Category: Colorado Court Opinions

Archie and Virginia Calvaresi, Ronald and Chieko Campbell, Birthe N. Clark, Ronald A. Garcia, Marsha L. Blake and Ernest J. Glavaz, Norman N. Griffin, George L. and Arletta Grove, Warren E. and Etta J. Hanson, Alfred and Gisela Hoeger, Chester W. and Doris A. Hollis, John and June Maguire, Ida F. Mohr, Lawrence, Diana, Gerald […]

Submission of interrogatories on Senate Bill 93-74 No. 93SA68Supreme Court of Colorado. Decided May 6, 1993. Original Proceeding Pursuant to Article VI, Section 3 of the Constitution of the State of Colorado Page 2 David W. Broadwell, Colorado Municipal League; Thomas J. Lyons, Colorado Counties, Inc.; J. Evan Goulding, Special District Association of Colorado, for […]

Food Brokers, Inc., a Colorado corporation, Plaintiff-Appellee, v. The Great Western Sugar Company, a Delaware corporation, Defendant-Appellant. No. 83CA0485Colorado Court of Appeals. Decided March 22, 1984. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Stuart G. Barr, P.C., Stuart G. Barr, for plaintiff-appellee. Kelly, Haglund, Garnsey Kahn, […]

132 P.2d 968 LOVELAND BRICK AND TILE CLAY PRODUCT COMPANY ET AL. v. WILD ET AL. No. 14,909.Supreme Court of Colorado. Decided December 14, 1942. Rehearing denied January 11, 1943. A suit to quiet title. Judgment for plaintiff. Affirmed. 1. LANDLORD AND TENANT — Lease — Forfeiture. The delay in performance on the part of […]

(475 P.2d 702) The People of the State of Colorado v. Thomas James Bueno. No. 24775.Supreme Court of Colorado. Decided October 26, 1970. Interlocutory appeal brought by defendant from trial court ruling denying his motion to suppress as evidence one gold ring in connection with a pending burglary charge. Ruling Reversed. 1. SEARCHES AND SEIZURES […]

David J. Paul v. Industrial Commission of the State of Colorado and F.A. Heckendorf, Inc., No. 80CA0737Colorado Court of Appeals. Decided May 14, 1981. Rehearing denied June 11, 1981. Appeal from the Industrial Commission of the State of Colorado Geoffrey deWolfe, Carol Glowinsky, for petitioner. J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, […]

Frank M. Hall Company, Plaintiff-Appellant, v. Southwest Properties Venture, Defendant-Appellee. No. 85CA0819Colorado Court of Appeals. Decided October 8, 1987. Prior Opinion Announced August 6, 1987, Withdrawn. Petition for Rehearing Granted October 8, 1987. Rehearing Denied November 5, 1987. Certiorari Denied April 11, 1988 (87SC454). Appeal from the District Court of Jefferson County Honorable Michael C. […]

Frank P. Blazis, Plaintiff-Appellee and Cross-Appellant, v. Robert Orlinski, Defendant-Appellant and Cross-Appellee. No. 86CA0263Colorado Court of Appeals. Decided April 16, 1987. Appeal from the District Court of Pueblo County Honorable Richard D. Robb, Judge Thomas E. Jagger, Thomas J. Florczak, for Plaintiff-Appellee and Cross-Appellant. R. Allan Glover, for Defendant-Appellant and Cross-Appellee. Division IV. Opinion by […]

Mid-States Sales Company, Inc., Plaintiff-Appellant and Cross-Appellee, v. Mountain Empire Dairymen’s Association, Inc., Defendant-Appellee and Cross-Appellant. No. 85CA1261Colorado Court of Appeals. Decided June 18, 1987. Page 343 Appeal from the District Court of the City and County of Denver Honorable Sandra I. Rothenberg, Judge Hellerstein, Hellerstein and Shore, P.C., Christian Carl Onsager, Gwen S. Anderson, […]

Leo Wotan, Petitioner, v. The People of the State of Colorado, Respondent. No. 00PDJ018.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. October 30, 2000. OPINION AND ORDER REINSTATING LEO WOTAN’S LICENSE TO PRACTICE LAW [1] ATTORNEY REINSTATED [2] This reinstatement matter was heard on June 29, 2000, pursuant to C.R.C.P. 251.29 […]

The People of the State of Colorado, Complainant, v. Craig William Mercer, Respondent. No. 00PDJ009.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. May 25, 2001. Page 599 [1] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 600 OPINION […]

(358 P.2d 31) CLINTON NITZEL AND DORIS JANE NITZEL v. COLORADO INDUSTRIAL BANK, ET AL. No. 18,841.Supreme Court of Colorado. Decided December 30, 1960. Action for damages resulting from unsatisfactory work. Judgment for counterclaimant. Affirmed in Part, Reversed in Part. 1. BILLS AND NOTES — Holder in Due Course — Recovery — Parties. In an […]

8 P.2d 1095 SALIBA v. REED ELECTRIC COMPANY. No. 12,995.Supreme Court of Colorado. Decided February 15, 1932. Rehearing denied March 14, 1932. Action for damages for breach of contract. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. SALES — Trade Fixtures — Statute of Frauds. The fact that an article sold by one to […]

Seracuse Lawler Partners, Inc., a Colorado corporation, Marvin Hatami and Associates, Brady Corporation, a Colorado corporation, as Individuals, and doing business as Design Build Joint Venture Team, a Colorado joint venture, Plaintiffs-Appellees and Cross-Appellants, v. Copper Mountain, a Colorado limited partnership, Copper Mountain, Inc., a Delaware corporation, Defendants-Appellants and Cross-Appellees, and Broker House Development Corporation, […]

Aetna Casualty Surety Company, Plaintiff-Appellant, v. Canam Steel Corporation, a Delaware corporation, and Richard Weingardt Consultants, Inc., a Colorado corporation, Defendants-Appellees. No. 89CA0115Colorado Court of Appeals. Decided March 29, 1990. Opinion Modified, and as Modified Rehearing Denied June 8, 1990. Appeal from the District Court of the City and County of Denver Honorable Daniel B. […]

ALLIANCE FOR COLORADO’S FAMILIES, a Colorado unincorporated non-profit association, Petitioner-Appellant and Cross-Appellee v. Leland GILBERT, Respondent-Appellee and Cross-Appellant and Division of Administrative Hearings, Appellee and Colorado Secretary of State, Intervenor-Appellee. No. 05CA2137.Colorado Court of Appeals. November 1, 2007. Page 965 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

(543 P.2d 538) SCA Services, Inc., a Delaware corporation, and SCA Services of Colorado, Inc., a Colorado corporation v. Alex Gerlach, Helen Gerlach, Bruce Gerlach, Fred Gerlach d/b/a Fritz Gerlach Rubbish Removal, James Bowman, and other persons whose names and addresses are unknown, acting in concert with Alex Gerlach and Bruce Gerlach No. 75-116Colorado Court […]

(255 P.2d 405) SECURITY BUILDING COMPANY v. LEWIS. No. 16,884.Supreme Court of Colorado. Decided February 24, 1953. Rehearing denied March 24, 1953. An action for damages for personal injuries sustained by plaintiff as a result of falling on a stairway in defendant’s building. Judgment for plaintiff. Reserved. 1. APPEAL AND ERROR — Practice and Procedure […]

(570 P.2d 243) The Community Hospital Association v. District Court in and for the County of Boulder, State of Colorado, The Honorable Richard W. Dana, District Court Judge and Esther R. Cortez No. 27719Supreme Court of Colorado. Decided September 26, 1977. Rehearing denied October 31, 1977. Original proceeding in which supreme court was asked to […]

(339 P.2d 993) BETHEL E. BROOKE, JR. v. PEOPLE OF THE STATE OF COLORADO. No. 18,638.Supreme Court of Colorado. Decided June 1, 1959. Defendant was convicted of murder and sentenced to life imprisonment. Reversed. 1. HOMICIDE — Evidence — Paraffin Test — Admissibility. Where the deceased came to her death by a gunshot wound and […]

The People of the State of Colorado, Plaintiff-Appellant, v. Troy Roger Cagle, Defendant-Appellee. No. 84SA50Supreme Court of Colorado. Decided September 24, 1984. Interlocutory Appeal from the District Court of Arapahoe County Honorable Charles A. Friedman, Judge Page 719 Robert R. Gallagher, Jr., District Attorney, Catherine DiSante, Deputy District Attorney, for Plaintiff-Appellant. Bruce B. Lassman, Lassman […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Aaron Bradley HOLT, Defendant Appellee. No. 10SA6.Supreme Court of Colorado. June 21, 2010. Appeal from the District Court, El Paso County, Gilbert Martinez, J. Page 1195 Daniel H. May, District Attorney, Fourth Judicial District, Donna Billek, Senior Deputy District Attorney, Doyle Baker, Deputy District Attorney, Colorado […]

(601 P.2d 639) Michael DuHamel v. People of the State of Colorado ex rel. The City of Arvada, a municipal corporation, and the Municipal Court in and for the City of Arvada, State of Colorado No. 78-976Colorado Court of Appeals. Decided May 31, 1979. Rehearing denied June 21, 1979. Certiorari denied October 22, 1979. City […]

Carol Koscove, Plaintiff-Appellee, v. Richard Bolte, Defendant-Appellant. No. 98CA1099Colorado Court of Appeals. February 15, 2001 Certiorari Granted August 20, 2001[*] [*] Justice KOULIS would also grant as to the following issue: Whether a Colorado state court has jurisdiction to hear a claim of unauthorized practice of law, when the alleged conduct took place solely within […]

The People of the State of Colorado, Plaintiff-Appellee, v. Roy Robert Rios, Defendant-Appellant. No. 99CA2083.Colorado Court of Appeals. December 20, 2001. Certiorari Denied April 8, 2002 City and County of Denver District Court No. 98CR2048. Honorable Gaspar F. Perricone, Judge. JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS Division V Kapelke and Casebolt, JJ., […]

Gregg Richards, Petitioner, v. Division of Employment and Training and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 89CA1570Colorado Court of Appeals. Decided October 25, 1990. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 23 Martin, McAllister Murphy, P.C., Barry Boughman, for Petitioner. Duane […]

The PEOPLE of the State of Colorado, Complainant v. Timothy John MARTIN, Respondent. Nos. 08PDJ063, 08PDJ094.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. July 1, 2009. Page 729 Attorney Regulation. Following a default sanctions hearing pursuant to C.R.C.P. 251.5(b), the Presiding Disciplinary Judge disbarred Timothy John Martin (Attorney […]

81 P.2d 381 HOPPAL v. THE PEOPLE. No. 14,346.Supreme Court of Colorado. Decided June 27, 1938. Plaintiff in error was convicted of the crime of forcible rape. Reversed. 1. CRIMINAL LAW — Rape — Degrees. Under Colorado statutes concerning rape, if both participants are under the age of eighteen years, unless the facts bring the […]

Kenneth Fagerberg, David J. Fagerberg, Jr., Richard C. Fagerberg, Lynn Fagerberg, Rhinie Brunner, Plaintiffs-Appellees, and Brancucci Produce Company, Inc., a Colorado Funding Company d/b/a Brancucci Produce Company, Plaintiffs and Cross-Appellants, v. George H. Webb and Dessert Seed Company, Inc., Defendants-Appellants and Cross-Appellees. No. 80CA1142Colorado Court of Appeals. Decided June 30, 1983. Rehearing Denied October 27, […]

(401 P.2d 830) RAUL LEOPOLDO CRUZ v. THE PEOPLE OF THE STATE OF COLORADO. No. 19578.Supreme Court of Colorado. Decided May 10, 1965. Defendant was convicted of robbery and conspiracy to commit robbery and brings error. Judgment Reaffirmed. 1. CRIMINAL LAW — Appointment of Counsel — Examination of Record — Report — Reaffirmance. Where trial […]

LINCOLN GENERAL INSURANCE COMPANY, a Pennsylvania insurance company, Plaintiff-Appellee, v. Julie BAILEY, individually, and as personal representative for the Estate of Brandon Magnuson, Defendant-Appellant. No. 08CA0371.Colorado Court of Appeals. May 14, 2009. Appeal from the District Court, City and County of Denver, Robert S. Hyatt, J. Page 337 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

(515 P.2d 627) The Dillon Companies, Inc., d/b/a King Soopers, a Kansas Corporation, duly authorized to do business in the State of Colorado, George W. Coel and Margaret Coel v. The City of Boulder, Colorado, a Colorado Municipal Corporation, the City Council of the City of Boulder, and the members thereof to-wit: James M. Bowers, […]

CMCB ENTERPRISES, INC., Plaintiff-Appellee, v. William E. FERGUSON, Craig Camozzi, and Basic Food Group, Inc., Defendants-Appellants. No. 03CA1378.Colorado Court of Appeals. Div. I. February 24, 2005. Certiorari Denied June 27, 2005. Page 91 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 92 […]

21 P.2d 709 COLLINS v. THURINGER ET AL. No. 12,815.Supreme Court of Colorado. Decided April 17, 1933. Action involving question of priority between an attorney’s lien and a garnishment. Garnishment held superior by trial court. Reversed. 1. ATTORNEY AND CLIENT — Lien. An attorney who obtains a judgment for his client has a lien on […]

Morning Fresh Farms, Inc., Petitioner-Appellant, v. Weld County Board of Equalization, Weld County Assessor, and Colorado Board of Assessment Appeals, Respondents-Appellees. No. 89CA0457Colorado Court of Appeals. Decided March 22, 1990. Rehearing Denied April 19, 1990. Certiorari Denied July 23, 1990 (90SC296). Appeal from the Board of Assessment Appeals of the City and County of Denver […]

The PEOPLE of the State of Colorado, Petitioner, In the INTEREST OF Minor Children A.J.L., aka AJ.C; A.K.M.H.; and Q.D.J.W.; and Concerning A.P.L., Respondent. No. 09SC1036.Supreme Court of Colorado. November 30, 2010. Rehearing Denied December 20, 2010.[*] [*] Justice Marquez does not participate. Appeal from the District Court, Clear Creek County. Page 245 [EDITORS’ NOTE: […]

(494 P.2d 822) Edward Lee Hutton v. The People of the State of Colorado No. 24574Supreme Court of Colorado. Decided March 20, 1972. Defendant was convicted of burglary in the second degree and brought error. Reversed 1. BURGLARY — Assumption — Man — Entry — Office — Before — Secretary — Defendant — Conviction — […]

Petitioner: The PEOPLE of the State of Colorado v. Respondent: Ronald D. SIMONDS. No. 04SC53.Supreme Court of Colorado. En Banc. June 13, 2005. Appeal from the District Court, Boulder County, Carol Glowinsky, J. John W. Suthers, Attorney General, Anthony J. Navarro, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, for Petitioner. Jean E. Dubofsky, […]

Bruce PLATT, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 07SC573.Supreme Court of Colorado. February 9, 2009. Rehearing Denied February 17, 2009.[*] [*] Justice Hobbs, Justice Martinez and Justice Bender would grant the Petition. Page 546 John W. Suthers, Attorney General, Katharine J. Gillespie, Assistant Attorney General, Denver, Colorado, Attorneys for Respondent. […]

27 P.2d 493 PEOPLE EX REL. SANDERS v. HENDRICK. No. 13,355.Supreme Court of Colorado. Decided November 6, 1933. Rehearing denied November 27, 1933. Proceeding in quo warranto involving office of city attorney. Judgment of dismissal. Affirmed. On Application for Supersedeas. 1. STATUTES — Repeal. Repeal of a repealing act does not revive the provisions of […]

The People of the State of Colorado, Petitioner, v. Tristan Toler, Respondent. No. 98SC858Supreme Court of Colorado. September 11, 2000 Certiorari to the Colorado Court of Appeals Page 342 JUDGMENT AFFIRMED Page 343 Ken Salazar, Attorney General, John J. Fuerst III, Assistant Attorney General, Appellate Division, Denver, Colorado, Attorneys for Petitioner. David Kaplan, Colorado State […]

(291 P.2d 1060) BILL M. TOMBERLIN v. JANE TOMBERLIN. No. 17,645.Supreme Court of Colorado. Decided January 3, 1956. Proceedings for allowance of attorney fees in divorce action and defendant brings error. Affirmed. Error to the District Court of Arapahoe County, Hon. Osmer E. Smith, Judge. Mr. RICHARD F. HITE, Mr. EARNEST S. BAKER, Mr. F.J. […]

171 P.2d 987 LANCASTER ET AL. v. BOARD OF COMMISSIONERS OF JEFFERSON COUNTY. No. 15,759.Supreme Court of Colorado. Decided August 5, 1946. A proceeding involving salaries of county officials. Judgment for defendant. Affirmed in Part. Reversed in Part. 1. PUBLIC OFFICERS — Salaries — Constitutional Law. Under the amendment of section 30, article V of […]

Clifford Carney, Gregory Cook, and Donna Starr-Gimeno, Plaintiffs-Appellees and Cross-Appellants, and Kevin Smith, Plaintiff-Appellee, v. Civil Service Commission, City and County of Denver, Colorado; Kristopher Colley, Christopher Olson, Ellen Realth, Paula Sandoval, and Edward Sullivan, its Commissioners; Paul G. Torres, its Executive Director; Tom Sanchez, Chief of Police, City and County of Denver, Colorado; Fidel […]

The People of the State of Colorado, Plaintiff-Appellee, v. Leo Richards, Defendant-Appellant. No. 99CA0576Colorado Court of Appeals. November 9, 2000 Certiorari Denied May 29, 2001. Appeal from the District Court of Adams County Honorable Donald W. Marshall, Jr., Judge, No. 97CR3310 JUDGMENT AFFIRMED, SENTENCE VACATED, AND CAUSE REMANDED WITH DIRECTIONS Division IV Marquez and Taubman, […]

Leila (Billy) Boom, Plaintiff-Appellee, v. Alan Charnes, as Director of the Department of Revenue; and The Motor Vehicle Division, State of Colorado, Defendants-Appellants. No. 85CA0512Colorado Court of Appeals. Decided March 5, 1987. Rehearing Denied March 26, 1987. Certiorari Granted Charnes July 13, 1987 (87SC171). Appeal from the District Court of Adams County Honorable Harlan R. […]

(380 P.2d 668) WILLIAM R. MELLER, ET AL., D/B/A E E BONDING COMPANY, v. THE MUNICIPAL COURT OF THE CITY AND COUNTY OF DENVER, ET AL. No. 20,606.Supreme Court of Colorado. Decided April 15, 1963. From dismissal of his petition for a writ of certiorari challenging jurisdiction of the Municipal Court of the City and […]

Marcello Cabus and Abby Kavanaugh, Applicants-Appellees, v. Dairyland Insurance Company, Respondent-Appellant. No. 81CA0945Colorado Court of Appeals. Decided August 26, 1982. Rehearing denied September 16, 1982. Certiorari denied December 20, 1982. Appeal from the District Court of the City and County of Denver, Honorable Clifton A. Flowers, Judge. Page 55 The Law Offices of Shelley B. […]

31 P.2d 492 NORTH AMERICAN SAVINGS AND LOAN ASSOCIATION ET AL. v. PHILLIPS. No. 13,218.Supreme Court of Colorado. Decided March 26, 1934. Action for damages for fraud. Judgment for plaintiff. Reversed. 1. DAMAGES — Exchange of Property — Fraud. In an action based on fraud and involving an exchange of corporate stock, the measure of […]

(363 P.2d 645) BARBARA ANN HERZOG v. B. BILL MURAD. No. 19,473.Supreme Court of Colorado. Decided July 24, 1961. From an order of trial court granting additur to verdict of jury, or upon rejection by parties, granting a new trial, the defendant brings error. Writ of Error Dismissed. 1. APPEAL AND ERROR — Final Judgment […]

Jennifer Jarvis and Jason Jarvis, by and through his next friend, Linda Jarvis, Plaintiffs-Appellants, v. James Deyoe, individually and in his official capacity, and Town of Parker, Colorado, Defendants-Appellees. No. 93CA1592Colorado Court of Appeals. Decided August 11, 1994. Petition for Rehearing DENIED September 22, 1994. Petition for Writ of Certiorari DENIED April 3, 1995 Appeal […]

The People of the State of Colorado, Plaintiff-Appellant, v. Elton Eugene Evans, Defendant-Appellee. No. 96CA1541Colorado Court of Appeals. February 5, 1998 Rehearing Denied March 19, 1998 Page 230 Certiorari Denied February 16, 1998[*] [*] Justice MARTINEZ and Justice BENDER would grant as to the following issues: Whether the court of appeals erred in holding that […]

(295 P.2d 690) CENTENNIAL CASUALTY COMPANY v. BERNETTA GAIL LACEY. No. 17,742.Supreme Court of Colorado. Decided April 2, 1956 Action to recover for loss of automobile under theft clause of automobile insurance policy. Judgment for plaintiff. Affirmed. 1. INSURANCE — Automobile — Theft — Evidence. Evidence that plaintiff owned an automobile; left it parked in […]

G. Milton Bennett, Plaintiff-Appellee, v. Frank Price and Pebblewood Associates, a Colorado partnership, Defendants-Appellants. No. 83CA0531Colorado Court of Appeals. Decided July 5, 1984. Rehearing Denied August 2, 1984. Certiorari Denied December 17, 1984. Appeal from the District Court of El Paso County Honorable David P. Parrish, Judge Page 1139 Bill E. Landsberg, for plaintiff-appellee. Robert […]

(498 P.2d 1162) The People of the State of Colorado v. Ross Florez, Jr. No. 24824Supreme Court of Colorado. Decided July 17, 1972. Defendant was convicted of second-degree burglary and appealed. Affirmed 1. BURGLARY — Second Degree — Vodka — Liquor Store — Break and Enter — Failure to See — Evidence — Circumstantial — […]

Denver Classroom Teachers Association, Plaintiff-Appellant, v. Denver School District No. 1, Defendant-Appellee. No. 85CA0514Colorado Court of Appeals. Decided February 5, 1987. Rehearing Denied March 12, 1987. Certiorari Denied School District June 8, 1987 (87SC147). Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Hobbs/Bethke Associates, Larry F. […]

5 P.2d 873 PEOPLE EX REL. MAYER ET AL. v. SAN LUIS VALLEY LAND AND CATTLE COMPANY. No. 12,597.Supreme Court of Colorado. Decided November 23, 1931. Action to enjoin closing of alleged public highway. Judgment for defendant. Affirmed. 1. HIGHWAYS — Statutes. The contention that a road over private lands is a public highway under […]

Philip A. Feigin, Securities Commissioner for the State of Colorado, Plaintiff-Appellee, v. Securities America, Inc., Defendant-Appellee, and Alexa Group, Ltd., James P. Dufficy, and Eva F. Balassa, Defendants, and Concerning Charles Patterson, Patricia Patterson, Edward Seevers, and Tamera Seevers, Applicants for Intervention-Appellants. No. 98CA0718Colorado Court of Appeals. August 5, 1999 Appeal from the District Court […]

The People of the State of Colorado, Complainant, v. Garry Owen Doolittle, Attorney-Respondent. No. 85SA253Supreme Court of Colorado. Decided November 4, 1985. Original Proceedings in Discipline Page 835 Linda Donnelly, Disciplinary Prosecutor, George S. Meyer, Deputy Disciplinary Prosecutor, for Complainant. James R. Prochnow, for Attorney-Respondent. EN BANC JUSTICE LOHR delivered the Opinion of the Court. […]

Stella C. Gonzales, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado; Christian Missionary Alliance and Twin City Fire Insurance Company/Hartford, Respondents. No. 94CA1858Colorado Court of Appeals. Decided September 14, 1995 Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No. 4-022-274. ORDER AFFIRMED. Jon C. […]

The People of the State of Colorado, Complainant, v. Loyall Don Wyman, Attorney-Respondent. No. 88SA221Supreme Court of Colorado. Decided February 28, 1989. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, Susan L. Fralick, Assistant Disciplinary Counsel, for Complainant. Page 1077 Loyall Don Wyman, pro se. EN BANC JUSTICE ROVIRA administered the Public Censure. [1] Loyall […]

The People of the State of Colorado, Plaintiff-Appellee, v. Charles Wirsching, Defendant-Appellant. No. 99CA0977Colorado Court of Appeals. December 21, 2000 Rehearing Denied February 1, 2001 Certiorari Denied August 6, 2001 Appeal from the District Court of El Paso County, Honorable Steven T. Pelican, Judge, No. 94CR3306. ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 229 […]

The People of the State of Colorado, Plaintiff-Appellee, v. Joseph Sorrendino, Defendant-Appellant. No. 00CA0172Colorado Court of Appeals. August 30, 2001 Opinion Modified, and As Modified, Petition for Rehearing DENIED (October 11, 2001) La Plata County District Court No. 99CR0195, Honorable David L. Dickinson, Judge JUDGMENT AND SENTENCE AFFIRMED AND CASE REMANDED WITH DIRECTIONS Page 502 […]

Richard W. Ryan, Plaintiff-Appellee, v. O. F. Duffield, Defendant-Appellant. No. 94CA1066Colorado Court of Appeals. Decided June 29, 1995 Appeal from the District Court of the City and County of Denver Honorable Connie L. Peterson, Judge No. 92CV488. ORDER AND AWARD OF ATTORNEY FEES AFFIRMED. Page 379 Stone, Sheehy, Rosen Byrne, P.C., Andrew Rosen, Boulder, Colorado, […]

(399 P.2d 943) ABE COOPERSMITH, ET AL., v. THE CITY AND COUNTY OF DENVER, ET AL. No. 21347.Supreme Court of Colorado. Decided March 15, 1965. Proceeding challenging the validity of a charter amendment imposing compulsory retirement upon attaining a specified age. From an adverse judgment, the plaintiffs bring error. Affirmed. 1. APPEAL AND ERROR — […]

Wal-Mart Stores, Inc., and Insurance Company of the State of Pennsylvania, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and John M. Fisher, Respondents. No. 99CA0963Colorado Court of Appeals. March 2, 2000 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. 4-247-158 ORDER AFFIRMED […]

Sophie H. Meyer and Kenneth Meyer, Petitioners, v. State Farm Mutual Automobile Insurance Company, Respondent. and Farmers Insurance Exchange, a reciprocal or inter-insurance exchange, Plaintiff-Appellee, v. Clara Aguirre and Porfirio Aguirre, Defendants-Appellants. and Marianne I. Adcock and John R. DeCrescentis, Plaintiffs-Appellants, v. State Farm Mutual Automobile Insurance Company, a foreign corporation, Defendant-Appellee. No. 82SC155 No. […]

(234 P.2d 618) HILTIBRAND v. BROWN. No. 16,622.Supreme Court of Colorado. Decided July 2, 1951. An action for damages for personal injuries resulting from an automobile collision. Judgment of dismissal. Reversed. 1. TRIAL — Parties — Evidence. On the trial of an action for damages for personal injuries resulting from an automobile collision, plaintiff being […]

Yvonne McClendon, Plaintiff-Appellant, v. Regional Transportation District, Defendant-Appellee. No. 93CA1249Colorado Court of Appeals. Decided June 16, 1994 Appeal from the District Court of the City and County of Denver Honorable John N. McMullen, Judge No. 90CV7897 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Frank Finger, P.C., Hal B. Warren, Evergreen, Colorado, for Plaintiff-Appellant Marla L. […]

(212 P.2d 1007) HAYES v. HAYES. No. 16,333.Supreme Court of Colorado. Decided December 5, 1949. A proceeding involving the custody of minor child. Custody was awarded to the mother. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the County Court of Arapahoe County, Hon. Henry Bruce Teller, Judge. Mr. EARL J. HOWER, […]

(467 P.2d 825) Jose Arturo Valdez v. The District Court for the County of Pueblo, and Honorable Matt J. Kikel, Judge Thereof. No. 24519.Supreme Court of Colorado. Decided April 13, 1970. Original proceeding in which petitioner seeks writ of mandamus to compel district court to grant him a free transcript of all proceedings had in […]

25 P.2d 195 H. C. LALLIER CONSTRUCTION AND ENGINEERING COMPANY ET AL. v. WEICKER TRANSFER AND STORAGE COMPANY. No. 12,926.Supreme Court of Colorado. Decided September 11, 1933. Action by assignee of balance of account to recover amount due for work and labor performed. Judgment for plaintiff. Reversed. 1. ASSIGNMENTS — Status of Parties. On assignment […]

In re SANCTUARY HOUSE, INC., Plaintiff. v. Garrison KRAUSE; Silvia Jimenez Krause; and Rancho Pacifico, S.A., a Costa Rican corporation, Defendants. No. 07SA310.Supreme Court of Colorado. March 3, 2008. Appeal from the District Court, Chaffee County, Charles M. Barton, J. Page 1257 Lester, Sigmond, Rooney Schwiesow Erich Schwiesow, Alamosa, Colorado, Attorney for Plaintiff. Anthony L. […]

The People of the State of Colorado, Complainant, v. Thomas O. Murphy, Respondent. No. 89SA176Supreme Court of Colorado. Decided July 17, 1989. Rehearing Denied October 16, 1989. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Susan L. Fralick, Assistant Disciplinary Counsel, for Complainant. Edward P. Sejud, for Respondent. EN BANC JUSTICE MULLARKEY delivered the Opinion […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Dewey Holden, Defendant-Appellant. No. 83CA0507Colorado Court of Appeals. Decided January 31, 1985. Rehearing Denied February 21, 1985. Certiorari Denied July 1, 1985. Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Page 604 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

In re the MARRIAGE OF Kimberly E. BOLDING-ROBERTS, Appellee, and Charles Roberts, Appellant. No. 04CA1010.Colorado Court of Appeals. Division A. April 21, 2005. Appeal from the District Court, El Paso County, Steven T. Pelican, J. Page 1266 No Appearance for Appellee. Jerry L. Garling, Colorado Springs, Colorado, for Appellant PLANK,[*] J. [*] Sitting by assignment […]

Harvey Sender, Trustee of the Bankruptcy Estate of Hedged-Investments Associates, Inc., Hedged-Securities Associates, L.P., Hedged-Investments Associates, L.P., and Hedged-Investments Associates II, L.P., Plaintiff-Appellant, v. Douglas Powell, Defendant-Appellee. No. 93CA1645Colorado Court of Appeals. Decided July 13, 1995 Appeal from the District Court of Arapahoe County Honorable Michael J. Watanabe, Judge No. 92CV3365. JUDGMENT AFFIRMED. Page 948 […]

(599 P.2d 909) Dr. Fred Grossman v. Dr. Joseph H. Sherman No. C-616Supreme Court of Colorado. Decided September 17, 1979. Rehearing denied October 9, 1979. Professional corporation brought action against physician for breach of covenant not to compete. The trial court held that the liquidated damages clause did not survive after physician completed his agreed […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gary Ivan Johnson, Defendant-Appellant. No. 83CA0151Colorado Court of Appeals. Decided January 3, 1985. Rehearing Denied January 31, 1985. Certiorari Denied June 24, 1985. Appeal from the District Court of Jefferson County Honorable Ronald J. Hardesty, Judge Page 621 Duane Woodard, Attorney General, Charles B. Howe, Chief […]

The People of the State of Colorado, Plaintiff-Appellant, v. Kenneth Russell Calhoon, Defendant-Appellee. No. 93CA1941Colorado Court of Appeals. Decided December 15, 1994. Petition for Writ of Certiorari DENIED July 13, 1995. Appeal from the District Court of Jefferson County Honorable Thomas L. Woodford, Judge No. 93CR1418. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS. Page 856 […]

Jean S. Schrieber (Thompson), Petitioner, v. Brown Root, Inc., Highlands Insurance Company, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 92CA2010Colorado Court of Appeals. Decided December 16, 1993 Rehearing Denied January 13, 1994. Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No. 3-025-699 […]

144 P.2d 326 CARTER v. BUNIGER. No. 14,788.Supreme Court of Colorado. Decided December 6, 1943. An action to recover money involving right of possession of personal property. Judgment was rendered in favor of claimant and against an attaching creditor for possession. Reversed. 1. ACTIONS — Attachment — Replevin. Two remedies are open to one claiming […]

(528 P.2d 917) The People of the State of Colorado v. Frank Mari No. 26289Supreme Court of Colorado. Decided December 2, 1974. Defendant was convicted in the county court of driving while under the influence of alcohol and appealed. District court affirmed. Appeal taken to Court of Appeals, but upon application, Supreme Court accepted jurisdiction. […]

George S. Reynolds, individually and as Trustee of the Estate of Dagmar Reynolds and Margaret Reynolds, Plaintiffs-Appellants, v. The City Council of the City of Longmont, State of Colorado, the City of Longmont, State of Colorado, Defendants-Appellees. No. 83CA0369Colorado Court of Appeals. Decided April 26, 1984. Appeal from the District Court of Boulder County Honorable […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ben O. Gurule, Defendant-Appellant. No. 85CA0762Colorado Court of Appeals. Decided July 30, 1987. Rehearing Denied September 24, 1987. Certiorari Denied January 11, 1988 (87SC401). Appeal from the District Court of Boulder County Honorable Morris W. Sandstead, Jr., Judge Page 1330 Duane Woodard, Attorney General, Charles B. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Byron L. Barefield, Defendant-Appellant. No. 87CA0999Colorado Court of Appeals. Decided September 6, 1990. Rehearing Denied October 18, 1990. Certiorari Denied January 28, 1991 (90SC696). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Page 1343 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

The People of the State of Colorado, Complainant, v. Roger W. Redman, Attorney-Respondent. No. 91SA280Supreme Court of Colorado. Decided November 4, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. Attorney-Respondent appearing Pro Se. EN BANC PER CURIAM. [1] A hearing panel of the Supreme Court Grievance […]

Robert B. Curtiss, Plaintiff-Appellant, v. GSX Corporation of Colorado, formerly known as SCA Services of Colorado, Inc., a Colorado corporation, Defendant-Appellee. No. 88SA114Supreme Court of Colorado. Decided May 30, 1989. Appeal from the District Court, City and County of Denver Honorable Robert P. Fullerton, Judge. Earl S. Wylder, Sullivan and Sullivan, P.C., Barrie G. Sullivan, […]

The People of the State of Colorado, Complainant, v. William M. Sims, Jr., Attorney-Respondent. No. 95SA175Supreme Court of Colorado. Decided March 25, 1996 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Timothy A. Meinert, Dillon, Colorado, Attorney for Attorney-Respondent. EN BANC PER […]

120 P.2d 194 KINZIE v. ALEXANDER; COUNTY OF SEDGWICK, GARNISHEE. No. 15,016.Supreme Court of Colorado. Decided December 1, 1941. A proceeding involving garnishment under execution. Garnishee discharged and proceedings dismissed. Affirmed. On Application for Supersedeas. 1. PRACTICE AND PROCEDURE — Transfer of Causes From Justice to District Court. There is no statute or court rule […]

(302 P.2d 946) ALVIN BLACK, ET AL. v. NELSON TAYLOR, ET AL. No. 17,808.Supreme Court of Colorado. Decided October 22, 1956. Rehearing denied November 13, 1956. Action for injunction and damages in controversy involving water rights. From a judgment denying damages the plaintiffs bring error. Reversed and Remanded With Directions. 1. WATER RIGHTS — Damages […]

ATMEL CORPORATION, a California corporation, Plaintiff-Appellee and Cross-Appellant, v. VITESSE SEMICONDUCTOR CORPORATION, a Delaware corporation, Robert L. West, Patrick H. Jenkins, and Lattie Alejo, Defendants-Appellants and Cross-Appellees. No. 04CA1402.Colorado Court of Appeals. March 8, 2007. Appeal from the District Court, El Paso County, Theresa M. Cisneros, J. Page 348 Holme Roberts Owen, LLP, Richard L. […]

(567 P.2d 388) Cecil S. Slifer v. Wheeler Lewis No. 75-921Colorado Court of Appeals. Decided May 5, 1977. Rehearing Denied May 26, 1977. Certiorari Granted Wheeler August 2, 1977 (C-1282). In personal injury action against architect by workman who suffered injuries while engaged in construction of building designed by architect, jury entered verdict for plaintiff, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Connell Jane Watkins, Defendant-Appellant. No. 01CA1313.Colorado Court of Appeals. August 28, 2003. Certiorari Denied January 26, 2004 Jefferson County District Court No. 00CR1257; Honorable Jane A. Tidball, Judge. JUDGMENT AND SENTENCE AFFIRMED. Taubman and Loeb, JJ., concur. Page 1183 Ken Salazar, Attorney General, Catherine P. Adkisson, […]