Category: Colorado Court Opinions

Stacey E. Simpson, Plaintiff-Appellant, v. Darwin Lee Stjernholm, D.C., Defendant-Appellee. No. 97CA0095Colorado Court of Appeals. Division III. September 3, 1998 Rehearing DENIED October 1, 1998. Certiorari DENIED April 19, 1999.[*] [*] Justice KOURLIS would grant as to the following issue: Whether the court incorrectly concluded that the trial court conducted an impermissible inquiry of a […]

Raymond E. Miller, Plaintiff-Appellant, v. Armstrong World Industries, Inc. (successor to Armstrong Cork Company, a Pennsylvania corporation); Acands, Inc., a Delaware corporation; Combustion Engineering, Inc., (successor to M.H. Detrick Company Walsh Refractory, a Delaware corporation); Fibreboard Corporation (successor to Plant Rubber Asbestos Co., a Delaware corporation); GAF Corporation (successor to Ruberiod Corp., a Delaware corporation); […]

Alberta Walton, Petitioner, v. The Industrial Commission of the State of Colorado; Director, Department of Labor and Employment, Division of Labor, State of Colorado; Golden Age Manor Nursing Home; National Health Enterprises, and Ranger Insurance Company, Respondents. No. 86CA0107Colorado Court of Appeals. Decided April 23, 1987. Review of Order from the Industrial Commission of the […]

(583 P.2d 946) Gene Kalmon and State Compensation Insurance Fund v. Industrial Commission of Colorado and Richard P. Evans and Richard P. Evans v. Industrial Commission of Colorado, Gene Kalmon and State Compensation Insurance Fund No. 77-684 No. 77-701Colorado Court of Appeals. Decided August 10, 1978. Artist who was injured while repainting mural on building […]

(550 P.2d 315) A, B, C, D, E, F, G, and H v. The District Court of the Second Judicial District and The Honorable Leonard Plank, Judge thereof v. Attorney Q No. 27044Supreme Court of Colorado. Decided May 24, 1976. Opinion modified and as modified rehearing denied June 14, 1976. Original proceeding by insurance companies […]

14 P.2d 1097 JOUFLOS ET AL v. PITCHFORD ET AL. No. 13,134.Supreme Court of Colorado. Decided September 12, 1932. Action to apportion stock range on public domain under chapter 125, S. L. ’29. Range apportioned. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — No Bill of Exceptions — Presumption. Where the evidence is […]

(360 P.2d 431) FLORENCE N. TRAYNOR v. WILLIAM J. TRAYNOR. No. 19,219.Supreme Court of Colorado. Decided March 20, 1961. From a decree awarding division of property in divorce action the wife brings error. Affirmed. 1. DIVORCE — Division of Property — Discretion of Court — Matters Considered. Property settlements are within the sound discretion of […]

7 P.2d 950 DEFREECE ET AL v. RANKIN. No. 12,600.Supreme Court of Colorado. Decided February 1, 1932. Action for damages for false representations in connection with a sale of real estate. Judgment for plaintiffs against one defendant only. Plaintiffs bring error. Defendant assigns cross-error. Affirmed in Part. Reversed in Part. 1. APPEAL AND ERROR — […]

Floyd HARDESTY, Plaintiff-Appellant, v. Edward C. PINO, M.D., Defendant-Appellee. No. 07CA1105.Colorado Court of Appeals. February 5, 2009. Appeal from The District Court, La Plata County, Gregory G. Lyman, J. Page 337 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 338 Leventhal, Brown […]

(396 P.2d 958) ROBERT VANCE DAVIS, A MENTAL INCOMPETENT, BY MARGARET DAVIS, HIS WIFE AND NEXT FRIEND, v. THE COLORADO KENWORTH CORPORATION, ET AL. No. 20573.Supreme Court of Colorado. Decided November 30, 1964. Action by buyer, a mental incompetent, by his wife and next friend, to recover judgments for moneys paid down on various contracts […]

The People of the State of Colorado, Complainant v. Daniel R. Casias, Attorney-Respondent No. 82SA188Supreme Court of Colorado. Decided June 14, 1982. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, for Complainant. Daniel Casias, Pro Se. En Banc. JUSTICE QUINN delivered the opinion of the Court. [1] Daniel Casias, you appear before this court to […]

Steven Richard Marquiz, Petitioner, v. The People of the State of Colorado, Respondent. No. 84SC255Supreme Court of Colorado. Decided October 14, 1986. Certiorari to the Colorado Court of Appeals Clifford J. Barnard, for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Maureen Phelan, Assistant Attorney General, […]

(374 P.2d 403) THOMAS K. HUDSON v. WESTERN OIL FIELDS, INC. No. 19,653.Supreme Court of Colorado. Decided July 23, 1962. Rehearing denied September 24, 1962. Action for loss in value of corporate stock. Judgment for defendant. Reversed. 1. JUDGMENT — Res Judicata — United States Court — Corporate Stock — Failure to Deliver. In an […]

Harding Glass Company, Inc. a Missouri corporation, Bill Stephens and Everett Young v. Robert Jones and Barbara Jones, on their own behalf and on behalf of their daughter, Gretchen Jones, a minor No. 80SC222Supreme Court of Colorado. Decided January 11, 1982. Rehearing denied February 1, 1982. Certiorari to the Colorado Court of Appeals Page 1124 […]

Petitioner: The COLORADO DEPARTMENT OF REVENUE, v. Respondent: Terry Lee HIBBS. No. 04SC759.Supreme Court of Colorado. November 7, 2005. Appeal from the District Court, Chaffee County, Kenneth M. Plotz, J. Page 1000 John W. Suthers, Attorney General, Ceri Williams, Assistant Attorney General, Business and Licensing Division, Denver, for Petitioner. Law Office of Pete Cordova, P.C., […]

In re the Marriage of Roy L. England, Appellee, and Amanda A. England, Appellant. No. 98CA2553.Colorado Court of Appeals. Division I. December 9, 1999. Certiorari Denied April 24, 2000. Appeal from the District Court of Jefferson County, Honorable Leland P. Anderson, Judge, No. 98DR436. Page 1289 JUDGMENT AFFIRMED. No Appearance for Appellee Roy L. England. […]

88 P.2d 100 HOFF v. GIRDLER CORPORATION. No. 14,512.Supreme Court of Colorado. Decided March 6, 1939. Action to quiet title. Judgment for plaintiff in part, but title quieted in defendant to a certain oil and gas lease on a portion of the premises involved. Affirmed. On Application for Supersedeas. 1. LANDLORD AND TENANT — Lease […]

(395 P.2d 603) DARLENE E. JAYNE v. EDNA C. PECK. No. 21237.Supreme Court of Colorado. Decided October 5, 1964. From a final order of the trial court sustaining a writ of attachment, the defendant brought error. Reversed. 1. ATTACHMENT — Statute — Derogation — Common Law — Conformance — Mandatory. Remedy of attachment is in […]

In re the Marriage of: Violet J. Robinson, Appellee, and William Robinson, Appellant. No. 81CA0971Colorado Court of Appeals. Decided August 26, 1982. Appeal from the District Court of Adams County, Honorable Phillip Roan, Judge. Donald L. Brundage, P.C., Donald L. Brundage, for appellee. Page 455 Jeffrey K. Holmes, for appellant. Division III. Opinion by JUDGE […]

Jack Goodwin and Winona C. Goodwin, Petitioners, v. The District Court in and for the Sixteenth Judicial District, State of Colorado, and the Honorable M. Jon Kolomitz, District Judge, Respondents. No. 88SA338Supreme Court of Colorado. Decided September 18, 1989. Original Proceeding. Page 838 Roberta Strohson, Colorado Rural Legal Services, Inc., Daniel M. Taubman, Colorado Coalition […]

The Denver Publishing Company d/b/a Rocky Mountain News, Petitioner, v. Manuel Edward (“Eddie”) Bueno, Respondent. No. 01SC386Supreme Court of Colorado. September 16, 2002 Rehearing Denied October 7, 2002[*] [*] Chief Justice MULLARKEY, Justice MARTINEZ and Justice RICE would grant the petition. Certiorari to the Colorado Court of Appeals, Case No. 97CA1569 JUDGMENT REVERSED AND CASE […]

The People of the State of Colorado, Plaintiff-Appellant, v. The Adams County Court and one of its Judges, The Honorable John J. Vigil, Defendants-Appellees. No. 89CA0245Colorado Court of Appeals. Decided May 3, 1990. Appeal from the District Court of Adams County Honorable Richard M. Borchers, Judge James F. Smith, District Attorney, Peter G. Hautzinger, Deputy […]

(323 P.2d 274) WARNER DAVID DALLAS, ET AL. v. J. B. FITZSIMONS, ET AL. No. 17,775.Supreme Court of Colorado. Decided March 17, 1958. Rehearing denied April 7, 1958. Action involving priority as between locators of mining claims and lessees of the State Land Board. Judgment for defendants. Affirmed. 1. VENUE — Actions — State Land […]

(287 P.2d 53) ABIE HOLLENBACH v. A. J. FAIRBANKS. No. 17,450.Supreme Court of Colorado. Denied August 8, 1955. Rehearing denied September 6, 1955. Action for damages for death resulting from automobile accident. Judgment for plaintiff. Reversed. 1. AUTOMOBILES — Negligence — Guest Statute. To avoid the limitations of the guest statute, it must appear that […]

Octavio T. Escamilla, Petitioner, v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission); Colorado Division of Employment; and Mercury Management St., Inc., Respondents. No. 83CA0172Colorado Court of Appeals. Decided September 15, 1983. Review of Order from the Industrial Commission of the State of Colorado Charles B. Dillion, for petitioner. Duane Woodard, Attorney […]

The People of the State of Colorado, Petitioner, v. Thomas D. Lenahan, Respondent Nos. 01PDJ017, 01PDJ054, 01PDJ060Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. August 9, 2002 Page 248 [1] Attorney Regulation. [2] The Hearing Board disbarred Respondent Thomas D. Lenahan, attorney registration number 25498, from the practice of law following […]

Birdie L. Branson, Plaintiff-Appellant, v. City and County of Denver, Board of Trustees of the Firemen’s Pension Fund of the City and County of Denver; and Elvin R. Caldwell, in his official capacity as Secretary to the Board of Trustees of the Firemen’s Pension Fund, Defendants-Appellees. No. 84SA5Supreme Court of Colorado. Decided September 30, 1985. […]

Stephanie H. Kalevik, Plaintiff-Appellant, v. Menter C. Kalevik, Defendant-Appellee. No. 84CA1413Colorado Court of Appeals. Decided March 20, 1986. Rehearing Denied April 17, 1986. Appeal from the District Court of the City and County of Denver Honorable Raymond Dean Jones, Judge Mellman Thorn, P.C., Gerald N. Mellman, for Plaintiff-Appellant. James W. Wilson, for Defendant-Appellee. Division II. […]

(563 P.2d 28) Harley Earl Rust v. Joseph F. Dolan, Director of the Department of Revenue, State of Colorado, and Steven J. Dawes, Hearings Officer, Department of Revenue, State of Colorado No. 75-887Colorado Court of Appeals. Decided January 20, 1977. Opinion modified and as modified petition for rehearing denied February 17, 1977. Certiorari granted April […]

George Butland and Colorado National Speedway, Inc., Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado; Director, Department of Labor and Employment, Division of Labor, State of Colorado; and Richard F. King, Respondents. No. 87CA0636Colorado Court of Appeals. Decided February 11, 1988. Rehearing Denied March 17, 1988. Certiorari Denied May 9, 1988 […]

(402 P.2d 369) DOVE CREEK STATE BANK v. LAWRENCE WAREHOUSE COMPANY, ET AL. No. 20468.Supreme Court of Colorado. Decided May 17, 1965. Rehearing denied June 14, 1965. Action by forwarding bank on certain promissory notes secured by warehouse receipts. Plaintiff was awarded judgment on some of its claims for relief and now brings error from […]

Dawn M. Leyden, f/k/a Dawn M. Howe, Petitioner, v. Citicorp Industrial Bank, a Colorado corporation, Pamela Sue Evans, and Debra Lynn Evans, Respondents. No. 88SC243Supreme Court of Colorado. Decided October 23, 1989. Certiorari to the Colorado Court of Appeals Page 7 Constantine Anderson Tobey, P.C., Kevin J. O’Brien, for Petitioner. Loser, Davies, Magoon Fitzgerald, P.C., […]

B. C. Investment Company, Plaintiff-Appellant, v. Urban L. Throm, Defendant-Appellee. No. 81CA1216Colorado Court of Appeals. Decided July 22, 1982. Appeal from the Superior Court of the City and County of Denver, Honorable William Conley, Judge. Page 1334 H. William Huseby, for plaintiff-appellant. Buchanan, Thomas Johnson, G. Thomas O’Malley, III, for defendant-appellee. Division III. Opinion by […]

(595 P.2d 677) The People of the State of Colorado v. Duncan J. Cameron No. 27965Supreme Court of Colorado. Decided March 26, 1979. Original proceedings in discipline. Attorney Suspended 1. ATTORNEYS AT LAW — Federal Estate Tax Return — Extension — Failure — Violation — Disciplinary Rule. Where attorney failed to file a federal estate […]

B.G.’s, Inc., d/b/a Drink-N-Dawg, Petitioner v. Marla Gross, individually, and as surviving spouse of Gary A. Gross, Respondent. No. 99SC873Supreme Court of Colorado. May 14, 2001 As Modified May 21, 2001. Rehearing Denied June 4, 2001. Certiorari to the Colorado Court of Appeals Court of Appeals No. 98CA786 JUDGMENT AFFIRMED No. 99SC873, B.G.’s, Inc., d/b/a […]

(538 P.2d 109) The People of the State of Colorado v. Raymond Paul Barker No. 26273Supreme Court of Colorado. Decided July 14, 1975. Defendant was convicted of the crime of escape and appealed. Affirmed 1. WITNESSES — Jury — Sole Judge — Credibility. The jury is the sole judge of the credibility of the witnesses. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dudley STEPHENSON, Defendant-Appellant. No. 04CA1288.Colorado Court of Appeals. February 8, 2007. As Modified on Denial of Rehearing June 14, 2007. Appeal from the District Court, Clear Creek County, W. Terry Ruckriegle, J. Page 861 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

CFI Steel, L.P., d/b/a Rocky Mountain Steel Mills, Petitioner-Appellant and Cross-Appellee, v. Air Pollution Control Division, Colorado Department of Public Health and Environment, State of Colorado, Respondent-Appellee and Cross-Appellant, and United Steel Workers of America, AFL-CIO/CLC, Respondent-Intervenor-Appellee and Cross-Appellant. No. 02CA0715Colorado Court of Appeals. Division II. August 14, 2003. [1] Prior Opinion Announced May 8, […]

52 P.2d 1145 CITY AND COUNTY OF DENVER v. LITEL ET AL. No. 13,720.Supreme Court of Colorado. Decided December 16, 1935. Suit by the City and County of Denver against a board of county commissioners to recover for care of paupers alleged to have been brought into and left in the city by the defendant […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert Gilmore Estes, Defendant-Appellant. No. 94CA1198Colorado Court of Appeals. Decided February 22, 1996 Petition for Rehearing DENIED March 21, 1996 Petition for Writ of Certiorari DENIED September 16, 1996 Appeal from the District Court of Douglas County, Honorable Thomas J. Curry, Judge, No. 93CR140. SENTENCE AFFIRMED […]

178 P.2d 417 MILNER v. RUTHVEN. No. 15,520.Supreme Court of Colorado. Decided February 17, 1947. Rehearing denied March 17, 1947. An action by a real estate agent to recover compensation for services rendered in making sales of lots and parcels of land. Judgment for plaintiff. Affirmed. 1. MASTER AND SERVANT — Contracts — Compensation. An […]

The People of the State of Colorado, Petitioner-Appellant, In the Interest of J.G., a Juvenile, Appellee. No. 03CA1374.Colorado Court of Appeals. March 25, 2004. Certiorari Denied September 7, 2004.[*] [*] Chief Justice MULLARKEY would grant as to the following issue: Whether the court of appeals erred in its determination that a juvenile court judge, reviewing […]

Paul ALVARADO, Petitioner v. The PEOPLE of the State of Colorado, Respondent. No. 04SC868.Supreme Court of Colorado. April 10, 2006. Appeal from the District Court, Adams County, Thomas R. Ensor, J. David S. Kaplan, Colorado State Public Defender, Pamela A. Dayton, Deputy State Public Defender, Denver, for Petitioner. John W. Suthers, Attorney General, Catherine P. […]

Frances F. Weston, Christine M. Kneubehl, and Shauna Parks, n/k/a Shauna Disher, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Donald M. Cassata, Director of the Adams County Department of Social Services, in his official capacity; and Adams County Board of Social Services, Defendants-Appellants. No. 99CA2449Colorado Court of Appeals. July 5, 2001 […]

160 P.2d 394 MARKLEY, DOING BUSINESS AS M. M. TRUCK COMPANY v. HILKEY BROS. No. 15,355.Supreme Court of Colorado. Decided June 18, 1945. An action for damages arising out of a collision between autotrucks. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Denver Traffic Ordinances — Right-of-Way. Under Denver traffic ordinances an automobile entering a street […]

(520 P.2d 757) The People of the State of Colorado v. James E. Algeo No. 26100Supreme Court of Colorado. Decided April 8, 1974. Original proceeding in discipline. Attorney Suspended 1. ATTORNEYS AT LAW — Failure to Account to Client — Suspension. Where attorney failed to account to his client for money belonging to client he […]

10 P.2d 942 JAGGER PRODUCE COMPANY v. GYLLING ET AL. No. 12,619.Supreme Court of Colorado. Decided April 11, 1932. Action to recover balance due for merchandise sold and delivered. Judgment for plaintiff. Affirmed. 1. SALES — Contract. Where a party relies upon a written confirmation of contract of sale which was sent to purchaser promptly, […]

H.R. Cherne and B.D. Cherne, Petitioners-Appellees, and Board of Assessment Appeals, Plaintiff-Appellee, v. Board of Equalization of Boulder County, Respondent-Appellant. No. 93CA0396Colorado Court of Appeals. Decided April 7, 1994. Petition for Writ of Certiorari DENIED December 5, 1994. Appeal from the Colorado State Board of Assessment Appeals No. 19447 ORDER AFFIRMED Peter N. Ehrlich, P.C., […]

(514 P.2d 330) Archer Freight Lines, Inc., and Truck Insurance Exchange v. Horn Transportation, Inc., and Commercial Standard Insurance Company and Director of Division of Labor, Department of Labor and Employment of the State of Colorado, and the Industrial Commission of Colorado, and Claimants in the Matter of the Death of William S. Jones No. […]

25 P.2d 178 FIDELITY AND DEPOSIT COMPANY OF MARYLAND v. HERSHEY. No. 12,930.Supreme Court of Colorado. Decided September 5, 1933. Rehearing denied September 25, 1933. Second petition for rehearing denied October 16, 1933. Action by surety company against principal in an official bond to recover expenses incurred in defending an action on the bond. Judgment […]

Denver Ventures, Inc., a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, v. Arlington Lane Corporation, Defendant-Appellee and Cross-Appellant, and American Manufacturer’s Mutual Insurance Company, Defendant-Appellee. No. 85CA0322Colorado Court of Appeals. Decided March 17, 1988. Appeal from the District Court of the City and County of Denver Honorable Sandra Rothenberg, Judge Page 786 Roath Brega, P. C., J. […]

(351 P.2d 385) BENEFIT ASSOCIATION OF RAILROAD EMPLOYEES v. FOSTER S. WICKHAM. No. 18,736.Supreme Court of Colorado. Decided April 18, 1960. Rehearing denied May 9, 1960. Action to recover on group insurance policy following reinstatement. Judgment for plaintiff. Affirmed in part, Reversed in Part. 1. INSURANCE — Group Policy — Reinstatement — Tender of Premium. […]

SAFARI 300, LTD., d/b/a Cherry Creek State Park Shooting Center, Inc.; Peggy Duckworth; and Allan Duckworth, Plaintiffs-Appellees, v. HAMILTON FAMILY ENTERPRISES, INC., Defendant-Appellant, and Colorado Department of Natural Resources, Division of Parks and Outdoor Recreation; Robert Toll; Carolyn Armstrong; and City of Greenwood Village, Defendants-Appellees. No. 06CA0065.Colorado Court of Appeals. June 14, 2007. Certiorari Denied […]

90 P.2d 615 WHARTON v. THE PEOPLE. No. 14,511.Supreme Court of Colorado. Decided May 8, 1939. Plaintiff in error was convicted of murder in the first degree and sentenced to death. Cause Remanded With Directions. 1. CRIMINAL LAW — Verdict — Impeachment by Juror. As a general rule a verdict cannot be impeached by the […]

24 P.2d 747 STODDARD ET AL. v. KUHN. No. 12,812.Supreme Court of Colorado. Decided August 15, 1933. Action to recover balance due on salary for work and labor performed. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Findings of Fact — Jury. Determination of questions of fact are for the exclusive consideration of the […]

Creekside at DTC, Ltd., a Colorado limited partnership, Petitioner-Appellant, v. Board of Assessment Appeals, State of Colorado and Arapahoe County Board of Equalization, Respondents-Appellees. No. 90CA0258Colorado Court of Appeals. Decided March 14, 1991. Rehearing Denied April 11, 1991. Review of Order from the Board of Assessment Appeals of the State of Colorado. Page 436 Calkins, […]

(262 P.2d 930) BROOKHART v. HINDS. No. 17,207.Supreme Court of Colorado. Decided October 26, 1953. Rehearing denied November 23, 1953. A school district election contest. Judgment for contestee. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the County Court of Jefferson County, Hon. David Brofman, Judge. Mr. ELIAS J. CANDELL, for plaintiff […]

(490 P.2d 58) Douglas Duane Edmisten v. The People of the State of Colorado. No. 24244.Supreme Court of Colorado. Decided November 1, 1971. Rehearing denied November 15, 1971. Defendant was convicted of aggravated robbery and being an habitual criminal and brought error. Reversed. 1. COURTS — United States Supreme Court — United States v. Wade […]

Gordon E. Eckley, Plaintiff-Appellant, v. Colorado Real Estate Commission, Defendant-Appellee. No. 86SA170Supreme Court of Colorado. Decided February 22, 1988. Appeal from District Court, City and County of Denver Honorable Paul A. Markson, Jr., Judge Page 69 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

(468 P.2d 375) John Jerome Lay d/b/a J.J. Lay Plumbing and Heating v. The District Court in and for the County of Jefferson, State of Colorado and the Honorable George G. Priest, one of the Judges Thereof. No. 24621Supreme Court of Colorado. Decided April 27, 1970. Original proceeding seeking relief in the nature of mandamus […]

22 P.2d 644 FRENCH v. MITCHELL ET AL. No. 13,284.Supreme Court of Colorado. Decided April 17, 1933. Rehearing denied June 5, 1933. Action to enforce specific performance of an oral contract for an interest in land. Judgment for plaintiffs. Reversed. On Application for Supersedeas. 1. STATUTE OF FRAUDS — Oral Contract — Part Performance. A […]

The People of the State of Colorado, Plaintiff-Appellant, v. Cindy Theresa Garcia, a/k/a Margaret Theresa Garcia, a/k/a Margaret Casados, a/k/a Margaret Perez, Defendant-Appellee. No. 86SA262Supreme Court of Colorado. Decided December 7, 1987. Appeal from District Court, Adams County Honorable Philip F. Roan, Judge Page 561 James F. Smith, District Attorney, Steven L. Bernard, Chief Trial […]

REDD IRON, INC., Plaintiff-Appellee, v. INTERNATIONAL SALES AND SERVICE CORPORATION, d/b/a Commercial Building Services, Inc., and ALSCO, Inc., d/b/a Steiner Corporation, Defendants-Appellants. No. 08CA0025.Colorado Court of Appeals. December 24, 2008. Appeal from the District Court, City and County of Denver, R. Michael Mullins, J. Page 1134 Bloom Murr Accomazzo, P.C., Joseph A. Murr, Daniel R. […]

Gary L. Wiedemer, Petitioner-Appellant, v. The People of the State of Colorado, Respondent-Appellee. No. 88SA384Supreme Court of Colorado. Decided December 4, 1989. Rehearing Denied January 16, 1990. Appeal from District Court, City and County of Denver Honorable Lynne M. Hufnagel, Judge Gary L. Wiedemer, Pro Se Petitioner-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief […]

(444 P.2d 865) Ruth M. Veatch v. T. J. Howard. No. 21532.Supreme Court of Colorado. Decided September 9, 1968. Action by owner of corporate stock against purchaser of the stock for breach of contract resulting from refusal to deliver note. Judgment for plaintiff. Affirmed. 1. DAMAGES — Breach of Contract — Note — Failure to […]

In re the Marriage of Irene Kimbrough, Appellant, and Albert Kimbrough, Appellee. No. 88CA0865Colorado Court of Appeals. Decided November 9, 1989. Appeal from the District Court of Garfield County Honorable Gavin D. Litwiller, Judge Polidori, Rasmussen, Gerome Jacobson, Peter L. Franklin, for Appellant. No Appearance for Appellee Albert Kimbrough. Division I. Opinion by JUDGE PIERCE. […]

UPPER YAMPA WATER CONSERVANCY DISTRICT, Applicant-Appellant v. DEQUINE FAMILY L.L.C.; Flying Diamond Resources, Ltd.; Kim Singleton; James A. Larson; Colorado Water Conservation Board; Dick Wolfe, State Engineer; and Erin Light, Division Engineer Water Division 6, Opposers-Appellees. No. 09SA118.Supreme Court of Colorado. April 11, 2011. Page 795 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

(470 P.2d 603) Lowell R. Bohl v. Roy Haney, (William Greathouse by substitution,) and H. L. Haney, as Guardians of the Estate of Della J. Moore, Ward No. 70-020 (Supreme Court No. 22737)Colorado Court of Appeals. Decided February 17, 1970. Rehearing denied March 17, 1970. Action by guardians on behalf of their ward to rescind […]

Melissa Roberts-Henry, Plaintiff, v. Jason Richter, Defendant-Appellee, and Concerning, Martha Gay, Appellant. No. 89CA1204Colorado Court of Appeals. Decided September 27, 1990. Rehearing Denied November 8, 1990. Appeal from the District Court of the City and County of Denver Honorable John C. Statler, Judge. Page 1160 Cooper Kelley, P.C., Paul D. Cooper, Kay J. Rice, Ronald […]

The People of the State of Colorado, Plaintiff-Appellee, v. Wilfred Delano Marquez, Defendant-Appellant. No. 85CA1068Colorado Court of Appeals. Decided May 14, 1987. Rehearing Denied June 4, 1987. Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Chad Barton, Defendant-Appellant. No. 01CA0215.Colorado Court of Appeals. Division I May 8, 2002. Rehearing Denied August 1, 2002. Certiorari Denied November 18, 2002. Arapahoe County District Court No. 99CR1147; Honorable John P. Leopold, Judge. JUDGMENT AND ORDER AFFIRMED. Page 1076 Ken Salazar, Attorney General, Cheryl Hone, […]

(491 P.2d 965) Carl Parlapiano, District Attorney, Tenth Judicial District, Pueblo, Colorado v. District Court in and for the Tenth Judicial District, State of Colorado, and Honorable S. Philip Cabibi, District Judge in and for the Tenth Judicial District, State of Colorado. No. 25345.Supreme Court of Colorado. Decided December 20, 1971. Original proceedings involving writ […]

(507 P.2d 1119) Oscar C. Hewett v. Samsonite Corporation, a Colorado corporation No. 72-193Colorado Court of Appeals. Decided March 20, 1973. Former employee of defendant brought action for the adjudication of his rights relative to those of defendant with respect to certain patents. From dismissal of the action, plaintiff appealed. Reversed 1. APPEAL AND ERROR […]

Andrew Cibere v. Industrial Commission of Colorado, and Continental Moving and Storage, Employer, and Aid Insurance Company, Insurer No. 79CA1150Colorado Court of Appeals. Decided December 4, 1980. Rehearing denied January 8, 1981. Certiorari denied March 16, 1981. Page 921 Review of Order of the Industrial Commission of the State of Colorado Stevens Moskovit, P.C., Roger […]

City of Colorado Springs, a Colorado municipal corporation, Plaintiff-Appellee, v. Mountain View Electric Association, Inc., a Colorado cooperative corporation, Defendant-Appellant. No. 94CA0914Colorado Court of Appeals. Decided December 21, 1995 Opinion Modified, and as Modified, Petitions for Rehearing DENIED 4-25-96 Petition for Writ of Certiorari DENIED October 21, 1996 Page 1379 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

(533 P.2d 63) Frederick M. Lehman v. Richard C. Williamson No. 74-232Colorado Court of Appeals. Decided March 11, 1975. From a judgment dismissing his claim for specific performance of a contract to purchase real estate, plaintiff appealed. Affirmed 1. EASEMENTS — License — Distinguished. An easement, while distinct from ownership of land itself, is an […]

(605 P.2d 475) Michael Kulik, Administrator of the Estate of Darrow L. Moline, Deceased, and Carla A. Rivero v. Public Service Company of Colorado, a Colorado corporation; Bell Plumbing Heating Company, a Colorado corporation; and Metropolitan Gas Repair Service, Inc., a Colorado corporation No. 78-237Colorado Court of Appeals. Decided August 16, 1979. Rehearing denied September […]

(418 P.2d 888) Francis John LaBlanc v. The People of the State of Colorado No. 22039.Supreme Court of Colorado. Decided October 10, 1966. Opinion modified and as modified petition for rehearing denied October 24, 1966. Defendant was convicted of burglary and rape and brought error. Affirmed. 1. RAPE — Burglary — Sweatshirt — Hood — […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. KEITH MOSKOWITZ, Attorney-Respondent. No. 97SA248Supreme Court of Colorado. September 2, 1997 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. David S. Sanderson, Boulder, Colorado, Attorney for Attorney-Respondent. EN BANC PER CURIAM [1] The […]

William S. Ruffing, and Betty H. Ruffing, Plaintiffs-Appellees, v. Sydney Kent Lincicome, Defendant-Appellant. No. 85CA0442Colorado Court of Appeals. Decided March 12, 1987. Rehearing Denied April 23, 1987. Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge Page 441 Towey Zak, James J. Zak, for Plaintiffs-Appellees. Schenk, Kerst deWinter, William J. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Antonio Nunez, Defendant-Appellant. No. 83CA0930Colorado Court of Appeals. Decided November 15, 1984. Rehearing Denied December 13, 1984. Certiorari Granted April 15, 1985. Certiorari granted on following issues: Did the trial court err by allowing introduction of the asserted declaration of prosecution witness, Charles Lamorie, under CRE […]

The People of the State of Colorado, Plaintiff-Appellant, v. Kelly R. Thomas, Defendant-Appellee. No. 92SA121Supreme Court of Colorado. Decided November 9, 1992. Interlocutory Appeal from District Court, Summit County Honorable W. Terry Ruckriegle, Judge Page 1175 Peter F. Michaelson, District Attorney, Fifth Judicial District, Titus D. Peterson, Deputy District Attorney, for Plaintiff-Appellant. Richard A. St. […]

138 P.2d 934 STATE CIVIL SERVICE COMMISSION ET AL. v. COLORADO STATE BOARD OF HEALTH ET AL. No. 15,045.Supreme Court of Colorado. Decided May 10, 1943. Rehearing denied June 28, 1943. A proceeding in mandamus involving the powers of the State Civil Service Commission. Alternative writ made peremptory. Reversed. 1. CIVIL SERVICE — Commission Action […]

Centennial Savings Loan Association, Plaintiff, v. Gerald E. Schmuhl, and Glenda L. Schmuhl, Defendants-Appellants, and Beneficial Finance Company of Colorado, Defendant-Appellee. No. 83CA0338Colorado Court of Appeals. Decided April 12, 1984. Rehearing Denied May 3, 1984. Certiorari Granted November 5, 1984. Appeal from the District Court of La Plata County Honorable James D. Childress, Judge Richard […]

Richard Anderson Horrell, Hyneatha H. Jones, Doris Lucas, Douglas Mitchell, Larry A. Page, Ivy Thomas, Hattie L. Thompson, and Colorado Association of Public Employees, Jack Ashley, and C.W. Peterson, Plaintiffs-Appellants, v. Department of Administration, Colorado Janitorial Service, Inc., Metropolitan Building Maintenance Corporation, Jefferson County Community Center for Developmental Disabilities, Inc., Platte River Industries, Inc. and […]

(352 P.2d 671) SIMON SIEROTA v. ED S. SCOTT, MAYOR, ETC., ET AL. No. 19,367.Supreme Court of Colorado. Decided May 31, 1960. Action challenging validity of city ordinance regulating the issuance of beverage licenses. Judgment for defendants. Reversed. 1. INTOXICATING LIQUOR — Municipal Corporations — Ordinance — Validity — Statute. C.R.S ’53, 75-1-1, et seq., […]

Board of Commissioners of the County of Boulder, Plaintiff-Appellee and Cross-Appellant, v. City of Broomfield, Colorado; City Council of the City of Broomfield; and Broomfield Urban Renewal Authority, Defendants-Appellants and Cross-Appellees. No. 98CA0836Colorado Court of Appeals. November 12, 1999 As Modified on Denial of Rehearing December 27, 1999. Certiorari Granted September 11, 2000. Opinion Modified, […]

Ernest A. Vialpando, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado; Director, Division of Labor, Department of Labor and Employment; Children’s Hospital; and Trans-Continental Insurance Company, Respondents. No. 87CA1640Colorado Court of Appeals. Decided June 23, 1988. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Kavanaugh, […]

144 P.2d 986 EDELEN v. SIMPSON. No. 15,109.Supreme Court of Colorado. Decided January 10, 1944. An action for damages for personal injuries resulting from an automobile accident and involving the application of the Colorado guest statute. Judgment for plaintiff. Affirmed. 1. AUTOMOBILES — Guest — Negligence. In an action by one against the driver of […]

William A. O’NEIL, Plaintiff-Appellant, v. WOLPOFF ABRAMSON, L.L.P., Defendant-Appellee. No. 08CA1461.Colorado Court of Appeals. April 2, 2009. Appeal from the District Court, City and County of Denver, Gloria A. Rivera, J. Paul F. Miller, Grand Junction, Colorado, for Plaintiff-Appellant. Law Offices of Bennett S. Aisenberg, P.C., Bennett S. Aisenberg, H. Paul Himes, Jr., Denver, Colorado; […]

180 P.2d 863 KUHLMANN v. McCORMACK. No. 15,856.Supreme Court of Colorado. Decided May 5, 1947. An action to restrain foreclosure of a trust deed. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Conflicting Evidence. Where the evidence in a case is conflicting, the appellate tribunal is bound by the conclusions of the trial court […]

(413 P.2d 906) Orie E. Husser v. School District No. 11 in El Paso County, State of Colorado, et al. No. 20814Supreme Court of Colorado. Decided April 25, 1966. Action for damages for personal injuries allegedly resulting from the negligence of the defendants. From an adverse judgment, the plaintiff brings error. Reversed. 1. NEGLIGENCE. — […]