Appeal from […]

(411 P.2d 240) Daniel M. Kraus, Plaintiff, v. Bonnie M. Kraus, Defendant. No. 20742Supreme Court of Colorado. Decided February 21, 1966. Action in divorce. From an order awarding wife specific cash sum under divorce decree, the husband brings error. Affirmed 1. DIVORCE. — Property Division — Alimony — Discretion of Court — Abuse — Review. […]

(367 P.2d 325) E. L. DAVIS v. THE AMERICAN NATIONAL BANK OF DENVER. No. 19,735.Supreme Court of Colorado. Decided December 26, 1961. Action against bank for damages for conversion of chattel property. Judgment for defendant. Affirmed. 1. CONVERSION — Property — Lawful Possession — Demand and Refusal. Where bank came into lawful possession of chattels […]

The People of the State of Colorado, Complainant, v. Joseph R. Farrant, Attorney-Respondent. No. 93SA51Supreme Court of Colorado. Decided May 17, 1993 Original Proceeding in Discipline Page 453 Linda Donnelly, disciplinary Counsel, Sandra J. Pfaff, Assistant Disciplinary Counsel, for Complainant. Joseph R. Farrant, Pro Se, Attorney-Respondent. EN BANC PER CURIAM. [1] A hearing panel of […]

(572 P.2d 487) Alfred Prato and Jean Prato v. Minnesota Mutual Life Insurance Co. No. 76-926Colorado Court of Appeals. Decided August 18, 1977. Opinion modified and as modified petition for rehearing denied September 22, 1977. Certiorari denied December 12, 1977. In action to recover on life insurance policy, trial court found that although first premium […]

(546 P.2d 980) The People of the State of Colorado v. Priestley Cassady Fletcher No. 74-285Colorado Court of Appeals. Decided December 4, 1975. Rehearing denied December 26, 1975. Certiorari granted March 1, 1976. Jury returned a verdict of guilty in first degree murder charge involving the alleged arrangement of and participation in a contract killing […]

People of the State of Colorado, Plaintiff-Appellee, v. Gary L. Wiedemer, Defendant-Appellant. No. 92SA231Supreme Court of Colorado. Decided May 10, 1993. Rehearing Denied June 7, 1993. Appeal from the District Court, Jefferson County Honorable Gaspar F. Perricone, Judge Page 425 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

6 P.2d 1101 AMERICAN AGENCY AND INVESTMENT COMPANY v. GREGG ET AL. No. 12,521.Supreme Court of Colorado. Decided December 28, 1931. Action concerning ownership of fund derived from sale of cemetery lots. Judgment establishing lien of salesmen for commissions and directing application of fund in payment thereof. Affirmed. 1. PRINCIPAL AND AGENT — Sales Contract. […]

Patrick WARD, Complainant, Petitioner-Appellee, v. DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant, and State Personnel Board, Appellee. No. 06CA2496.Colorado Court of Appeals. April 17, 2008. Certiorari Dismissed June 23, 2008. Appeal from the Colorado State Personnel Board adopted the ALJ’s Page 85 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

Charles McGrath, Director of the Division of Labor, Petitioner, v. Industrial Commission of the State of Colorado; Harvey B. Cochran, Hearing Officer; Marjorie Gonzales; University of Southern Colorado; and State Compensation Insurance Fund, Respondents. Director, Division of Labor, on behalf of the Subsequent Injury Fund, Petitioner, v. DeLos Fulks; Montezuma County Hospital District; State Compensation […]

(521 P.2d 1299) Columbia Savings and Loan Association, a Colorado corporation v. Sheryl A. Carpenter No. 73-053Colorado Court of Appeals. Decided March 12, 1974. Rehearing denied April 2, 1974. Certiorari granted May 28, 1974. Interpleader action. Shortly before her death, sole owner of savings account purportedly conveyed joint interest in the account to her granddaughter, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Toby E. Zapata, Defendant-Appellant. No. 85CA1034Colorado Court of Appeals. Decided February 11, 1988. Rehearing Denied March 24, 1988. Certiorari Granted People August 8, 1988 (88SC153). Appeal from the District Court of the City and County of Denver Honorable Connie L. Peterson, Judge Page 755 Duane Woodard, […]

The People of the State of Colorado v. George Juan Chavez No. 80CA0629Colorado Court of Appeals. Decided May 6, 1982. Rehearing denied May 27, 1982. Certiorari denied August 16, 1982. Appeal from the District Court of Pueblo County, Honorable Jack F. Seavy, Judge. J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. […]

In re the Marriage of Michelle A. Lamutt, n/k/a Michelle A. Limon, Appellee, and Frederick R. Lamutt, Appellant. No. 92CA1534Colorado Court of Appeals. Decided June 9, 1994. As Modified on Denial of Rehearing August 4, 1994. Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, Judge No. 84DR2547 JUDGMENT AFFIRMED Page 446 […]

Timothy A. BULLOCK, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 03PDJ037.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. October 28, 2003. Opinion Issued by Presiding Disciplinary Judge ROGER L. KEITHLEY and Hearing Board Members MELINDA M. HARPER, a representative of the public, and JOHN E. HAYES, a […]

36 P.2d 462 POWELL v. LANDIS. No. 13,314.Supreme Court of Colorado. Decided September 17, 1934. Rehearing denied October 15, 1934. Action for damages for false representations. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Evidence. On review the evidence is viewed in the light most favorable to the party successful in the trial court, […]

(592 P.2d 1) D.Z.M. by his next friend, D.K.H., and the Jefferson County Department of Social Services v. D.A.G. No. 78-143Colorado Court of Appeals. Decided October 5, 1978. Opinion modified and as modified petition for rehearing denied December 14, 1978. Certiorari granted March 19, 1979. In paternity action, trial court dismissed action on the basis […]

81 P.2d 399 PEOPLE EX REL. ATTORNEY GENERAL v. BRAYTON. No. 13,718.Supreme Court of Colorado. Decided June 20, 1938. Original Proceeding in Disbarment. Respondent suspended from the practice of law for six months. 1. ATTORNEYS AT LAW — Suspension from Practice. On a review of the record and findings of the district court, respondent is […]

Charles L. Love and Gladys L. Love, Trustees for C. L. Love and Dean J. Love v. Don G. Olson a/k/a Donald G. Olson and Mary M. Olson No. 80CA0378Colorado Court of Appeals. Decided April 15, 1982. Appeal from the District Court of Boulder County, Honorable William S. Neighbors, Judge. Page 862 French Stone, Joseph […]

PATRICIA FAIR, Petitioner, v. RED LION INN, operating as L.P., Respondent. No. 95SC753Supreme Court of Colorado. June 30, 1997 Petition for Rehearing DENIED. Rehearing Denied September 15, 1997. Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 432 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

The People of the State of Colorado, Complainant, v. Wayne Allen Schmad, Respondent. No. 90SA141Supreme Court of Colorado. Decided June 25, 1990. Original Proceeding in Discipline Page 1163 George S. Meyer, Deputy Disciplinary Counsel, for Complainant. No appearance for Respondent. EN BANC PER CURIAM. [1] The Supreme Court Grievance Committee has recommended that the respondent […]

United Bank of Denver National Association, Plaintiff, v. Don P. Ferris and Nadine C. Ferris, Defendants-Appellants, v. SLK Trust, Defendant-Appellee. No. 91CA0853Colorado Court of Appeals. Decided April 9, 1992. Rehearing Denied May 7, 1992. Certiorari Denied February 22, 1993 (92SC357). Appeal from the District Court of the City and County of Denver Honorable Morris B. […]

Richard Abrahamson, Plaintiff-Appellant, v. City of Montrose, Defendant-Appellee. No. 02CA0649Colorado Court of Appeals. March 27, 2003 Rehearing Denied May 22, 2003 Certiorari Granted September 22, 2003 Montrose County District Court No. 00CV21; Honorable J. Steven Patrick, Judge JUDGMENT AFFIRMED Division I Graham and Sternberg[*] , JJ., concur [*] Sitting by assignment of the Chief Justice […]

(596 P.2d 764) The People of the State of Colorado v. Jon Randolph Jamerson No. 28271Supreme Court of Colorado. Decided June 25, 1979. Rehearing denied July 16, 1979. People appeal from a judgment of the district court which, for a second time, dismissed criminal charges against defendant for failure to provide him with a speedy […]

Glenna Alberta Brown, Marcie Joanne Brown and Amy Joyce Brown, Plaintiffs-Appellants, v. Isaac Teitelbaum, M.D.; University Hospital at the University of Colorado Health Sciences Center, and its employees, servants and agents; University of Colorado Health Sciences Center, and its employees, servants and agents; Mark A. Sitarik, M.D., Paul A. Bunn, M.D., and G. Singh, M.D., […]

The People of the State of Colorado, Plaintiff-Appellant, v. Franklin R. White, Defendant-Appellee. No. 90CA1162Colorado Court of Appeals. Decided August 15, 1991. Rehearing Denied September 19, 1991. Appeal from the District Court of Mesa County, Honorable David A. Bottger, Judge. Frank J. Daniels, Chief Deputy District Attorney, Stephen K. Erkenbrack, District Attorney, for Plaintiff-Appellant. Williams […]

In the Matter of the Claim of: Marvin E. Newman, Petitioner, v. McKinley Oil Field Service and Travelers Insurance Company, Respondents. No. 83SC165Supreme Court of Colorado. Decided December 10, 1984. Opinion Modified and, as Modified. Rehearing Denied February 4, 1985. Certiorari, Colorado Court of Appeals Page 239 Mellman, Thorn, P.C., Gerald N. Mellman, for Petitioner. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Glenn Douglas Gross, Defendant-Appellee. No. 91SA197Supreme Court of Colorado. Decided April 20, 1992. Rehearing Denied May 11, 1992. Appeal from District Court, Boulder County Honorable Morris W. Sandstead, Jr., Judge. Page 934 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

Christy J. Swainson, Petitioner, v. The People of the State of Colorado, Respondent. No. 83SC305Supreme Court of Colorado. Decided January 13, 1986. Certiorari to the Colorado Court of Appeals Jeffrey R. Edelman, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Peter J. Stapp, Assistant Attorney […]

23 P.2d 580 ZANG v. WRIGHT. No. 12,819.Supreme Court of Colorado. Decided June 26, 1933. Action for damages growing out of an automobile collision. Judgment for plaintiff. Reversed. 1. AUTOMOBILES — Negligence — Ordinances. An automobile driver who makes a left turn, and in so doing cuts the corner in direct violation of a city […]

(596 P.2d 1198) The People of the State of Colorado v. Joseph L. Montera No. 27775Supreme Court of Colorado. Decided July 2, 1979. People appeal here pursuant to section 16-12-102, C.R.S. 1973, seeking disapproval of the trial court’s judgment of acquittal and its dismissal of a three-count grand jury indictment. Trial Court Action Disapproved. 1. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Scott Allen Noland, Defendant-Appellant. No. 85CA0883Colorado Court of Appeals. Decided April 23, 1987. Rehearing Denied May 14, 1987. Certiorari Denied People July 20, 1987 (87SC213). Appeal from the District Court of Douglas County Honorable Abraham Bowling, Judge. Page 907 Duane Woodard, Attorney General, Charles B. Howe, […]

8 P.2d 263 WESTERN SLAVONIC ASSOCIATION ET AL. v. VIDETICH. No. 12,492.Supreme Court of Colorado. Decided February 1, 1932. Rehearing denied February 23, 1932. Action to cancel trust deeds and enjoin foreclosure thereunder. Decree for plaintiff. Affirmed. 1. LIS PENDENS — Effect. The effect of filing a notice of lis pendens is to prevent interference […]

Lance L. Furnari, Plaintiff-Appellant, v. Zavaras, Executive Director, Colorado Department of Corrections and Larry Trujillo, Chairman and Hearing Officer for the Colorado Parole Board, Defendants-Appellees. No. 95CA0568Colorado Court of Appeals. Decided February 1, 1996 Appeal from the District Court of El Paso County, Honorable Donald E. Campbell, Judge, No. 94CV2396. JUDGMENT AFFIRMED Page 509 Bob […]

William A. Matthews, Vern Nelson, William W. Ogg, Ronald R. Pomeroy, and Illinois Mutual Life and Casualty Company, an Illinois corporation, Plaintiffs-Appellants, v. H.E. Saleen and Jeanne L. Saleen, Defendants-Appellees, and B.F. Girard Avenue Associates and Benjamin Foster, Third-Party Defendants-Appellees. No. 90CA0301Colorado Court of Appeals. Decided May 23, 1991. Appeal from the District Court of […]

Woodrow W. Watson, Plaintiff-Appellee and Cross-Appellant, v. Vouga Reservoir Association, Defendant-Appellant and Cross-Appellee. No. 97CA1090Colorado Court of Appeals. Division IV November 27, 1998 Appeal from the District Court, Gunnison County, Honorable J. Steven Patrick J. Russell Wilderson O’Hayre Dawson, Gunnison, Colorado; Law Office of Gary L. Crandell, Gary L. Crandell, Denver, Colorado, for Plaintiff-Appellee and […]

Stagecoach Property Owners Association, a Colorado non-profit corporation, John H. Johnson and Weaver Construction Company, a Colorado corporation, Plaintiffs-Appellees, v. Young’s Ranch, a partnership, Defendant-Appellant. No. 82CA0529Colorado Court of Appeals. Decided December 23, 1982. Page 1379 Appeal from the District Court of Routt County Honorable Claus Hume, Judge. Arthur L. Fine, for plaintiffs-appellees. Robert H. […]

DENVER FOUNDATION, Plaintiff-Appellee, v. WELLS FARGO BANK, N.A., Defendant-Appellant. No. 04CA1403.Colorado Court of Appeals. October 20, 2005. Certiorari Granted August 14, 2006. Appeal from the Probate Court, City and County of Denver, C. Jean Stewart, J. Page 79 Sherman Howard, L.L.C., Christopher Lane, Bridget K. Sullivan, Denver, Colorado, for Plaintiff-Appellee. Baker and Hostetler, LLP, Marc […]

111 P.2d 893 FRENCH v. PATRIOTIC INSURANCE COMPANY OF AMERICA. FRENCH v. SOUTH BRITISH INSURANCE COMPANY OF NEW ZEALAND. FRENCH v. CITY OF NEW YORK INSURANCE COMPANY. FRENCH v. ORIENT INSURANCE COMPANY OF HARTFORD. No. 14,876, 14,877, 14,878, 14,879.Supreme Court of Colorado. Decided February 24, 1941. Rehearing denied March 24, 1941. Actions on fire insurance […]

BEAVER CREEK RANCH, L.P., an Iowa limited partnership, d/b/a in Colorado as Youberg Beaver Creek Ranch, L.P., Plaintiff-Appellee, v. GORDMAN LEVERICH LIMITED LIABILITY LIMITED PARTNERSHIP, a Colorado limited liability limited partnership, Defendant-Appellant. No. 08CA1333.Colorado Court of Appeals. May 28, 2009. Rehearing Denied July 23, 2009. Page 1156 Appeal from the District Court, Garfield County, James […]

(381 P.2d 814) REYES CORREA-NEGRON v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,351.Supreme Court of Colorado. Decided May 20, 1963. Defendants was convicted of embezzlement and brings error. Reversed. 1. CRIMINAL LAW — Embezzlement — Evidence — Sufficiency — Jury. In prosecution for embezzlement, evidence and exhibits which serve only to create doubt […]

(214 P.2d 784) NATIONAL FUEL COMPANY ET AL. v. ARNOLD ET AL. No. 16,382.Supreme Court of Colorado. Decided January 23, 1950. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Statutes — Interpretation. The Workmen’s Compensation Act is highly remedial, and should be given a liberal interpretation and application […]

The People of the State of Colorado, Plaintiff-Appellee, v. Cao Tri Nguyen, Defendant-Appellant. No. 93CA1162Colorado Court of Appeals. June 1, 1995 Appeal from the District Court of Jefferson County Honorable William P. DeMoulin, Judge No. 92CR1237 ADJUDICATION REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 353 Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy […]

Bedford Motors, Inc., d/b/a Highland Chevrolet, Inc., d/b/a Mike Flannery Chevrolet, a Colorado corporation, Plaintiff-Appellant, v. Perry Harris, as President of the Colorado Motor Vehicle Dealer Licensing Board, Defendant-Appellee. No. 84SA403Supreme Court of Colorado. Decided February 24, 1986. Appeal from District Court, City and County of Denver Honorable Roger Cisneros, Judge Page 490 Philip E. […]

Robert M. Travis, and Patricia Haberman, as Co-Personal Representatives of the Estate of Katherine A. Warnock, Deceased, Plaintiffs-Appellants, v. La Junta State Bank, Defendant-Appellee. No. 83CA1194Colorado Court of Appeals. Decided July 19, 1984. Rehearing Denied August 2, 1984. Certiorari Granted January 14, 1985. Appeal from the District Court of Otero County Honorable Durant D. Davison, […]

(424 P.2d 382) The Colorado Fuel and Iron Corporation v. The Industrial Commission of Colorado, and State Compensation Insurance Fund, and Esther Bensik, Barbara Bensik, a minor, Bruce Bensik, a minor, George E. Bensik, a minor, and Bonnie Bensik, a minor. No. 22454.Supreme Court of Colorado. Decided March 6, 1967. From a judgment affirming an […]

56 P.2d 933 HORTON, COUNTY TREASURER ET AL. v. FOUNTAIN VALLEY SCHOOL. No. 13,650.Supreme Court of Colorado. Decided April 6, 1936. Suit by a school corporation to enjoin taxation of its property, claimed to be exempt. Judgment exempting a portion of the property and holding the balance taxable. Affirmed in Part. Reversed in Part. 1. […]

(368 P.2d 791) LEWIS J. ROBINSON, ET AL. v. MARIO E. CROSSON, ET AL. No. 19,686.Supreme Court of Colorado. Decided February 13, 1962. Action to enjoin foreclosure proceedings and for breach of contract. Judgment for defendants. Reversed. 1. TRIAL — Issues — Pre-trial Conference. Where parties at pre-trial conference agreed that only issue to be […]

(460 P.2d 235) Ramon O’Neil Kerr v. the Board of County Commissioners of the County of Douglas in the State of Colorado. No. 23068.Supreme Court of Colorado. Decided November 3, 1969. From judgment of district court upholding Board of County Commissioners in their denial of applicant’s request for license to dispense 3.2% beer by the […]

(462 P.2d 119) Catherine Constance Harrison v. Graydon Eugene Harrison. No. 24130.Supreme Court of Colorado. Decided December 8, 1969. Divorce action. From order awarding custody of 3-year-old daughter to father, mother brought error. Affirmed. 1. DIVORCE — Custody — 3-Year-Old — Best Interests — Award — Father — Discretion — Propriety. In custody proceeding, where […]

The People of the State of Colorado, Plaintiff-Appellee, v. Charles Holder, Defendant-Appellant. No. 82CA0998Colorado Court of Appeals. Decided January 19, 1984. Certiorari Denied August 27, 1984. Appeal from the District Court of El Paso County Honorable W.E. Rhodes, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, […]

(449 P.2d 350) James E. Donnelly v. Ada Mae Donnelly. No. 22416.Supreme Court of Colorado. Decided November 18, 1968. Rehearing denied February 3, 1969. Divorce action involving solely the matter of division of property. From a judgment dividing the property of the parties pursuant to certain findings and conclusions, error was brought. Affirmed in Part, […]

(362 P.2d 570) MORRIS MILLER v. L.C. FULENWIDER, INC. No. 19,244.Supreme Court of Colorado. Decided May 29, 1961. Rehearing denied June 26, 1961. Action for broker’s commission on the sale of corporate stock. Judgment for plaintiff. Affirmed. 1. BROKERS — Listing Agreement — Evidence — Findings — Parol Evidence. In an action to recover a […]

Jennifer M. Arndt, Plaintiff-Appellant, v. The City of Boulder and its Department of Public Works — Inspection Services; the City of Boulder Board of Building Appeals; Braco Holdings, Inc., a foreign corporation; Sally Dalton and Robert Dalton, individually, Defendants-Appellees. No. 93CA1057Colorado Court of Appeals. Decided October 6, 1994. Petition for Rehearing DENIED November 3, 1994. […]

Stuart L. Smith, and Lutheran Medical Center, a Colorado non-profit corporation, Petitioners, v. Patricia A. Boyett and Gary A. Boyett, Respondents. No. 94SC420Supreme Court of Colorado. Decided December 11, 1995 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Page 509 Hall Evans, L.L.C., Alan Epstein, Linda C. Comer, Richard […]

(564 P.2d 421) Board of County Commissioners of Mesa County, Colorado, and Douglas Muth and Thomas M. Wilkinson v. Honorable James J. Carter, Judge, Twenty-First Judicial District, State of Colorado No. 27531Supreme Court of Colorado. Decided May 23, 1977. Original proceeding. Rule to show cause issued why petitioner’s motion to dismiss the complaint filed in […]

161 P.2d 520 YOUNG v. YOUNG. No. 15,393Supreme Court of Colorado. Decided August 16, 1945. Judgment affirmed in department without written opinion, Mr. Chief Justice Bakke, Mr. Justice Burke and Mr. Justice Jackson, participating. Error to the District Court of the City and County of Denver, Hon. G. A. Luxford, Judge. Mr. HARRY G. SAUNDERS, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jorge Marquez-Lopez, Defendant-Appellant. No. 95CA1684Colorado Court of Appeals. July 24, 1997 Petition for Rehearing DENIED September 18, 1997. Petition and Cross-Petition for Writ of Certiorari DENIED February 23, 1998. Appeal from the District Court of Larimer County, Honorable William F. Dressel, Judge, No. 95CR355 JUDGMENT REVERSED […]

The People of the State of Colorado, Plaintiff-Appellee, v. Henry L. Whitley, Defendant-Appellant. No. 97CA1096Colorado Court of Appeals. Division III June 10, 1999 As Modified on Denial of Rehearing. September 23, 1999 Certiorari Granted May 1, 2000 Page 32 Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge, No. 96CR2150. […]

155 P.2d 765 PATCH ET AL. v. PATCH-SMITH. No. 15,297Supreme Court of Colorado. Decided January 22, 1945. A proceeding involving the construction of a will. The district Court held a part of the will to be null and void. Affirmed. On Application for Supersedeas. 1. WILLS — Real Estate — Interpretation. Where all of the […]

(350 P.2d 571) ELLSWORTH MEDBERRY v. WAYNE K. PATTERSON, WARDEN, ETC., ET AL. No. 19,166.Supreme Court of Colorado. Decided March 14, 1960. Rehearing denied April 11, 1960. Petition for writ of habeas corpus seeking release from prison following conviction of first degree murder. Writ denied. Affirmed. 1. CRIMINAL LAW — Homicide — Conviction — Appeal […]

(584 P.2d 103) In re the Marriage of Patricia Mae Parker and Ronald Richard Parker No. 78-015Colorado Court of Appeals. Decided August 24, 1978. In dissolution of marriage and ancillary custody proceeding, wife appealed from order relative to fees incurred by her and her children. Affirmed in Part, Reversed in Part. 1. DISSOLUTION OF MARRIAGE […]

Sharon Hargett, Petitioner, v. Director, Division of Labor, The Industrial Claim Appeals Office of the State of Colorado, and Colorado Compensation Insurance Authority, Respondents. No. 90CA1754Colorado Court of Appeals. Decided October 8, 1992. Opinion Modified, and as Modified Rehearing Denied November 13, 1992. Certiorari Denied June 14, 1993 (92SC776). Review of Order from the Industrial […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ralph Canseco, Defendant-Appellant, No. 83CA0380Colorado Court of Appeals. Decided April 19, 1984. Rehearing Denied May 17, 1984. Certiorari Denied October 9, 1984. Appeal from the District Court of Jefferson County Honorable Ronald Hardesty, Judge Page 674 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

Federal Deposit Insurance Corporation, as Receiver for Buena Vista Bank Trust Company, and Glenn R. McGowan, Petitioners, v. American Casualty Company of Reading, Pennsylvania, Respondent. No. 91SC592Supreme Court of Colorado. Decided December 14, 1992. Opinion Modified, and as Modified Rehearing Denied January 11, 1993. Certiorari to the Colorado Court of Appeals Page 1286 [EDITORS’ NOTE: […]

(615 P.2d 20) Robert A. Gandy v. Park National Bank, a National Banking Institution No. 79SC130Supreme Court of Colorado. Decided August 5, 1980. Action to enforce a continuing guaranty. The district court entered judgment holding the guarantor liable. The court of appeals, 42 Colo. App. 203, 595 P.2d 704, affirmed and certiorari was granted. Reversed […]

E. B. O’Hara v. Donald G. Coltrin, Patricia Roberts Walker and Peter C. Bowes, as Trustees of The Spool Trusts; Creek Cattle Co., a Texas corporation; Globe-News Publishing Company, Inc., a corporation; Adolph Coors Company, a Colorado corporation; David F. Lawrence and Thomas G. Vessels, also known as Tom Vessels, and Beaver Mesa Exploration Co., […]

Douglas P. Scheer, Jr., Plaintiff-Appellant, v. Douglas Patrick Scheer, Sr., Defendant-Appellee. No. 93CA1779Colorado Court of Appeals. Decided August 25, 1994. Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge No. 91CV7374 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Strate and Tondre, P.C., Brice A. Tondre, Steven R. […]

The People of the State of Colorado, Complainant, v. Dana L. Larson, Attorney-Respondent. No. 85SA327Supreme Court of Colorado. Decided February 24, 1986. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. Dana L. Larson, Pro Se. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. [1] The […]

The People of the State of Colorado, Plaintiff-Appellant, v. Sheila Marie Smith, Defendant-Appellee. No. 85SA225Supreme Court of Colorado. Decided April 21, 1986. Interlocutory Appeal from District Court, Jefferson County Honorable Ruthanne N. Polidori, Judge Page 1116 Nolan L. Brown, District Attorney, Dennis W. Brown, Deputy District Attorney, Catherine S. Roberts, Deputy District Attorney, for Plaintiff-Appellant. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Mickey Lee Sutherland, Defendant-Appellant. No. 82SA373Supreme Court of Colorado. Decided June 4, 1984. Rehearings Denied June 25, 1984. Appeal from District Court, Rio Blanco County Hon. Gavin D. Litwiller, Judge Page 1193 J. D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, […]

82 P.2d 775 ESTATE OF LIDEN. HAUSER, ADMINISTRATOR v. FOSTER, ADMINISTRATOR ET AL. No. 14,383.Supreme Court of Colorado. Decided July 11, 1938. Rehearing denied September 19, 1938. Proceeding involving the construction of a trust agreement between a husband and wife and as to whether there was a joint tenancy in their property with right of […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Edward Hall, Defendant-Appellant. No. 81CA0265Colorado Court of Appeals. Decided August 9, 1984. Rehearing Denied September 27, 1984. Certiorari Denied March 25, 1985. Appeal from the District Court of Weld County Honorable Robert A. Behrman, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

David C. Greenberg, M.D., Petitioner, v. Carolyn L. Perkins, f/k/a Carolyn L. Hudson, Respondent. No. 91SC768Supreme Court of Colorado. Decided February 1, 1993. Certiorari to the Colorado Court of Appeals Cooper Kelley, P.C., Thomas B. Kelley, Mark A. Fogg, John R. Mann, for Petitioner. Ozer Mullen, P.C., Anthony L. Sokolow, Christopher C. Felton, for Respondent. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Lawrence L. Bielecki, Defendant-Appellant. No. 97CA0400Colorado Court of Appeals. Div. V. August 6, 1998 Petition for Rehearing DENIED October 19, 1998 Petition for Writ of Certiorari DENIED. EN BANC. May 17, 1999 Appeal from the District Court of Arapahoe County, Honorable Michael J. Watanabe, Judge, No. […]

Marion K. Forrest and Julia A. Forrest, Plaintiffs-Appellants, v. Imperial Distribution Services, Inc., a Delaware corporation; and Paul F. Larned, Defendants-Appellees. No. 83CA0627Colorado Court of Appeals. Decided April 25, 1985. Rehearing Denied June 6, 1985. Certiorari Granted November 4, 1985 (85SC259). Appeal from the District Court of Adams County Honorable Harlan R. Bockman, Judge Page […]

(470 P.2d 82) Argle Welborn, Father and Natural Guardian of James Welborn, a Minor v. Arlene Phyllis Hartman and Allied Mutual Insurance Company No. 70-008 (Supreme Court No. 22643)Colorado Court of Appeals. Decided January 27, 1970. Action to collect a judgment debt. From a finding that insurance company was not the insurer nor the judgment […]

In re the Marriage of: Francis H. Kiefer, Appellant, and Sharon S. Kiefer, Appellee. No. 85CA1263Colorado Court of Appeals. Decided April 16, 1987. Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge Page 55 Richard Y. Neiley, Jr., P.C., Richard Y. Neiley, Jr., for Appellant. Sheldon F. […]

(437 P.2d 44) The Public Utilities Commission of the State of Colorado v. Colorado Motorway, Inc. No. 21526.Supreme Court of Colorado. Decided February 5, 1968. Proceeding by Public Utilities Commission for purpose of general investigation with reference to adopting rules and regulations. From judgment of district court reversing decision of the Commission which changed motor […]

(440 P.2d 152) Harry Lee Tillman v. Capitol Hill Transfer and Storage Company, Employers’ Liability Assurance Corporation, Ltd., and the Industrial Commission of Colorado. No. 23247.Supreme Court of Colorado. Decided May 6, 1968. Proceeding by claimant for review of the Industrial Commission’s action and to obtain an order directing the Commission to have his compensation […]