Category: Colorado Court Opinions

Renita D. Bell, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Regional Transportation District, Respondents. No. 03CA1161.Colorado Court of Appeals. April 22, 2004. As Modified on Denial of Rehearing May 20, 2004. Industrial Claim Appeals Office of the State of Colorado, DD No. 25527-2002. Opinion Modified, and As Modified, Petition for […]

(534 P.2d 618) In the Matter of the Application for Water Rights of: Merit Land Cattle Company, Inc., W-17, W-18, W-19, and W-20. In the Matter of the Application for Water Rights of: Carolyn D. Baker, W-22 v. Southeastern Colorado Water Conservancy District and Division Engineer of Water Division No. 2 No. 26311Supreme Court of […]

Carla L. Dawson, Petitioner, v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and Albertson’s, Inc., Respondents. No. 82CA1057Colorado Court of Appeals. Decided February 10, 1983. Review of Order from the Industrial Commission of the State of Colorado Mark T. Angelos, for petitioner. J.D. MacFarlane, Attorney General, Charles B. Howe, […]

(613 P.2d 339) Contemporary Enterprises, Inc., a Colorado corporation, v. Alan N. Charnes, Executive Director, Colorado Department of Revenue No. 78-1103Colorado Court of Appeals. Decided January 24, 1980. Rehearing denied February 28, 1980. Certiorari denied June 16, 1980. Department of Revenue appealed the entry of a declaratory judgment under which the trial court determined that […]

Michael W. College and Nancy J. College, Plaintiffs-Appellants and Cross-Appellees, v. J. Mark Scanlan, Futura Properties, Limited, a Colorado corporation, Poole Company Realtors, a Colorado corporation, June Steely, Megapolitan Mortgage Company, a Colorado corporation, Lakewood Megapolitan Mortgage Company, a Colorado corporation, and Michael A. Stafford, Defendants-Appellees and Cross-Appellants. No. 83CA0063Colorado Court of Appeals. Decided January […]

George I. Vigil, Petitioner, v. The People of the State of Colorado, Respondent. No. 85SC118Supreme Court of Colorado. Decided January 20, 1987. Rehearing Denied February 17, 1987. Certiorari to the Colorado Court of Appeals Page 714 David F. Vela, Colorado State Public Defender, Duane M. Kline III, Deputy State Public Defender, Frances Smylie Brown, Deputy […]

The People of the State of Colorado, Petitioner, v. Austin J. Wright, Respondent. No. 85SC275Supreme Court of Colorado. Decided September 8, 1987. Certiorari to the District Court, Jefferson County Honorable Gaspar F. Perricone, Judge Nolan L. Brown, District Attorney, E. Ronald Beeks, Deputy District Attorney, for Petitioner. David F. Vela, Colorado State Public Defender, Victoria […]

Gerrity Oil and Natural Gas Corporation, Plaintiff-Appellee, v. Bob Magness, Defendant-Appellant. No. 94CA1319Colorado Court of Appeals. Decided December 21, 1995 Opinion Modified, And As Modified, Petition for Rehearing DENIED March 7, 1996 Certiorari Granted September 9, 1996 Appeal from the District Court of Weld County, Honorable John J. Althoff, Judge, No. 92CV808. JUDGMENT REVERSED AND […]

149 P.2d 380 CAMPBELL ET AL. v. TRATE. No. 15,095.Supreme Court of Colorado. Decided April 17, 1944. Rehearing denied May 8, 1944. Action for damages for death of plaintiff’s wife resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Negligence — Guest. The negligence of an automobile driver is not imputable to […]

(524 P.2d 316) The People of the State of Colorado in the interest of C.P. and D.P., and concerning F.P. and L.P. and H.L.O. No. 73-424Colorado Court of Appeals. Decided May 7, 1974. Opinion modified and as modified rehearing denied May 29, 1974. Certiorari denied July 29, 1974. Grandmother of children adjudicated neglected and dependent […]

(364 P.2d 730) VALLEY DEVELOPMENT CO., ET AL. v. ROSE L. WEEKS. No. 19,139.Supreme Court of Colorado. Decided September 5, 1961. Action for damages for interference with easement in ditch for conveyance of irrigation water. Judgment for plaintiff. Affirmed in Part, Reversed in Part. 1. WATER RIGHTS — Easement — Interference — Remedy — Conditions. […]

In the Matter of the Estate of: Charles A. Reid, Jr., Deceased, Faye Reynolds, Heir-Appellant, v. Cross, Gaddis, Kin Quicksall, Lien Claimants-Appellees. No. 81CA0726Colorado Court of Appeals. Decided November 23, 1983. Rehearing Denied December 15, 1983. Certiorari Denied May 7, 1984. Appeal from the District Court of El Paso County Honorable Bernard R. Baker, Judge […]

The People of the State of Colorado, Plaintiff-Appellee, v. George Preston Wheatley, Defendant-Appellant. No. 88CA0671Colorado Court of Appeals. Decided September 13, 1990. Rehearing Denied November 1, 1990. Certiorari Denied February 19, 1991 (90SC714). Appeal from the District Court of Larimer County Honorable A. Arnaud Newton, Jr., Judge. Page 1149 Duane Woodard, Attorney General, Charles B. […]

Lory Kohn and Carla Kohn, Plaintiffs-Appellees, v. The City of Boulder and Stephen T. Honey in his official capacity and the Boulder City Manager, Defendants-Appellants. No. 94CA2191Colorado Court of Appeals. Decided October 12, 1995 Petition for Rehearing DENIED December 7, 1995 Certiorari Denied July 1, 1996 Appeal from the District Court of Boulder County Honorable […]

(322 P.2d 96) CONRAD C. FLETCHER, ET AL. v. DISTRICT COURT OF JEFFERSON COUNTY, ET AL. No. 18,500.Supreme Court of Colorado. Decided February 24, 1958. Original proceeding in nature of prohibition to restrain trial court from proceeding in civil action. Rule to show cause issued. Rule Made Absolute in Part. Discharged in Part. 1. PROCESS […]

The People of the State of Colorado, Plaintiff-Appellee, v. Roberta J. Maxich, Defendant-Appellant. No. 97CA0327Colorado Court of Appeals. April 30, 1998 Rehearing Denied June 4, 1998 Certiorari Denied February 16, 1999 Appeal from the District Court of the City and County of Denver, Honorable Lynne M. Hufnagel, Judge, No. 95CR857. SENTENCE AFFIRMED Page 269 Gale […]

Melynda SLAUGHTER, Plaintiff-Appellant, v. JOHN ELWAY DODGE SOUTHWEST/AUTONATION, Defendant-Appellee. No. 03CA1346.Colorado Court of Appeals. Division IV. January 13, 2005. Appeal from the District Court, City and County of Denver, Herbert L. Stern, III, J. Page 1166 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Town of Parker, Plaintiff-Appellant, v. John T. Norton, Defendant-Appellee. No. 96CA0011Colorado Court of Appeals. May 29, 1997 Petition for Rehearing DENIED June 25, 1997 Appeal from the District Court of Douglas County, Honorable Thomas J. Curry, Judge, No. 95CV301. JUDGMENT REVERSED, ORDER VACATED AND CAUSE REMANDED WITH DIRECTIONS. Page 536 Hayes, Phillips Maloney, P.C., James […]

(287 P.2d 265) NATIONAL MOTOR FINANCE COMPANY v. FRANK F. DeMARCO. No. 17,585.Supreme Court of Colorado. Decided August 29, 1955. Replevin action originating in justice court, on appeal to the county court judgment was entered for the defendant and the plaintiff brings error. Reversed and Remanded With Directions. 1. JUSTICE OF THE PEACE — Appeal […]

VOLUNTEERS OF AMERICA COLORADO BRANCH, a Colorado non-profit corporation, and Volunteers of America Foundation-Colorado, a Colorado nonprofit corporation, both d/b/a Volunteers of America, Petitioners v. Wayne GARDENSWARTZ and Zachary C. Tucker, as co-personal representatives of Richard B. Tucker, Respondents. No. 09SC20.Supreme Court of Colorado. November 15, 2010. Appeal from the District Court, City and County […]

21 P.2d 181 D. F. BLACKMER FURNITURE AND CARPET COMPANY ET AL. v. BLACKMER. No. 13,264.Supreme Court of Colorado. Decided April 10, 1933. Action in mandamus. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. CORPORATIONS — Inspection of Books by Stockholder. Stockholder of a corporation has a statutory right to inspect the corporate records. […]

(377 P.2d 122) IRA J. SMITH v. PAUL E. NELSON, ET AL. No. 20,467.Supreme Court of Colorado. Decided December 24, 1962. Defendant was adjudged in contempt of court and brings error. Affirmed. 1. CONTEMPT — Evidence — Sufficiency. Where defendant had been ordered to remove building from property as in violation of restrictive convenants, but […]

A.B. Hirschfeld Press, Inc., a Colorado corporation, Petitioner, v. The City and County of Denver; Thomas P. Briggs, in his capacity as Manager of Revenue of the City and County of Denver; and Milo E. Scram, in his capacity as Hearing Officer of the Department of Revenue of the City and County of Denver, Respondents. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael A. Rodriguez, Defendant-Appellant. No. 89CA0139Colorado Court of Appeals. Decided September 20, 1990. Rehearing stricken as untimely filed November 19, 1990. Certiorari Denied July 25, 1991 (90SC770). Appeal from the District Court of Pueblo County Honorable T. Eugene Halaas, Judge. Duane Woodard, Attorney General, Charles B. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Vito Lomanaco, Defendant-Appellant. No. 88CA1177Colorado Court of Appeals. Decided July 19, 1990. Rehearing Denied August 30, 1990. Certiorari Denied January 7, 1991 (90SC613). Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge. Page 1144 Duane Woodard, Attorney General, Charles B. Howe, Chief […]

19 P.2d 494 CITY OF PUEBLO v. SINCLAIR. No. 12,879.Supreme Court of Colorado. Decided February 14, 1933. Action against a city for damages for personal injuries occasioned by defective street. Judgment for plaintiff. Affirmed. 1. VERDICT — Amount — Personal Injuries. In an action against a city for damages for personal injuries occasioned by defective […]

Arthur L. Semendinger, Petitioner, v. James Brittain, Superintendent, Arkansas Valley Correctional Facility, Ordway, Colorado, Respondent. No. 88SA2Supreme Court of Colorado. Decided March 27, 1989. Certiorari to the District Court, Crowley County Honorable Durant D. Davidson, Judge. David F. Vela, Colorado State Public Defender, Ted Stavish, Deputy State Public Defender, for Petitioner. Duane Woodard, Attorney General, […]

Pueblo West Metropolitan District, a Colorado municipal corporation, Plaintiff-Appellant, v. Southeastern Colorado Water Conservancy District, Its Board of Directors, and Raymond D. Nixon, Robert Northrup, Jon E. Javernick, Glenn Everett, Keith I. Webb, John Huebsch, Lee Simpson, Frank Milenski, Leon C. Hook, Ralph Adkins, Alferd Putnam, Pete Peters, Dr. Wendell Hutchinson, Kenneth Carter, and Alvin […]

100 P.2d 1044 DeCLOUD v. CITY OF BOULDER. No. 14,573.Supreme Court of Colorado. Decided March 18, 1940. Judgment affirmed in department without written opinion, Mr. Justice Young, Mr. Justice Bakke and Mr. Justice Burke participating. Error to the District Court of Boulder County, Hon. Frederic W. Clark, Judge. Mr. LEWIS D. MOWRY, Mr. ROBERT A. […]

263 P.2d 408 UNION MUTUAL INSURANCE COMPANY v. SECURITIES CORPORATION. No. 11,802.Supreme Court of Colorado. Decided December 19, 1927. Rehearing denied January 23, 1928. Action on due bill and cashier’s check. Judgment for defendant. Affirmed. 1. CONTRACTS — Illegal — Mutual Misconduct. Where a contract or transaction is illegal, fraudulent or immoral, and there is […]

Moore and Company, a Colorado corporation, and H.L. Richison, Petitioners, v. T-A-L-L, Inc., a Colorado corporation, Respondent. No. 88SC626Supreme Court of Colorado. Decided May 29, 1990. Certiorari to the Colorado Court of Appeals Page 795 Rothgerber, Appel, Powers, Johnson, Richard K. Clark, Elizabeth T. Wald, for Petitioner Moore and Company. Hall Evans, Eugene O. Daniels, […]

(285 P.2d 828) MARGY ANN OFSTAD, BY ELIZABETH OFSTAD, v. WILLIAM A. SARCONI. No. 17,418.Supreme Court of Colorado. Decided May 16, 1955. Proceedings to contest a will. Judgment for proponent. Reversed. 1. WILLS AND ESTATES — Will Contest — Witnesses. Where the chief witness for the proponent in a will contest was the attorney who […]

The People of the State of Colorado, Complainant, v. Andre Keith Silvola, Attorney-Respondent. No. 94SA435Supreme Court of Colorado. Decided January 17, 1995 Original Proceeding in Discipline PUBLIC CENSURE. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Michael D. Gross, Colorado Springs, Colorado, Attorney for Attorney-Respondent. EN BANC PER […]

Paul Keohane, Plaintiff-Appellee, v. Grover K. Wilkerson, Stephen Stewart, and Terri Campbell, Defendants-Appellants. No. 91CA1840Colorado Court of Appeals. Decided April 8, 1993. Rehearing Denied May 13, 1993. Certiorari pending 06/22/93 (93SC382). Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge Page 292 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(515 P.2d 1129) In the Interest of Pauline M. Nelson, a/k/a Maggie Pauline Nelson No. 26137Supreme Court of Colorado. Decided November 12, 1973. From probate court’s denial of petition to adjudicate her as competent to drive a car petitioner appealed. Reversed 1. MENTAL HEALTH — Adjudication — Competency — Restoration — Hearing — Court — […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of J.C.P., Juvenile-Appellant. No. 05CA1955.Colorado Court of Appeals. November 16, 2006. Appeal from the District Court, Jefferson County, James D. Zimmerman, J. Page 636 John W. Suthers, Attorney General, Alexander C. Reinhardt, Assistant Attorney General, Denver, Colorado, for Petitioner-Appellee. Douglas K. Wilson, Colorado State […]

The People of the State of Colorado, Complainant, v. John Sherwood Dunsmoor, Attorney-Respondent. No. 91SA50Supreme Court of Colorado. Decided March 18, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Sandra J. Pfaff, Assistant Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. John Sherwood Dunsmoor, Pro Se Attorney-Respondent. EN BANC PER CURIAM [1] […]

(614 P.2d 910) Jose S. C. Salazar and Virginia S. Salazar, individually and as parents of Randolph M. Salazar, a minor, Juan D. Salazar, a minor, and Kenneth L. Salazar, a minor; Randolph M. Salazar, by and through his next friend, Jose S. C. Salazar; Juan D. Salazar, by and through his next friend, Jose […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Francis Huckleberry, Defendant-Appellant. No. 84CA1274Colorado Court of Appeals. Decided December 4, 1986. Rehearings Denied December 31, 1986. Certiorari Granted People May 26, 1987 (87SC49). Certiorari Denied Huckleberry May 26, 1987 (87SC49). Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge […]

(258 P.2d 766) TOWER THEATRE CO. v. CONTINENTAL CONSTRUCTION CO. No. 16,953.Supreme Court of Colorado. Decided June 1, 1953. An action to recover a balance of money alleged to be due under a contract. Judgment of dismissal. PER CURIAM. Judgment affirmed en banc without written opinion, MR. JUSTICE ALTER not participating. Error to the District […]

(324 P.2d 1043) ERNEST G. HARVEY v. LORETHA BRADEN. No. 18,221.Supreme Court of Colorado. Decided May 5, 1958. Action for damages for personal injuries resulting from fall in restaurant. Judgment for plaintiff. Affirmed. 1. INNKEEPERS — Injury to Customer — Trial — Instructions — Jury Question. In an action by a patron of a restaurant […]

Ralph L. ARCHULETA, Plaintiff-Appellant, v. Theodore GOMEZ, Defendant-Appellee. No. 04CA2231.Colorado Court of Appeals. May 4, 2006. Appeal from the District Court, Huerfano County, No. 03CV2, Claude W. Appel, J. Page 282 Max I. Exline, Pueblo, Colorado, for Plaintiff-Appellant. Page 283 MacDougall, Woldridge Worley, P.C., Henry D. Worley, Colorado Springs, Colorado, for Defendant-Appellee. CARPARELLI, J. Plaintiff, […]

(218 P.2d 1057) B. J. SHELTON COMPANY v. THEO. MUCKLE ENGINEERING COMPANY ET AL. No. 16,276.Supreme Court of Colorado. Decided April 3, 1950. Rehearing denied May 22, 1950. An action to recover the purchase price of motors allegedly ordered from plaintiff by defendant, which the latter refused to receive and pay for. Judgment of dismissal. […]

A GOOD TIME RENTAL, LLC, a California limited liability company; Noble Petroleum, LLC, a California limited liability company; and Arugula Investment, LLC, a California limited liability company, Plaintiffs-Appellants, v. FIRST AMERICAN TITLE AGENCY, INC., d/b/a First American Heritage Title Company, Inc., a Colorado corporation, Defendant-Appellee. No. 10CA0362.Colorado Court of Appeals. June 9, 2011. Appeal from […]

(320 P.2d 342) THOMAS MITCHELL v. PEOPLE OF THE STATE OF COLORADO. No. 18,209.Supreme Court of Colorado. Decided January 13, 1958. Defendant was convicted of burglary and of previous felony convictions under the Habitual Criminal Act. Affirmed. 1. CRIMINAL LAW — Habitual Criminal Act — Defendant as Witness — Cross-Examination — Previous Convictions. In a […]

J.J. Trainor and Leroy D. Michael, Plaintiffs-Appellants, v. The City of Wheat Ridge, Colorado, a municipal corporation; The City Council of Wheat Ridge, Colorado; and Pat Aiello, Will Burt, Kent Davis, Clyde E. Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow, as members of the City Council of the City of Wheat Ridge, […]

The People of the State of Colorado, Petitioner-Appellee, v. In the Interest of M.H., a Child, and Concerning S.H., Respondent-Appellant. No. 2153Colorado Court of Appeals. August 3, 2000 Appeal from the District Court of Weld County, Honorable J. Robert Lowenbach, Judge, No. 98JV223. JUDGMENT AFFIRMED Page 714 Bruce T. Barker, County Attorney, Linda L. Goff, […]

Richard Brennan, individually and on behalf of Joshua Brennan, a minor; Brenda Brennan, individually and on behalf of Joshua Brennan, a minor; and Joshua Brennan, a minor, Plaintiffs-Appellants and Cross-Appellees, v. Farmers Alliance Mutual Insurance Company, Defendant-Appellee and Cross-Appellant. No. 96CA1807Colorado Court of Appeals. January 8, 1998 Petition for Rehearing DENIED February 5, 1998 Certiorari […]

COLORADO EDUCATION ASSOCIATION and Poudre Education Association, Petitioners v. Wayne RUTT and Paul Marrick, Respondents. No. 06SC559.Supreme Court of Colorado. May 19, 2008. Rehearing Denied June 2, 2008. Page 66 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 67 [EDITORS’ NOTE: THIS […]

The People of the State of Colorado, Plaintiff-Appellant, v. Chester Thomas Davis, Defendant-Appellee. No. 95SA36Supreme Court of Colorado. Decided September 25, 1995 Interlocutory Appeal from the District Court, Pueblo County Honorable C. Dennis Maes, Judge RULING AFFIRMED Page 2 G.F. Sandstrom, District Attorney, Tenth Judicial District, M. Katherine Howard, Deputy District Attorney, Pueblo, Colorado, Attorneys […]

183 P.2d 262 GOFF v. PLAINS SECURITIES CORPORATION. No. 15,357.Supreme Court of Colorado. Decided June 2, 1947. An action for money had and received. Judgment for defendant. Affirmed. 1. LIMITATION OF ACTIONS — Six-year Statute. The six-year statute of limitations applies in a law case for money had and received. In the instant case, under […]

Clyde Edwin Pruett, Petitioner-Appellant, v. Bernard Barry, Sheriff of El Paso County, Colorado, Respondent-Appellee. No. 84SA75Supreme Court of Colorado. Decided March 11, 1985. Rehearing Denied April 1, 1985. Appeal from the District Court, County of El Paso Honorable Bernard R. Baker, Judge Page 790 J. Gregory Walta, for Petitioner-Appellant. Duane Woodard, Attorney General, Charles B. […]

Visintainer Sheep Co., Plaintiff-Appellant, v. Centennial Gold Corporation, a Colorado corporation, and Orin J. Farnsworth, Jacqueline Farnsworth, Farnsworth Trust #1, Farnsworth Trust #2, Orvie Zimmerman, Jr., Margie Zimmerman and Mary P. Zimmerman, Defendants-Appellees. No. 86CA1032Colorado Court of Appeals. Decided November 19, 1987. Appeal from the District Court of Moffat County Honorable Claus J. Hume, Judge […]

The PEOPLE of the State of Colorado, Petitioner, v. Vernon L. VANREES, Respondent. No. 03SC290.Supreme Court of Colorado. December 19, 2005.[*] [*] Prior opinion announced Oct. 3, 2005, Withdrawn. Petition for Rehearing Denied. Justice COATS does not participate. Appeal from the District Court, City and County of Denver, Shelley I. Gilman, J. Page 404 John […]

(460 P.2d 801) John M. Calerich v. The Cudahy Packing Company, a Maine corporation. No. 22377.Supreme Court of Colorado. Decided November 3, 1969. Rehearing denied November 24, 1969. Action by plaintiff, a whole sale distributor of meats, for damages arising out of a back injury sustained by him when he was struck by a door […]

People of the State of Colorado, Plaintiff-Appellant v. Christina Ortega, Defendant-Appellee. No. 01SA70Supreme Court of Colorado. October 1, 2001 Interlocutory Appeal from the Mesa County District Court Case No. 00CR644 Honorable Charles A. Buss, Judge ORDER REVERSED Page 987 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Carroll Felgar, Defendant-Appellant. No. 00CA1760Colorado Court of Appeals. Division III July 5, 2002 Rehearing Denied October 24, 2002. Weld County District Court No. 99CR1333; Honorable Jonathan W. Hays, Judge. JUDGMENT AFFIRMED IN PART, REVERSED IN PART Page 1123 Ken Salazar, Attorney General, Peter J. Cannici, Assistant […]

The People of the State of Colorado, Plaintiff-Appellee, v. Nicholas J. Jones, Defendant-Appellant. No. 81CA0266Colorado Court of Appeals. Decided September 8, 1983. Rehearing Denied October 20, 1983. Certiorari Granted February 14, 1984 (83SC401 83SC414). Appeal from the District Court of Mesa County Honorable James J. Carter, Judge Page 384 J.D. MacFarlane, Attorney General, Charles B. […]

187 P.2d 587 HOUSE v. SMITH, ADMINISTRATOR OF THE ESTATE OF SKWLAKIS. No. 15,807.Supreme Court of Colorado. Decided November 10, 1947. Rehearing denied December 8, 1947. An action to set aside a deed. Judgment for plaintiff. Affirmed. 1. TRIAL — Witnesses — Testimony. Although a witness is not directly contradicted by another, it does not […]

Patsy MONTOYA, Plaintiff-Appellee, v. TRINIDAD STATE NURSING HOME, Defendant-Appellant. No. 04CA0824.Colorado Court of Appeals. Division II. February 10, 2005. Page 1052 Phil C. Pearson, M.D., J.D., Rick A. Carmickle, Denver, Colorado, for Plaintiff-Appellee. John W. Suthers, Attorney General, Patrick L. Sayas, Assistant Attorney General, Denver, Colorado, for Defendant-Appellant. TAUBMAN, J. Defendant, Trinidad State Nursing Home, […]

25 P.2d 721 CONSOLIDATED TRUCK COMPANY ET AL. v. JONES. No. 12,875.Supreme Court of Colorado. Decided September 25, 1933. Action for damages growing out of an automobile collision. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Instructions — Requests. A requested instruction which is in some particulars cumulative and superfluous and in others irrelevant and immaterial, […]

Marjorie Rains, Plaintiff-Appellant, v. Foundation Health Systems Life Health, f/k/a QualMed, Defendant-Appellee. No. 99CA2398Colorado Court of Appeals. March 29, 2001 City and County of Denver District Court No. 98CV6851; Honorable Morris B. Hoffman, Judge JUDGMENT AFFIRMED Division I Metzger and Dailey, JJ., concur Page 1250 [1] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

People v. Gifford. No. 03PDJ006.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. September 3, 2003. [1] The Hearing Board disbarred Respondent Glenda Dodd Gifford, attorney registration number 26058 from the practice of law in the State of Colorado following a sanctions hearing. This disciplinary matter arose from Gifford’s handling of three […]

(229 P.2d 665) PEOPLE EX REL. v. HEALD. No. 16,364.Supreme Court of Colorado. Decided April 2, 1951. Proceedings in disbarment of an attorney at law. Respondent suspended from the practice of the law. 1. ATTORNEYS AT LAW — Moral Turpitude — Disbarment. Respondent having been convicted of offenses against the United States, which involved moral […]

Bradley Scott SEREFF, individually and as personal representative of the Estate of Jennifer Sereff; Elliott Sereff, through his guardian, father, and next friend, Bradley Scott Sereff; and Skylar Sereff, through her guardian, father, and next friend, Bradley Scott Sereff, Plaintiffs-Appellants, v. David W. STEEDLE, MD; Neil Waldman, MD; City County of Denver; and Denver General […]

(283 P.2d 164) RAY W. WEIDENHAFT, ET AL. v. BOARD OF COUNTY COMMISSIONERS OF EL PASO COUNTY, ET AL. No. 17,399.Supreme Court of Colorado. Decided May 2, 1955. Rehearing denied May 23, 1955. Action to recover the amount of taxes claimed to have been illegally assessed and paid under protest. Judgment for defendants. Affirmed. 1. […]

(492 P.2d 852) Louis Arnold Lafeve v. The People of the State of Colorado No. 23837Supreme Court of Colorado. Decided January 17, 1972. Defendant was convicted of second degree burglary and theft and brought error. Affirmed 1. ARREST — Substance — Hair — Comparable — Acoustical Tile — Burglarized Pharmacy — Items — Tools — […]

(607 P.2d 984) City and County of Denver, Stanley Baker and Stephen Barnhill v. The District Court for the Second Judicial District of Colorado, and The Honorable James C. Flanigan, one of the Judges thereof; J. B. McGhee and Jully Mae Simmons, and J. B. McGhee and Jully Mae Simmons v. The District Court for […]

OPEX COMMUNICATIONS, INC., Petitioner-Appellant, v. PROPERTY TAX ADMINISTRATOR, Respondent-Appellee, and Colorado State Board of Assessment Appeals, Appellee. No. 05CA1774.Colorado Court of Appeals. May 17, 2007. Page 226 Robinson Waters O’Dorisio, P.C., Richard D. Judd, Kimberly A. Bruetsch, Denver, Colorado, for Petitioner-Appellant. John W. Suthers, Attorney General, Robert H. Dodd, Jr., Assistant Attorney General, Denver, Colorado, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Gregory Mark Kluhsman, Defendant-Appellee. No. 98SA417Supreme Court of Colorado. March 29, 1999 Interlocutory Appeal from District Court, Adams County, Honorable Harlan R. Bockman, Judge. Page 530 ORDER REVERSED AND CASE REMANDED Page 531 Robert S. Grant, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy […]

Steven Hartley, Complainant-Appellant, v. Department of Corrections, Division of Correctional Services, Respondent-Appellee, and Colorado State Personnel Board, Appellee. No. 96CA0183Colorado Court of Appeals. April 17, 1997 Appeal from the Colorado State Personnel Board No. 95B33 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Frank Finger, P.C., William S. Finger, Terrence P. Murray, Evergreen, Colorado, for Complainant-Appellant. […]

Corporate Finance Associates Paducah, Inc., Plaintiff-Appellee, v. Thomas Rathbone, Donald Pinkal, John Buzenberg, Defendants-Appellants. No. 82CA0246Colorado Court of Appeals. Decided March 29, 1984. Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Page 860 W. Bruce Kopper, for plaintiff-appellee. Richard M. Stevenson, for defendants-appellants. Division II. Opinion by JUDGE SMITH. […]

(594 P.2d 566) Colorado River Water Conservation District v. Vidler Tunnel Water Company, Applicant, State of Colorado, Department of Natural Resources and Lee Enewold, Division Engineer, Water Division No. 5 No. 27968Supreme Court of Colorado. Decided April 23, 1979. Rehearing denied June 4, 1979. The appellant Colorado River Water Conservation District sought reversal of the […]

(554 P.2d 1096) The People of the State of Colorado v. Joseph A. Concialdi No. 26574Supreme Court of Colorado. Decided September 27, 1976. Defendant was convicted of purloining records and conspiracy and appealed. Affirmed 1. RECORDS — Purloining — Conspiracy — Destruction — Traffic Citations — Evidence. Evidence supports defendant’s conviction for conspiracy and purloining […]

In re the MARRIAGE OF Karen Lee ROSE, Appellee, and James L. Rose, Appellant. No. 04CA2160.Colorado Court of Appeals. March 9, 2006. Appeal from the District Court, Garfield County, James B. Boyd, J. Page 560 Hunnicutt Appleman, P.C., William L. Hunnicutt, Robert E. Lanham, Denver, Colorado, for Appellee. Elaine G. Edinburg, P.C., Elaine G. Edinburg, […]

(330 P.2d 539) ROBERT MICHAEL MARKIEWICZ, ET AL. v. WILLIAM A. BLACK AS JUDGE OF THE DISTRICT COURT, ETC. No. 18,790.Supreme Court of Colorado. Decided October 14, 1958. Original proceeding in the nature of prohibition to restrain prosecution of criminal offense on the ground of former jeopardy. Rule to show cause issued. Rule Made Absolute. […]

Martha A. Churchill, Petitioner, v. Sears, Roebuck Company, and The Industrial Commission of the State of Colorado, Respondents. No. 85CA0744Colorado Court of Appeals. Decided April 17, 1986. Review of Order from the Industrial Commission of the State of Colorado Page 172 Jack Kintzele, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

(380 P.2d 556) WALTER J. GOLTL, ET AL., v. ROBERT G. CUMMINGS, ET AL. No. 19,932.Supreme Court of Colorado. Decided April 1, 1963. Rehearing denied April 22, 1963. Action for specific performance of option to purchase real property and to enforce stipulation of settlement made in open court. Judgment for plaintiffs. Affirmed. 1. COMPROMISE AND […]

The People of the State of Colorado, Plaintiff-Appellee, v. Andrew Talley, Defendant-Appellant. No. 89CA0694Colorado Court of Appeals. Decided August 15, 1991. Rehearing Denied September 26, 1991. Certiorari Denied February 3, 1992 (91SC644). Page 66 Appeal from the District Court of the City and County of Denver Honorable Paul A. Markson, Jr., Judge. Gale Norton, Attorney […]

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. MRS. CONDIES SALAD COMPANY, INC., a Colorado corporation, Defendant-Appellee. No. 04CA2343.Colorado Court of Appeals. March 9, 2006. Rehearing Denied May 4, 2006. Certiorari Denied September 11, 2006. Appeal from the District Court, Jefferson County, R. Brooke Jackson, J. Page 924 Zupkus Angell, P.C., Robert A. Zupkus, Richard L. Angell, […]

(622 P.2d 579) The People of the State of Colorado v. John L. Aragon No. 79CA0395Colorado Court of Appeals. Decided August 7, 1980. Rehearing denied September 4, 1980. Certiorari granted December 22, 1980. Defendant appealed from the judgment of the trial court denying his post-conviction motion to vacate a conviction for manslaughter. Reversed 1. CRIMINAL […]

The People of the State of Colorado, Plaintiff-Appellee, v. Vincent A. Wilson, Defendant-Appellant. No. 84CA1268Colorado Court of Appeals. Decided November 29, 1985. Rehearing Denied December 26, 1985. Certiorari Granted Wilson April 14, 1986 (86SC29). Appeal from the District Court of the City and County of Denver Honorable James C. Flanigan, Judge Duane Woodard, Attorney General, […]

(239 P.2d 706) IN THE MATTER OF THE PEOPLE IN THE INTEREST OF KATHLEEN ANN MURLEY. No. 16,554.Supreme Court of Colorado. Decided December 24, 1951. Plaintiff in error was adjudged guilty of contempt of court. Reversed. 1. CONTEMPT — Types. Under a pertinent Colorado rule of civil procedure, the courts recognize two types of civil […]

Charles H. BEDARD, M.D., Plaintiff-Appellant, v. Jerry MARTIN and Madelyn E. Martin, f/k/a Madelyn E. DeHoff, Defendants-Appellees. No. 03CA0813.Colorado Court of Appeals. Division V. September 9, 2004. Appeal from the District Court, No. 00CV76, Scott B. Epstein, J. Page 585 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

(492 P.2d 619) Colorado Racing Commission and F. Richard Hite, B. T. Poxson, and Don C. Collins, individually and as members of the Colorado Racing Commission v. Eugene Louis Smaldone No. 24299Supreme Court of Colorado. Decided January 10, 1972. From judgment of the district court which reversed a directive of the Colorado Racing Commission barring […]

The People of the State of Colorado, Plaintiff-Appellee, v. Eric James, Defendant-Appellant. No. 99CA0568Colorado Court of Appeals. April 26, 2001 Certiorari Denied January 22, 2002 City and County of Denver District Court No. 97CR4116, Honorable Federico C. Alvarez, Judge. Page 37 JUDGMENT AFFIRMED Page 38 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

The People of the State of Colorado, Plaintiff-Appellee, v. Stephen M. Meyer, Defendant-Appellant. No. 95CA0808Colorado Court of Appeals. July 10, 1997 Petitions for Rehearing DENIED August 14, 1997 Petition and Cross-Petition for Writ of Certiorari DENIED February 23, 1998 Appeal from the District Court of Douglas County, Honorable Thomas J. Curry, Judge, No. 93CR186 JUDGMENT […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Jay McKibben, Defendant-Appellant. No. 91CA1787Colorado Court of Appeals. Decided April 22, 1993. Rehearing Denied June 10, 1993. Certiorari extension pending 07/22/93 (93SC441). Appeal from the District Court of Eagle County Honorable Richard H. Hart, Judge Page 992 Gale A. Norton, Attorney General, Raymond T. Slaughter, […]

(336 P.2d 93) JAMES P. THOMPSON, ET AL v. PEOPLE OF THE STATE OF COLORADO. No. 18,408.Supreme Court of Colorado. Decided March 2, 1959. Defendants were convicted of robbery and bring error. Affirmed. 1. CRIMINAL LAW — Trial — Counsel — Representation. Defendants who were ably represented by associate counsel on their trial and made […]

(343 P.2d 830) PETER J. FEDERICO v. UNIVERSAL C.I.T. CREDIT CORPORATION. No. 18,288.Supreme Court of Colorado. Decided August 10, 1959. Rehearing denied September 21, 1959. Replevin action for possession of mortgaged automobile. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Title — Mortgage — Statute — Effect. C.R.S. ’53, 13-6-7, providing that a certificate of title […]

RHINO FUND, LLLP, Third-Party Plaintiff-Appellee, v. Michael W. HUTCHINS, Third-Party Defendant-Appellant. No. 06CA1172.Colorado Court of Appeals. June 26, 2008. As Modified on Denial of Rehearing December 24, 2008. Certiorari Dismissed March 17, 2009. Appeal from the Jefferson County District Court, Stephen M. Munsinger, J. Page 1187 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

(271 P.2d 1055) LEWIS v. OLIVER. No. 17,080Supreme Court of Colorado. Decided June 14, 1954. Rehearing denied July 6, 1954. An action for damages for the death of plaintiff’s son resulting from an automobile accident. Judgment for plaintiff. Reversed. 1. AUTOMOBILES — Guest Statute — Accidents. “For recovery under this [guest] statute, at least one […]

John A. Harrison, Petitioner, v. Industrial Commission of the State of Colorado; Director, Department of Labor and Employment, Division of Labor, State of Colorado; Willett Dairy Farm Cattle Company; and State Compensation Insurance Fund, Respondents. No. 86SC445Supreme Court of Colorado. Decided February 16, 1988. Rehearing Denied March 7, 1988. Certiorari to the Colorado Court of […]

60 P.2d 1087 CITY OF ALAMOSA v. JOHNSON. No. 13,749.Supreme Court of Colorado. Decided June 29, 1936. Rehearing denied September 21, 1936. Action against a city for damages for personal injuries sustained by a fall on an icy sidewalk. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. MUNICIPAL CORPORATIONS — Negligence — Icy Sidewalks. […]