Category: Colorado Court Opinions

166 P.2d 993 GREGORICH ET AL. v. OLIVER COAL COMPANY ET AL. No. 15,685.Supreme Court of Colorado. Decided February 25, 1946. Rehearing denied March 18, 1946. A proceeding under the Workmen’s Compensation Act. The district court set aside an award of compensation to claimant. Writ of Error Dismissed. 1. APPEAL AND ERROR — Specification of […]

(576 P.2d 188) In re the Marriage of: Vern Wilfred Johnson and Marie Bernadette Johnson No. 77-078Colorado Court of Appeals. Decided December 1, 1977. Rehearing denied December 22, 1977. Certiorari denied March 20, 1978. Wife appealed from permanent orders entered in dissolution of marriage proceeding. Reversed 1. PRACTICE AND PROCEDURE — Rulings by Court — […]

(472 P.2d 690) John H. Latta v. Trine L. Henry No. 70-084 (Supreme Court No. 22823)Colorado Court of Appeals. Decided May 5, 1970. Rehearing denied May 26, 1970. Action by son objecting to fiduciary actions and final accounting of administratrix. Administratrix was daughter and only other heir as well as having been conservatrix of her […]

Jennifer Forrest, Plaintiff-Appellant, v. Tracy Lorrigan and Marlene Lorrigan, Defendants-Appellees. No. 91CA0788Colorado Court of Appeals. Decided May 21, 1992. Opinion Modified, and as Modified Rehearing Denied June 18, 1992. Appeal from the District Court of Moffat County Honorable Rebecca Love Kourlis, Judge. Salmon, Godsman Nicholson, P.C., William P. Godsman, for Plaintiff-Appellant. Mattlage, Lettunich Vanderbloemen, John […]

14 P.2d 1011 PHELPS v. LOUSTALET ET AL. No. 12,675.Supreme Court of Colorado. Decided September 26, 1932. Action for damages resulting from an automobile collision. Judgment for plaintiff. Reversed. 1. TRIAL — Automobiles — Personal Injuries — Liability Insurance. In the trial of an action for damages growing out of an automobile accident, testimony by […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee v. Ruben A. ROMERO, Defendant-Appellant. No. 06CA1209.Colorado Court of Appeals. December 13, 2007. Appeal from the District Court, Otero County, M. Jon Kolomitz, J. Page 1210 John W. Suthers, Attorney General, John D. Seidel, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado State Public […]

The People of the State of Colorado, Petitioner/Cross-Respondent, v. Larry Mershon, Respondent/Cross-Petitioner. No. 92SC598Supreme Court of Colorado. Decided April 18, 1994. Rehearing Denied May 16, 1994. Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART, REVERSED IN PART AND CASE REMANDED WITH DIRECTIONS Page 1026 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

(238 P.2d 190) HOLTER v. COZAD. No. 16,747.Supreme Court of Colorado. Decided October 29, 1951. Rehearing denied November 26, 1951. An action involving a contract for the conveyance of real property. A summary judgment was entered by the trial court directing a conveyance of the realty. Reversed. 1. WILLS — Interpretation — Courts. In litigation […]

Prospero Associates, a Colorado general partnership, Raymond S. Livingstone, Jr., and Kent M. Klineman, Plaintiffs-Appellees and Cross-Appellants, v. Redactron Corporation and Burroughs Corporation, Defendants-Appellants and Cross-Appellees. No. 80CA0993Colorado Court of Appeals. Decided September 29, 1983. Rehearing Denied October 27, 1983. Certiorari Denied May 7, 1984. Appeal from the District Court of Boulder County Honorable Murray […]

(503 P.2d 346) The People of the State of Colorado v. Harvey Archuleta No. 24996Supreme Court of Colorado. Decided November 27, 1972. Defendant was convicted of burglary and theft and appealed. Reversed 1. THEFT — Definition — Statute. The statute, 1967 Perm. Supp., C.R.S. 1963, 40-5-2, defines the crime of theft as knowingly obtaining or […]

University of Colorado Medical Center and State Compensation Insurance Fund v. Industrial Commission of Colorado and Maureen Hendricks-Rauch No. 80CA0715 No. 79CA1042Colorado Court of Appeals. Decided September 18, 1980. Rehearing denied October 23, 1980. Certiorari denied January 26, 1981. Review of Order from the Industrial Commission of the State of Colorado Page 597 William Baum, […]

Century 21 — Joslyn Realty Development, Inc., Plaintiff/Cross-Claimant-Appellee, and Fred D. Hesse, Plaintiff/Cross-Claimant-Appellant, v. Edwin W. Baker, Jr.; George A. McDonald; William B. Shepard; Joseph Vecchio; Merle E. Nauman; Donald J. Egan; Oxford Associates; and Spinnaker Partners, Defendants-Appellees. No. 88CA0206Colorado Court of Appeals. Decided August 3, 1989. Rehearing Denied August 31, 1989. Certiorari Denied December […]

(310 P.2d 560) MIKE KARRAS v. DERA TRIONE, ET AL. No. 17,950.Supreme Court of Colorado. Decided April 15, 1957. Rehearing denied May 20, 1957. Action for damages for conspiracy. From a judgment of dismissal as to certain defendants and nominal damages against others the plaintiff brings error. Affirmed. 1. CONSPIRACY — Chattel Mortgages — Lease […]

(342 P.2d 1026) JAMES A. ERBAUGH, AS ADMINISTRATOR, ETC. v. HARVEY W. JACOBSON. No. 18,405.Supreme Court of Colorado. Decided August 17, 1959. From dismissal of an appeal from the county court to the district court, the plaintiff brings error. Reversed. 1. COURTS — Appeals — Trial De Novo — Statute — Rules. Rule 59 (f), […]

Metro National Bank, Plaintiff-Appellee, v. Ted S. Roe, Defendant-Appellant. No. 83CA0008Colorado Court of Appeals. Decided December 1, 1983. Appeal from the District Court of Jefferson County Honorable Joseph P. Lewis, Judge Hellerstein, Hellerstein Shore, P.C., Martin H. Shore, Lyle L. Boll, for plaintiff-appellee. Tallmadge, Tallmadge, Wallace Hahn, P.C., David J. Hahn, John W. Smith, Page […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Toby LEONARD, Defendant-Appellant. No. 06CA0405.Colorado Court of Appeals. July 12, 2007. Appeal from the District Court, Weld County, James Hartmann, J. Page 179 John W. Suthers, Attorney General, Christine C. Brady, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Henderson, Taylor Rapp, LLP, Todd Taylor, Greeley, Colorado, […]

(593 P.2d 1369) Donald Cameron Tribe v. The District Court in and for the County of Larimer and the Honorable John-David Sullivan, a Judge thereof No. 28423Supreme Court of Colorado. Decided April 30, 1979. Petitioner is charged with the offense of first-degree murder. Rule to show cause issued why jury should not be sequestered during […]

The People of the State of Colorado, Plaintiff-Appellee, v. Rory F. Atkins, Defendant-Appellant. No. 91CA1877Colorado Court of Appeals. Decided March 24, 1994. Petition and Cross-Petition for Certiorari DENIED November 29, 1994. Appeal from the District Court of Fremont County Honorable Kenneth M. Plotz, Judge, No. 91CR161 JUDGMENT AFFIRMED Gale A. Norton, Attorney General, Stephen K. […]

(407 P.2d 337) Harrison Blackburn, Individually and d/b/a Erhard Hotel v. Myree D. Tombling. No. 20725Supreme Court of Colorado. Decided November 1, 1965. Rehearing denied November 22, 1965. Action in damages for personal injuries arising out of negligent maintenance of entryway to hotel premises. From judgment in favor of plaintiff, defendant brings error. Affirmed. 1. […]

People v. Smith. No. 02PDJ084.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. August 13, 2003. Page 567 Opinion by a Hearing Board consisting of the Presiding Disciplinary Judge Roger L. Keithley and Hearing Board Members Robert A. Millman and Marilyn L. Robertson, both members of the bar. The Hearing Board suspended […]

(564 P.2d 127) H. J. Miller and Sondra Miller v. Carnation Company, a Delaware corporation, and Albers Milling Company, a Delaware corporation, a division thereof, d/b/a Brighton Egg Company No. 75-687Colorado Court of Appeals. Decided February 3, 1977. Rehearing denied March 3, 1977. Certiorari denied May 16, 1977. From judgment awarding compensatory and exemplary damages […]

People of the State of Colorado, Plaintiff-Appellant, v. One 1968 Chevrolet 2-Door Vin. 1123378L310864, Defendants-Appellees, and Concerning Brook Woods, Intervenor-Appellee. No. 94CA0411Colorado Court of Appeals. Decided April 20, 1995 Page 1178 Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge No. 93CV153. JUDGMENT AFFIRMED. David J. Thomas, District Attorney, Tom Leadabrand, […]

Jack Lang; Kenneth Ellis, Sr.; and George Red Pennington, Plaintiffs-Appellants, v. Bank of Durango, a Colorado corporation, and Jim Schoen, Defendants-Appellees. No. 02CA0701Colorado Court of Appeals. March 27, 2003 Certiorari Denied October 20, 2003. La Plata County District Court No. 98CV32; Honorable David L. Dickinson, Judge JUDGMENT AFFIRMED Division III Davidson and Webb, JJ., concur […]

(603 P.2d 969) The People of the State of Colorado v. Thomas J. Casias No. 79CA0095Colorado Court of Appeals. Decided October 25, 1979. Convicted in trial to the court of second degree burglary, defendant appealed. Affirmed 1. CRIMINAL LAW — Evidence — Defendant’s Actions — When Apprehended — Sustained — Court’s Finding — Specific Intent […]

In the Matter of Carol Anne Polevoy, Attorney-Respondent. No. 99SA71Supreme Court of Colorado. May 10, 1999 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Attorney Regulation Counsel, Luain T. Hensel, Assistant Regulation Counsel, Denver, Colorado, Attorneys for Complainant. Leonard M. Chesler, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC PER CURIAM. [1] The respondent in this […]

Barbara Moczygemba, Plaintiff-Appellant, v. Colorado Department of Health Care Policy and Financing, Defendant-Appellee. No. 01CA1295Colorado Court of Appeals. May 23, 2002 Page 1084 City and County of Denver District Court No. 01CV0078; Honorable Sheila Ann Rappaport, Judge. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS. Colorado Legal Services, Ellen G. Alires-Trujillo, Peter Komlos-Hrobsky, Denver, Colorado, for […]

Jane Kathryn Conrad, Plaintiff-Appellant, v. Raymond J. Imatani, M.D., and Colorado Permanente Medical Group, P.C., a Colorado corporation, Defendants-Appellees. No. 84CA0791Colorado Court of Appeals. Decided April 17, 1986. Rehearing Denied May 15, 1986. Certiorari Denied (Conrad) August 25, 1986 (86SC209). Appeal from the District Court of the City and County of Denver Honorable John Brooks, […]

(444 P.2d 729) Zelda L. Harvel v. The District Court in and for the County of Jefferson, in the First Judicial District, State of Colorado, and The Honorable Ronald J. Hardesty, one of the Judges thereof, and Myrna Joanne Boe, Joyce Lehman, Joan Bankston and Anne Christophersen. No. 23579.Supreme Court of Colorado. Decided September 3, […]

Industrial Claim Appeals Office Southland Corporation, and Kemper National Insurance Companies, Petitioners, v. Lyndall K. Orth, f/k/a Lyndall Moon, Respondent. No. 97SC671Supreme Court of Colorado. September 14, 1998 Rehearing Denied October 19, 1998. Page 1247 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED Page 1248 Gale A. Norton, Attorney General, Martha […]

The People of the State of Colorado, Plaintiff-Appellant v. Stephen P. PILKINGTON, Defendant-Appellee. No. 06SA327.Supreme Court of Colorado. April 30, 2007. Appeal from the District Court, Adams County, Philip Roan, J. Page 478 Don Quick, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, Colorado, Attorneys for Plaintiff-Appellant. Scheitler Elio, P.C., […]

(577 P.2d 748) Radiology Professional Corporation, a Colorado corporation v. Trinidad Area Health Association, Inc., a Colorado non-profit corporation, Stanley H. Biber, Gloria Skufca, Hanns Schwyzer and Guidbaldo Jiminez No. C-1235Supreme Court of Colorado. Decided April 17, 1978. Rehearing denied May 8, 1978. Petitioner-radiology corporation, brought suit against respondents-health association and four individually named physicians, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Isadore I. WILLIAMS, Defendant-Appellant. No. 02CA2490.Colorado Court of Appeals. Division A. July 15, 2004. Certiorari Denied November 15, 2004. Page 566 Appeal from the District Court, El Paso County, Thomas K. Kane, J. Ken Salazar, Attorney General, Deborah Isenberg Pratt, Assistant Attorney General, Denver, Colorado, for […]

(286 P.2d 622) IOWA MUTUAL INSURANCE COMPANY v. ELSIE ADDY. No. 17,622.Supreme Court of Colorado. Decided August 2, 1955. Rehearing denied August 29, 1955. Claim against insurance company on “substitute vehicle” clause of automobile insurance policy. Judgment for plaintiff. Reversed and Remanded With Directions. 1. AUTOMOBILES — Insurance Policy — Construction. An automobile insurance policy, […]

Joe Dickerson Associates, LLC, a Colorado limited liability corporation; and Joe H. Dickerson, individually, v. Rosanne Marie (Brock) Dittmar. No. 00SC115Supreme Court of Colorado. November 19, 2001 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 98CA1228 JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 996 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

(564 P.2d 111) The People of the State of Colorado v. Jeffrey Taylor Lewis No. 27281Supreme Court of Colorado. Decided May 16, 1977. While serving a sentence in the Nebraska state penitentiary, defendant was returned to Colorado where he pled guilty to a charge of second-degree forgery and was sentenced to an indeterminate sentence at […]

Sky Chefs, a division of Flagship International, Inc., a Delaware corporation, Petitioner-Appellant, v. City and County of Denver, Department of Revenue, Sales, Use, and Occupational Tax Section; Jerry Kempf, individually, and in his capacity as Manager of Revenue; Milo E. Scram, individually, and in his capacity as Deputy Treasurer; Howard Davey, individually, and in his […]

Governor’s Ranch Professional Center, Ltd., and Donald Werking and Gregory Kowalchuk, as additional parties bound by the judgment, Plaintiffs-Appellants, v. Mercy of Colorado, Inc., d/b/a Merco, Inc.; Mercy Health Care Services; Mercy Health Initiatives, Inc.; and Mercy Medical Center, Denver, Colorado, f/k/a Mercy Hospital, Defendants-Appellees, and Merco, Inc., Defendant and Third-Party Plaintiff-Appellee, v. Governor’s Ranch […]

Warren Village, Inc. v. Board of Assessment Appeals of the State of Colorado, Board of County Commissioners, City and County of Denver, and Property Tax Administrator of the State of Colorado No. 79SA261Supreme Court of Colorado. Decided November 3, 1980. Appeal from the District Court of the City and County of Denver, Honorable Zita Weinshienk, […]

Donetta Davidson, Colorado Secretary of State, and George Dibble, Defendants/Appellants, v. Molly McClellan; Charles Mitchell; Marilyn Ferrari; Al Ferrari; Marie Carney; Patricia Farmer; Mary Blue; Anita Gail; Jackie Ragno; Jack Hawkins; and Craig Eley, Plaintiffs/Appellees. No. 99SA240Supreme Court of Colorado. January 22, 2001 Appeal from the District Court, City and County of Denver, Honorable Morris […]

25 P.2d 180 DENVER JOINT STOCK LAND BANK v. MOORE. No. 13,294.Supreme Court of Colorado. Decided July 3, 1933. Rehearing denied September 18, 1933. Controversy over fund held by a garnishee. Decree for judgment creditor Moore. Reversed. On Application for Supersedeas. 1. GARNISHMENT — Property of Debtor. A garnishment can reach only such property as […]

The People of the State of Colorado, Plaintiff-Appellee, v. Mark A. Zamora, Defendant-Appellant. No. 94CA0388Colorado Court of Appeals. Decided June 27, 1996 Petition for Rehearing DENIED August 1, 1996. Opinion Modified, and as Modified, Petition for Rehearing DENIED December 12, 1996. Petition for Writ of Certiorari DENIED. July 21, 1997. Appeal from the District Court […]

(598 P.2d 527) Thomas H. K. Gray v. City of Manitou Springs No. 79CA0186Colorado Court of Appeals. Decided July 19, 1979. Former city police chief appealed dismissal of his complaint, which, on several theories, alleged that he was wrongfully fired. Affirmed in Part, Reversed in Part. 1. LIBEL AND SLANDER — Governmental Immunity Act — […]

(516 P.2d 643) Kenneth R. Gher, as Secretary-Treasurer of School District No. 1 in the City and County of Denver and State of Colorado v. The District Court in and for the County of Adams and State of Colorado; The Honorable Jean J. Jacobucci, Chief Judge of said District Court; the Adams County Grand Jury; […]

Newport Pacific Capital Company, Inc., a California corporation authorized to do business in California, d/b/a The Aspens, Plaintiff-Appellee, v. Michael Waste, Defendant-Appellant. No. 93CA0635Colorado Court of Appeals. Decided June 16, 1994 Appeal from the District Court of Eagle County Honorable William L. Jones, Judge Nos. 93CV10 and 93CV12 JUDGMENT AFFIRMED IN PART, REVERSED IN PART, […]

Kevin McNulty SAUNDERS, Petitioner-Appellant, v. Sondra MURATORI, a/k/a Sondra Saunders, in her capacity as trustee and individually; R. Scott Saunders, in his capacity as trustee, d/b/a Arrowhead Preserve, and individually; Lois Ann Saunders, individually; Arrowhead Preserve, LLC, a Colorado limited liability company; Arrowhead Ranch Properties, LLC, a Colorado limited liability company; and Saunders Ventures, RLLLP, […]

Frank Antal, Jr. v. Delta County Mosquito Control District #1, and/or Delta County, the Director, Division of Labor; the Industrial Commission of Colorado, and State Compensation Insurance Fund No. 81CA0741Colorado Court of Appeals. Decided March 4, 1982. Review of Order from Industrial Commission of the State of Colorado Richard T. Goold, P.C., Richard T. Goold, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Harry A. Strozzi, Defendant-Appellant. No. 83CA0932Colorado Court of Appeals. Decided September 12, 1985. Rehearing Denied October 10, 1985. Certiorari Denied January 31, 1986 (85SC443). Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Page 1101 Duane Woodard, Attorney General, Charles B. Howe, […]

Andrea S. Berger, Trustee in Bankruptcy for W.D. Tripp and Mining Service Exchange, Plaintiff-Appellant, v. Dixon Snow, P.C., and Rod W. Snow, Defendants-Appellees. No. 92CA1764Colorado Court of Appeals. Decided September 9, 1993. Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge Page 1150 Butler, Landrum Pierce, P.C., […]

194 P.2d 299 TAMBLYN ET AL. v. CITY AND COUNTY OF DENVER ET AL. No. 16,015.Supreme Court of Colorado. Decided May 3, 1948. An action to procure the cancellation of a contract for the sale and purchase of the “old courthouse square” in Denver. The trial court granted defendant’s motions for summary judgment. Reversed. 1. […]

(534 P.2d 626) The People of the State of Colorado v. Marcelino Gonzales No. 26046 No. 26009Supreme Court of Colorado. Decided April 21, 1975 Defendant was convicted of criminal impersonation and appealed. Affirmed 1. STATUTES — Constitutionality Presumed — Attack — Burden — Beyond Reasonable Doubt. A statute is initially presumed to be constitutional and […]

The People of the State of Colorado, Plaintiff-Appellee, v. Ron Adam Seigler, Defendant-Appellant. No. 89CA2030Colorado Court of Appeals. Decided November 7, 1991. Rehearing Denied December 12, 1991. Certiorari Granted June 22, 1992 (92SC28). Certiorari Granted on the following issues: Whether the court of appeals erred in ruling that no error occurred in denying petitioner a […]

Laura Moody, Plaintiff-Appellant, v. Roger Larsen, as District Attorney for the 11th Judicial District of the State of Colorado, Defendant-Appellee. No. 87CA0428Colorado Court of Appeals. Decided November 8, 1990. Appeal from the District Court of Fremont County Honorable George Gibson, Judge. Anthony J. DiCola, Ellen S. Roberts, for Plaintiff-Appellant. William Alderton, Deputy District Attorney, for […]

The People of the State of Colorado, Plaintiff-Appellee, v. David Densley Andrews, Defendant-Appellant. No. 84CA1009Colorado Court of Appeals. Decided May 29, 1986. Rehearing Denied July 3, 1986. Certiorari Denied Andrews December 8, 1986 (86SC277). Appeal from the District Court of the City and County of Denver Honorable Lynne M. Hufnagel, Judge Page 998 Duane Woodard, […]

163 P.2d 650 BALL v. THE PEOPLE. No. 15,616.Supreme Court of Colorado. Decided October 1, 1945. Plaintiff in error was found guilty of statutory rape. Affirmed. 1. CRIMINAL LAW — Flight — Instructions. In a criminal case, it is held under the facts disclosed by the record, that the court was justified in giving an […]

Colorado for Family Values, a Colorado non-profit corporation, Plaintiff-Appellant, v. Natalie Meyer, Secretary of State, State of Colorado, Defendant-Appellee. No. 95CA2196Colorado Court of Appeals. March 20, 1997 Appeal from the District Court of the City and County of Denver Honorable R. Michael Mullins, Judge No. 94CV1295 JUDGMENT AFFIRMED Martin D. Kuhn, Colorado Springs, Colorado, for […]

163 P.2d 646 McGLONE ET AL. v. CITY AND COUNTY OF DENVER. No. 15,343.Supreme Court of Colorado. Decided October 1, 1945. Rehearing denied November 26, 1945. An action on the bond of a municipal officer to recover for funds lost in a bank failure. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Pleading — […]

Civil Service Commission, City and County of Denver, Petitioner-Appellee, v. John E. Pinder, Respondent-Appellant. In re Request for Access to Public Records dated January 11, 1988. No. 88CA1909Colorado Court of Appeals. Decided February 15, 1990. Rehearing Denied March 22, 1990. Certiorari Granted September 4, 1990 (90SC226). Certiorari Granted on the following issues: Is section § […]

The People of the State of Colorado, Petitioner, v. District Court in and for the First Judicial District, Jefferson County, Colorado, and the Honorable Winston W. Wolvington, one of the Judges thereof, Respondents, and Milton L. Born-With-A-Tooth, Defendant-Intervenor. No. 88SA287Supreme Court of Colorado. Decided January 17, 1989. Original Proceeding Page 1209 Donald E. Mielke, District […]

Board of County Commissioners, County of Larimer, and Richard D. Lamm, Governor of the State of Colorado, State of Colorado and State of Colorado Department of Health v. Grace Srb, individually and as administratrix or personal representative of the Estate of Hugo F. Srb No. 79SC277Supreme Court of Colorado. Certiorari dismissed May 12, 1980. [1] […]

(350 P.2d 1067) WILLIAM PARKER v. ELNORA PARKER BY HER MOTHER AND NEXT FRIEND, NELLIE PARKER. No. 18,856.Supreme Court of Colorado. Decided April 11, 1960. Proceedings involving custody of children in divorce action. Judgment for plaintiff. Affirmed. 1. DIVORCE — Custody of Children — Ex parte Order — Validity. A ex parte order of court […]

(361 P.2d 437) WALTER CARTER v. MARVIN H. PIGG, D/B/A PIKES PEAK HEARING CENTER. No. 19,287.Supreme Court of Colorado. Decided April 24, 1961. Action for refund of money paid for hearing aid. Judgment for defendant. Affirmed. 1. APPEAL AND ERROR — Trial — Evidence — Findings. Where no question of law were involved, the controversy […]

(220 P.2d 377) TENNIGKEIT v. TENNIGKEIT. No. 16,472.Supreme Court of Colorado. Decided June 12, 1950. An action for divorce and alimony, and for custody of minor children. Judgment for plaintiff wife. PER CURIAM. Judgment affirmed en banc without written opinion, MR. JUSTICE HOLLAND not participating. Error to the District Court of Kit Carson County, Hon. […]

50 P.2d 541 DAVISON ET AL. v. TUCKER. No. 13,548.Supreme Court of Colorado. Decided October 7, 1935. Action for contribution. Judgment of dismissal. Reversed. 1. PLEADING — Contribution — Complaint. In an action for contribution based upon a judgment, the fact that the journal entry of the judgment involved is made a part of the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Larry D. Lucas, Defendant-Appellant. No. 98CA0129Colorado Court of Appeals. March 4, 1999 As Modified on Denial of Rehearing June 24, 1999 Certiorari Denied Feb. 14, 2000. Appeal from the District Court of Pueblo County, Honorable C. Dennis Maes, Judge, No. 97CR227 JUDGMENT AFFIRMED AND CAUSE REMANDED […]

20 P.2d 308 STARK LUMBER COMPANY ET AL. v. KEYSTONE INVESTMENT COMPANY. No. 13,129.Supreme Court of Colorado. Decided February 14, 1933. Rehearing denied March 20, 1933. Action to quiet title. Decree for plaintiff. Affirmed. On Application for Supersedeas. 1. MECHANICS’ LIENS — Quieting Title. This case ruled by Stark Lumber Co. v. Keystone Inv. Co., […]

(534 P.2d 313) The People of the State of Colorado v. Leonard G. Kramer No. 26569Supreme Court of Colorado. Decided April 7, 1975. Rehearing denied May 5, 1975 Original proceeding in discipline involving attorney who had been grossly negligent in handling of probate estate matter and who also had borrowed various sums of estate moneys […]

The City of Lakewood, a Colorado municipal corporation v. George E. DeRoos, Midland Federal Savings and Loan Association, First National Bank of Denver, and Donald E. Couch, Treasurer, County of Jefferson, State of Colorado No. 79CA0372Colorado Court of Appeals. Decided February 13, 1981. Rehearing denied March 12, 1981. Certiorari denied July 13, 1981. Appeal from […]

The People of the State of Colorado v. Jesse Boyd Hamrick No. 78-045Colorado Court of Appeals. Decided February 1, 1979. Rehearing denied March 1, 1979. Certiorari granted June 11, 1979. Publication Effected March 6, 1981 by Order of the Supreme Court. Page 1334 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

Dependents of John P. Butkovich (deceased), Petitioners, v. T. L. Printz Construction, The Industrial Commission of the State of Colorado and State Compensation Insurance Fund, Respondents. No. 85CA1026 No. 85CA1041Colorado Court of Appeals. Decided January 2, 1986. Rehearings Denied January 30, 1986. Summary Reviews Denied March 10, 1986 (86SC14) and (86SC18). Certiorari Granted March 10, […]

36 P.2d 770 DENVER AND SALT LAKE RAILWAY COMPANY v. BEDARD. No. 13,255.Supreme Court of Colorado. Decided July 2, 1934. Rehearing denied October 1, 1934. Action by section foreman against a railway company for damages for personal injuries. Judgment for plaintiff. Reversed. 1. RAILROADS — Negligence — Proof. In an action against a railway company […]

The PEOPLE of the State of Colorado, Complainant, v. Richard Tell WEHRLE, Respondent. No. 06PDJ006.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Court of Colorado. March 20, 2007. Attorney Regulation. Following a sanctions hearing, a Hearing Board disbarred Richard Tell Wehrle (Attorney Registration No. 03369) from the practice of law, effective […]

(563 P.2d 969) Donald Kehn v. Spring Creek Village I, a limited partnership and Urban Development and Construction Corporation; Ronald A. Mesec; United American Real Estate Fund; 1973 Partnership, a limited partnership, and its general partner; International Investments and Managements Corp.; Lambrecht Realty Company; Roth Builders, Ltd.; Colorado Plumbing and Heating; and Case Power and […]

Charlene Ager; Robert W. Burns; Marjorie Duffy; Paul Gilbert; Monty D. Harrison; R. Burnell Held; W. Dwain Miller; Elmar Reiter; Rodney Skogerboe; William Thomas; on behalf of themselves and as representatives of the class herein defined, Plaintiffs-Appellees and Cross-Appellants, v. Public Employees’ Retirement Association Board; Public Employees’ Retirement Association; Robert J. Scott; Frank Taulli; Marsha […]

Robert O. Lee, D.D.S., P.C., Petitioner-Appellant, v. The State Board of Dental Examiners of the State of Colorado; and Willis V. Kittleman, Jr., D.D.S., O. J. Lucero, D.D.S., Thomas E. Moran, D.M.D., William J. Jagger, D.D.S., Fred D. Greenblatt, D.D.S., Carole Odden, D.H., Shirley Schroeder, D.H., H. Conway Gandy, Esq., the individual members thereof, Respondents-Appellees. […]

(220 P.2d 546) PERCIFIELD v. ROSA ET AL. No. 16,448.Supreme Court of Colorado. Decided July 1, 1950. An action to enjoin the foreclosure of a trust deed real property, and for the construction of a deed thereto. Judgment for defendants. Affirmed. 1. REAL PROPERTY — Contracts — Deeds — Evidence. Where a contract for the […]

(366 P.2d 560) JEANNE FRANK v. A. JACKSON WHINERY No. 19,712.Supreme Court of Colorado. Decided November 27, 1961. Action for damages resulting from collision of automobiles. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Right of Way — Reasonable Care. The driver of an automobile having the right-of-way at an intersection, must nevertheless continue to exercise […]

Hefley Ranch, Inc., Plaintiff-Appellant, v. John A. Stewart, Defendant-Appellee. No. 87CA0946Colorado Court of Appeals. Decided October 27, 1988. Appeal from the District Court of Baca County Honorable Norman L. Arends, Judge John Gehlhausen, P. C., John Gehlhausen, Darla K. Scranton, for Plaintiff-Appellant. No appearance for Defendant-Appellee. Division I. Opinion by JUDGE HUME. [1] Plaintiff, Hefley […]

12 P.2d 1117 HINES ET AL. v. STREET. No. 13,122.Supreme Court of Colorado. Decided June 27, 1932. Judgment affirmed en banc on application for supersedeas without written opinion. Error to the County Court of the City and County of Denver, Hon. F. F. Hunter, Judge. Mr. FRED S. CALDWELL, for plaintiffs in error. Mr. FOSTER […]

Fourth Main Company, a Colorado corporation, J B Investment Co., a partnership, and K K Investment Co., a partnership v. The Joslin Dry Goods Company, a Colorado corporation and Mercantile Stores Company, Inc., a New York corporation No. 81CA0500Colorado Court of Appeals. Decided March 25, 1982. Rehearing denied April 22, 1982. Certiorari denied July 12, […]

(437 P.2d 783) Bakery and Confectionery Workers’ International Union of America (Independent) Local Union No. 240; Bakery and Confectionery Workers’ International Union of America (Independent), Local Union No. 26, Unincorporated Associations, and Joseph F. Negri v. American Bakery and Confectionery Workers’ International Union (AFL-CIO) Local Union No. 240, Unincorporated Association, and Irene Tuttle, Fred Tschiffely, […]

Yvonne MEDINA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. Phillip Moses, Petitioner, v. The People of the State of Colorado, Respondent. Nos. 04SC167, 04SC334.Supreme Court of Colorado. En Banc. June 27, 2005. Appeal from the District Court, Jefferson County. R. Brooke Jackson, J. Page 846 David S. Kaplan, Colorado State Public Defender, […]

Rose M. Peister and E.L. Peister, Plaintiffs-Appellants, v. State of Colorado, Department of Social Services, Office of Appeals; State of Colorado, Department of Social Services; Douglas County Department of Social Services; Pattie Kotzer, Eligibility Technician; Carol Clark, Eligibility Technician; Defendants-Appellees. No. 91CA1833 No. 92CA0215Colorado Court of Appeals. Decided December 31, 1992. Rehearing Denied February 25, […]

(486 P.2d 1048) Hazel B. Draper v. School District No. 1, City and County of Denver, and State of Colorado; Board of Education, School District No. 1, City and County of Denver, and State of Colorado No. 24147Supreme Court of Colorado. Decided June 28, 1971 Action by transferred elementary school principal to compel school district […]

Thomas A. Cary and Beth Hanna, individually and on behalf of their minor daughter, Dena Cary, Plaintiffs-Appellants and Cross-Appellees, v. United of Omaha Life Insurance Company and Mutual of Omaha of Colorado, Inc., d/b/a Antero Health Plans, Defendants-Appellees and Cross-Appellants. No. 00CA0681.Colorado Court of Appeals. August 30, 2001. Certiorari Granted April 8, 2002 City and […]

27 P.2d 491 SMITH ET AL. v. SCHREIBER. No. 13,360.Supreme Court of Colorado. Decided October 23, 1933. Rehearing denied December 4, 1933. Action to recover possession of real property. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. VENDOR AND PURCHASER — Option — Unlawful Detainer. Where a vendee in possession of real property under […]

Eric DAVENPORT, Petitioner, v. COMMUNITY CORRECTIONS OF THE PIKES PEAK REGION, INC., Respondent. No. 97SC266.Supreme Court of Colorado. En Banc. June 29, 1998. Opinion Modified, and as Modified, Petition for Rehearing DENIED July 27, 1998. Page 964 Appeal from the District Court, El Paso County, David D. Parrish, J. Roberta Earley, Colorado Springs, Drew Moore, […]

(358 P.2d 478) LEILA H. McPHERSON, ADMINISTRATRIX, ETC. v. WILLIAM S. McPHERSON, JR., ADMINISTRATOR. No. 19,183.Supreme Court of Colorado. Decided December 23, 1960. Rehearing denied January 23, 1961. From dismissal of claim against estate, the claimant brings error. Reversed. 1. ESTATES — Claims — Motion to Dismiss — Laches — Limitations — Rules. The statute […]

B.A. Leasing Corporation; B.A. Leasing Assets, Inc., Colorado State Bank; Decimus Corporation; Gates Rubber Company; Honeywell Information Systems, Inc.; Kaiser Foundation Health Plan of Colorado, Inc.; Samsonite Corporation; Sperry Corporation; Adolph Coors Company; Coors Porcelain Company; and Coors Container Company, Petitioners-Appellants, v. The State Board of Equalization of the State of Colorado; The County Board […]

81 P.2d 378 FREDERICKSEN ET AL. v. CITY AND COUNTY OF DENVER ET AL. No. 14,338.Supreme Court of Colorado. Decided June 27, 1938. Rehearing denied July 11, 1938. Suit to declare void proceedings relative to the establishment of a city street improvement district. Judgment of dismissal. Reversed. 1. PLEADING — Demurrer — Admissions. For the […]

The People of the State of Colorado, Complainant, v. Andre Keith Silvola, Attorney-Respondent. No. 96SA41Supreme Court of Colorado. April 15, 1996 Original Proceeding in Discipline ATTORNEY SUSPENDED Page 1282 Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Andre Keith Silvola, Pro Se, Colorado Springs, Colorado. EN BANC PER […]

(526 P.2d 1335) Curtis, Inc., a Delaware Corporation v. The District Court in and for the City and County of Denver, State of Colorado and The Honorable Robert E. McLean, one of the Judges thereof No. 26511Supreme Court of Colorado. Decided September 30, 1974. Original proceeding in which petitioner trucking corporation sought a writ of […]

Charles M. Beigel, Petitioner, v. The People of the State of Colorado, Respondent. No. 82SC138Supreme Court of Colorado. Decided June 4, 1984. Certiorari to the Colorado Court of Appeals Page 1189 J. Gregory Walta, Colorado State Public Defender, Barbara S. Blackman, Deputy State Public Defender, for petitioner. Duane Woodard, Attorney General, Charles B. Howe, Deputy […]

(338 P.2d 103) INDUSTRIAL COMMISSION OF COLORADO, ET AL. v. EDITH B. BALDWIN, ET AL. No. 18,887.Supreme Court of Colorado. Decided April 20, 1959. From a judgment reversing an order of the Industrial Commission denying compensation to claimants, the Commission and the employer bring error. Reversed and Remanded With Directions. 1. WORKMEN’S COMPENSATION — Employer […]