Category: Colorado Court Opinions

State Department of Highways, Division of Highways, State of Colorado, Petitioner-Appellee, v. The Denver and Rio Grande Western Railroad Company, a Delaware corporation, Respondent-Appellant. No. 86CA0282Colorado Court of Appeals. Decided May 26, 1988. Rehearing Denied July 21, 1988. Certiorari Granted State January 9, 1989 (88SC402). Certiorari granted on following issue: Did the Court of Appeals […]

9 P.2d 280 HEIMBECHER v. CITY AND COUNTY OF DENVER. No. 12,620.Supreme Court of Colorado. Decided March 7, 1932. Eminent domain proceeding. Respondent brings error because of alleged insufficiency of award. Judgment Affirmed. 1. REAL PROPERTY — Conveyance — Boundaries — Nonnavigable Stream. At common law the general presumption was that a conveyance of lands […]

204 P.2d 1075 ROSE v. ROSO ET AL. No. 16,072.Supreme Court of Colorado. Decided March 28, 1949. An action to quiet title to two city lots. The trial court found plaintiff to be the owner of one of the lots, but the owner of only a six-tenths interest in the other. Affirmed. 1. TRIAL — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Corwin H. Schlicht, Defendant-Appellant. No. 84CA0023Colorado Court of Appeals. Decided September 5, 1985. Rehearing Denied October 3, 1985. Appeal from the District Court of Grand County Honorable Richard P. Doucette, Judge Page 95 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. […]

59 P.2d 1182 MILE HIGH POULTRY FARMS v. McKELVY. No. 13,595.Supreme Court of Colorado. Decided June 29, 1936. Judgment affirmed in department without written opinion, Mr. Justice Burke, sitting for Mr. Chief Justice Campbell, Mr. Justice Bouck and Mr. Justice Young, participating. Error to the District Court of the City and County of Denver, Hon. […]

The People of the State of Colorado, Complainant, v. Montie L. Barringer, Respondent. No. 99PDJ052.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. July 19, 2001. [1] Attorney Regulation. The Presiding Disciplinary Judge and Hearing Board disbarred the Respondent, Montie L. Barringer from the practice of law in this default proceeding. Barringer […]

Darewood R. Dugan, Petitioner, v. Industrial Commission of the State of Colorado, State Compensation Insurance Fund, and Security Welding, Respondents. No. 84CA0222Colorado Court of Appeals. Decided October 18, 1984. Review of Order from the Industrial Commission of the State of Colorado Page 268 Stephen A. Tisdel, for Petitioner. William J. Baum, Richard G. Fisher, Jr., […]

(533 P.2d 501) The People of the State of Colorado in the Interest of W.C., J.C., and B.H., and Concerning A.C., and D.H., and L.J.H. No. 74-356Colorado Court of Appeals. Decided March 18, 1975. As a result of adjudicatory hearing tried to a jury, juvenile court entered order declaring children dependent or neglected, and mother […]

(578 P.2d 637) James J. Duncan and Hannah F. Duncan v. Schuster-Graham Homes, Inc. No. C-1216Supreme Court of Colorado. Decided January 9, 1978. Rehearing denied May 30, 1978. Action for damages by purchasers of previously occupied home against sellers for alleged breach of an implied warranty of habitability. The trial court denied the claim, the […]

121 P.2d 891 In re Austjford. AUSTJFORD v. GUTHNER, MANAGER OF SAFETY. No. 14,419.Supreme Court of Colorado. Decided January 26, 1942. A habeas corpus proceeding. Petition dismissed. Reversed. 1. HABEAS CORPUS — Unlawful Arrest — State Compact — Extradition. The state compact under which any member of another state peace unit may enter Colorado and […]

(471 P.2d 600) Landon R. Williams v. William R. Nelson, Warden and Sheriff of the County Jail and William L. Koch, Manager of Safety and Ex Officio Sheriff of the City and County of Denver. No. 24528.Supreme Court of Colorado. Decided June 22, 1970. Rehearing denied July 13, 1970. Petition for writ of habeas corpus […]

113 P.2d 424 THE PEOPLE v. AGNEW. No. 14,694.Supreme Court of Colorado. Decided April 14, 1941. Rehearing denied May 19, 1941. Defendant in error was charged with violating the Colorado Aeronautics Act. Motion to quash the information sustained and cause dismissed. Reversed. 1. CRIMINAL LAW — Constitutional Law — Title of Acts. So far as […]

(213 P.2d 387) GARCIA v. THE PEOPLE. No. 16,206.Supreme Court of Colorado. Decided December 19, 1949. Plaintiff in error was convicted of larceny of livestock. Reversed. 1. CRIMINAL LAW — Larceny — Corpus Delicti. The corpus delicti in a larceny case consists of two elements: That the property was lost by the owner; and that […]

(525 P.2d 492) Betty Kathryn Bradley, Individually and as Administratrix of the Estate of Betty Rea Mann, a/k/a Betty R. Mann, deceased, and Andrea Kristine Mann, Alan Jack Mann, and Glenn Thomas Mann, minors, by Betty Kathryn Bradley, their sister and next best friend v. Aaron C. Mann, a/k/a Aaron Cantrell Mann, and all unknown […]

Mark and Erica Van Wyk, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Public Service Company of Colorado, a Colorado corporation, Defendant-Appellee. No. 98CA2102Colorado Court of Appeals. June 24, 1999 Appeal from the District Court of Douglas County, Honorable Scott W. Lawrence, Judge, No. 97CV739. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, […]

Charles R. Polk, Petitioner, v. The Denver District Court; and The Honorable Herbert L. Stern, III, a Judge of the Denver District Court, Respondents. No. 92SA330Supreme Court of Colorado. Decided March 22, 1993. Original Proceeding Page 24 Richard B. Podoll, John J. Eberle, Podoll Podoll, P.C., for Petitioner. Brian J. Berardini, Brown Berardini, P.C., for […]

(580 P.2d 801) Ervin Houston v. Michael A. Younghans No. C-1387Supreme Court of Colorado. Decided July 3, 1978. Action to enforce a debt arising from social gambling. Judgment for respondent. The district court affirmed and certiorari was granted. Affirmed 1. GAMING — “Social Gambling” — Game — Bona Fide Social Relationship — Action — Enforce […]

174 P.2d 952 EVANS ET AL. v. FISHER. No. 15,465.Supreme Court of Colorado. Decided December 2, 1946. Judgment affirmed en banc without written opinion. Error to the District Court of Grand County, Hon. Charles E. Herrick, Judge. Mr. THOMAS K. HUDSON, Mr. J. FRED SCHNEIDER, Mr. CHARLES H. HAINES, for plaintiffs in error. Messrs. WOLVINGTON […]

(535 P.2d 508) Clarence Stiger, Jr., d/b/a Longmont Auto Sales, Ltd. v. The District Court in and for the County of Boulder, State of Colorado, and the Honorable Howard O. Ashton, One of the Judges thereof No. 26665Supreme Court of Colorado. Decided May 19, 1975 Original proceeding by petitioner for relief in nature of prohibition […]

The Colorado Department of Revenue, Motor Vehicle Division, Petitioner, v. Leland Ray Smith, II, Respondent. The Colorado Department of Revenue, Motor Vehicle Division, Petitioner, v. Joseph Zucchini, Respondent. No. 80SC321Supreme Court of Colorado. Decided February 16, 1982. Certiorari to the Colorado Court of Appeals Page 1144 J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy […]

(452 P.2d 382) In Re Interrogatories propounded by the Senate concerning House Bill 1060. No. 24096.Supreme Court of Colorado. Decided April 3, 1969. Original proceeding involving request for opinion by Senate of Forty-seventh General Assembly as to the constitutionality of House Bill 1060 which would amend statute and thereby remove certain counties from fourth judicial […]

(592 P.2d 16) In re the Custody of James Martin Zumbrun and Laura Renee Zumbrun. John P. Zumbrun v. Joan Zumbrun No. 77-1060Colorado Court of Appeals. Decided December 28, 1978. Rehearing denied January 18, 1979. After multiple actions in three states concerning the custody of the parties’ children, father brought action under Uniform Child Custody […]

George Carberry, Plaintiff-Appellee. v. Adams County Task Force on Alcoholism, and the State of Colorado, Defendants-Appellants. No. 82SA38Supreme Court of Colorado. Decided November 15, 1983. Rehearing Denied November 29, 1983. Appeal from the District Court of Adams County, Honorable Harlan R. Bockman, Judge. Page 207 Richard M. Borchers, for plaintiff-appellee. J. D. MacFarlane, Attorney General, […]

R. James GIGUERE; Margarete T. Giguere; Dr. Fielding Fromberg; Flossie Fromberg; Fromberg Family 1999 Trust; Dr. Victor E. Pollak; N. Ann Pollak; Harlow Sprouse; Jerre Sprouse; and St. Anton Condominium Association, Plaintiffs-Appellants and Cross-Appellees, v. SJS FAMILY ENTERPRISES, LTD., Defendant-Appellee and Cross-Appellant. No. 04CA0947.Colorado Court of Appeals. August 10, 2006. As Modified on Denial of […]

(506 P.2d 125) The People of the State of Colorado v. Cliff Alvin Lewis No. 25124Supreme Court of Colorado. Decided February 13, 1973. Rehearing denied February 26, 1973. Defendant was convicted of breaking and entering a store with intent to commit the crime of theft and appealed. Affirmed 1. WITNESSES — Order of Proof — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Roy A. Melanson, Defendant-Appellant. No. 93CA1777Colorado Court of Appeals. August 8, 1996. Opinion Modified, and As Modified, Petitions for Rehearing DENIED October 10, 1996. Petition for Writ of Certiorari DENIED. June 2, 1997. Appeal from the District Court of Gunnison County Honorable Richard J. Brown, Judge, […]

(413 P.2d 190) Frankfort Oil Company, a Division of Joseph E. Seagram Son, Inc. v. Harry R. Abrams, etc. No. 21071Supreme Court of Colorado. Decided April 11, 1966. Action by oil company as mineral leaseholder against surface owner for an injunction. From a judgment in favor of surface owner on his counterclaim for damages for […]

CITY OF COLORADO SPRINGS, Colorado, Petitioner-Appellee, v. ANDERSEN MAHON ENTERPRISES, LLP, f/k/a Anderson Mahon Enterprises, a Colorado general partnership, Respondent-Appellant. No. 09CA1087.Colorado Court of Appeals. April 1, 2010. Appeal from the District Court, El Paso County, Kirk S. Samelson, J. Page 30 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

47 P.2d 390 COWEN ET AL. v. DRISCOLL CONSTRUCTION COMPANY. No. 13,671.Supreme Court of Colorado. Decided May 20, 1935. Rehearing denied July 1, 1935. Action in ejectment. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. EJECTMENT — Title — Proof. In actions in ejectment plaintiff must prevail, if at all, upon the strength of […]

Anna FIERRO, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 07SC788.Supreme Court of Colorado. April 27, 2009. Page 460 Douglas K. Wilson, Public Defender, Anne Stockham, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner. John W. Suthers, Attorney General, John D. Seidel, Assistant Attorney General, Denver, Colorado, Attorneys for Respondent. Justice […]

TAXPAYERS AGAINST CONGESTION, a registered issue committee; Dennis Polhill, a registered Colorado elector; and Jon Caldara, a registered Colorado elector, Plaintiffs-Appellants, v. REGIONAL TRANSPORTATION DISTRICT; Adams County Clerk Recorder; Arapahoe County Clerk and Recorder; Boulder County Clerk and Recorder; Broomfield County Clerk and Recorder; Denver Election Commission; Douglas County Clerk and Recorder; Jefferson County Clerk […]

People of the State of Colorado, Plaintiff-Appellant, v. Rodney Brewer and Debbie Brewer, Defendants-Appellees. No. 84SA249Supreme Court of Colorado. Decided November 26, 1984. Interlocutory Appeal from the District Court Rio Grande County Honorable O. John Kuenhold, Judge Page 861 Eugene L. Farish, District Attorney, for Plaintiff-Appellant. David F. Vela, Colorado State Public Defender, Jeff Boyd […]

(320 P.2d 968) NORTH STERLING IRRIGATION DISTRICT, ET AL. v. JOHN KNIFTON, ET AL. No. 18,118.Supreme Court of Colorado. Decided January 27, 1958. Rehearing denied February 17, 1958. Action to quiet title to oil and gas rights claimed by defendants under deed granting right of way for irrigation canal. Judgment for plaintiffs. Affirmed. 1. DEEDS […]

(572 P.2d 828) Judith R. (DiLiello) Pollock v. City and County of Denver; The Denver Board of Water Commissioners; John Yellenick, Charles Brannan, William Temple, James B. Kenney, Jr., Richard S. Shannon, Jr., and the City of Aurora No. 27418Supreme Court of Colorado. Decided December 19, 1977. Action for wrongful death of plaintiff’s five-year-old child. […]

(268 P.2d 411) SEIFRIED v. MOSHER ET AL. No. 17,224.Supreme Court of Colorado. Decided March 1, 1954. Rehearing denied March 29, 1954. An action for damages resulting from an automobile accident. Judgment for plaintiffs. Affirmed. 1. NEGLIGENCE — Jury Question. “Negligence is generally for the jury, and always so when the measure of duty is […]

Grayce M. Connes, Plaintiff-Appellant, v. Molalla Transport Systems, Inc., a Washington corporation, Defendant-Appellee. No. 90CA0675Colorado Court of Appeals. Decided March 28, 1991. Opinion Modified, and as Modified Rehearing Denied May 16, 1991. Certiorari Granted September 23, 1991 (91SC358). Certiorari Granted on the following issues: Whether the court of appeals erred in affirming the grant of […]

(358 P.2d 870) RANDY LAVERNE SPOO AND TERRENCE LEE SPOO, MINORS, ETC., ET AL. v. DORIS E. SPOO, ET AL. No. 19,516.Supreme Court of Colorado. Decided January 16, 1961. Proceeding to review allocation of funds by Industrial Commission as between widow and minor children of prior marriage of decedent arising out of death claim. From […]

Robert R. Vanderbeek; William C. Bacon; and Dorothy Severson, in their capacity as co-trustees on behalf of the James W. Vanderbeek Generation-Skipping Transfer Trust UTA 6-21-82 Tax ID No. 7012717, petitioners v. Vernon Corporation, a British West Indies Corporation, Respondent. No. 00SC960Supreme Court of Colorado. June 17, 2002 Rehearing Denied August 5, 2002 Certiorari to […]

Dr. Richard F. Dominquez, Plaintiff-Appellant, v. Henry A. Babcock; Joan N. Brooks; C. Richard Groves; Scott J. Marshall; Deborah A. Carnell; Richard S. Culver; Robert R. Faddick; Richard D. Gauthier; Mark W. Ljungvall; Dale Forman; Robert J. Taylor; Harry C. Peterson; Karl R. Nelson; Gabriel M. Neunzert; James W. Martin; James G. Johnstone; Fred R. […]

Charles E. Sutton and Jack L. Lowe, Complainants-Appellees and Cross-Appellants, v. University of Southern Colorado, Respondent-Appellant and Cross-Appellee, and State Personnel Board, Appellee. No. 92CA1932Colorado Court of Appeals. Decided February 24, 1994 Appeal from the State Personnel Board, No. 845-B-113, No. 845-B-119 Page 651 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 652 Joe T. […]

Board of County Commissioners of Morgan County, Colorado, Petitioner, v. Rainsford J. Winslow, Respondent. No. 83SC415Supreme Court of Colorado. Decided September 30, 1985. Rehearing Denied October 21, 1985. Certiorari to the Colorado Court of Appeals William H. ReMine, III, Montgomery, Little, Young, Campbell McGrew, P.C., for Petitioner. Page 793 Rainsford J. Winslow, for Respondent. EN […]

Douglas BRUCE, Plaintiff-Appellant, v. CITY OF COLORADO SPRINGS, a home rule city and Colorado municipal corporation; Title-Setting Board; Patricia Kelly, Cindy Conway, and Robert Briggle, in their official capacities as members of the City Title-Setting Board, Defendants-Appellees. No. 08CA0239.Colorado Court of Appeals. December 24, 2008. Page 1141 Appeal from the District Court, El Paso County, […]

The People of the State of Colorado, Petitioner, v. Marvin Andrew Rollins, Respondent. No. 93SC682Supreme Court of Colorado. Decided March 20, 1995. Opinion Modified, and as Modified, Petition for Rehearing DENIED April 10, 1995. Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 867 Gale A. Norton, Attorney General, […]

(405 P.2d 735) Larry Washington v. The People of the State of Colorado. No. 21244Supreme Court of Colorado. Decided September 13, 1965. Rehearing denied October 4, 1965. Defendant was convicted of murder in the second degree and brings error. Affirmed. 1. HOMICIDE — Evidence — Admissibility — United States Supreme Court — Decision — Applicability. […]

(443 P.2d 990) Merrill Reynolds and Bernarr G. Roper v. Richard L. Armstead, d/b/a Armstead Masonry Company. No. 23268.Supreme Court of Colorado. Decided July 22, 1968. Action on account by contractor against home owner. From an amended judgment in favor of contractor, the home owner brought error. Affirmed. 1. CONTRACTS — Contractor — Recovery — […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. FRED BAUDER, Attorney-Respondent. No. 96SA472Supreme Court of Colorado. July 14, 1997 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Fred Bauder, Pro Se, Crestone, Colorado. EN BANC PER CURIAM [1] A hearing panel […]

PARTNERS IN CHANGE, L.L.C., a Colorado limited liability company, and John R. Newsome, District Attorney for the Fourth Judicial District, Plaintiffs-Appellants, v. Eric PHILP, Chair of the Domestic Violence Offender Management Board, and the Domestic Violence Offender Management Board within the Division of Criminal Justice in the Colorado Department of Public Safety, Defendants-Appellees. No. 07CA1536.Colorado […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard Lee RIEGER, Defendant-Appellant. No. 03CA1900.Colorado Court of Appeals. November 3, 2005. As Modified on Denial of Rehearing December 29, 2005. Appeal from the District Court, El Paso County, No. 02CR4770, Theresa M. Cisneros, J. John W. Suthers, Attorney General, Wendy J. Ritz, Assistant Attorney General, […]

(563 P.2d 979) Scott M. Edwards v. St. Paul Title Insurance Co., a Missouri corporation doing business in Colorado No. 76-404Colorado Court of Appeals. Decided April 21, 1977. In action on title insurance, trial court granted summary judgment to insurer, and plaintiff appealed. Affirmed 1. INSURANCE — Title — Existence — Water and Sanitation District […]

Mary Schoonover, Plaintiff-Appellee, v. Hedlund Abstract Company, Inc., a Colorado corporation, Defendant-Appellant. No. 85CA0593Colorado Court of Appeals. Decided August 21, 1986. Rehearing Denied September 18, 1986. Appeal from the District Court of Lincoln County Honorable M. Jon Kolomitz, Judge Page 409 Haskell Crandell, Ralph E. Crandell, for Plaintiff-Appellee. George J. Francis, for Defendant-Appellant. Division I. […]

(475 P.2d 331) H.A. Winter, Barney Iuppa, Tony Pantano, Philip Veltri, Fred Vidano, P.A. DeVoss, Frank Dalvit, R.M. Jolly, John Veltri, A.G. Winter, A.R. Terry, Rex Duffy, The Northside Ditch Company, The Chicosa Irrigating Ditch Company, and The Lujan Irrigating Ditch Company v. Joe Tarabino, Tarabino Real Estate Company, Inc., Ernest C. Schrader, Grace Schrader, […]

William S. Fluke, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, and The Division of Labor and Training, Respondents. No. 89CA1768Colorado Court of Appeals. Decided September 27, 1990. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Withers, Seidman Rice P.C., Charles E. Withers, for Petitioner. […]

(478 P.2d 665) Robert Thornton, Herman F. Brueggeman, Byron L. Akers, Jr., and William R. Aman v. The City of Colorado Springs and the Department of Highways, State of Colorado. No. 22742.Supreme Court of Colorado. Decided December 28, 1970. Action by abutting landowners to enjoin defendants, city and department of highways, from proceeding with construction […]

115 P.2d 395 McCANN v. DOUGHTY. No. 14,815.Supreme Court of Colorado. Decided June 23, 1941. Action by a daughter against her father to enforce an alleged oral agreement between the parents to hold their property in trust for the benefit of the daughter, and eventually to transfer it to her. Judgment of dismissal. Affirmed. 1. […]

WAY ARCHITECTS, P.C., a Colorado professional corporation, Plaintiff-Appellee, v. ROCKRIMMON ELDERLY HOUSING LIMITED PARTNERSHIP, a Colorado limited partnership; Rockrimmon Family Housing Limited Partnership, a Colorado limited partnership; and Concorde Capital Corporation, Defendants-Appellants, and Descon Engineers, Inc., d/b/a RMG PC Engineers; and CTL Thompson, Inc., Defendants-Appellees. No. 04CA0300.Colorado Court of Appeals. June 16, 2005. Certiorari Denied […]

132 P.2d 454 SELK v. RAMSEY. No. 15,017.Supreme Court of Colorado. Decided December 21, 1942. A proceeding under the statute concerning dependent children. An appeal to the district court from a judgment in favor of petitioner was dismissed. Affirmed. 1. APPEALS — County to District Court — Statutes. Section 165, chapter 46, ’35 C.S.A., relates […]

(283 P.2d 959) WESTERN SURETY COMPANY v. MAY MERCANTILE ASSOCIATION. No. 17,503.Supreme Court of Colorado. Decided May 16, 1955. Action against surety on employee’s fidelity bond. Judgment for plaintiff. Affirmed. 1. PRINCIPAL AND SURETY — Fidelity Bond — Fraudulent Conduct. An act to be “fraudulent or dishonest” under the provisions of a fidelity policy, is […]

The Travelers Insurance Company v. Industrial Commission of the State of Colorado; Director, Department of Labor and Employment, Division of Labor, State of Colorado, and Claimants in the Matter of the Death of Irva W. Steele No. 81CA0101Colorado Court of Appeals. Decided October 29, 1981. Rehearing denied November 27, 1981. Certiorari denied January 25, 1982. […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of G.S. and M.S., Children, and Concerning S.S., Respondent-Appellee, and D.S.K., Intervenor-Appellant. No. 90CA1659Colorado Court of Appeals. Decided October 10, 1991. Page 1179 Appeal from the District Court of Arapahoe County Honorable John P. Leopold, Judge. Peter L. Vana, III, Arapahoe County Attorney, Rebecca […]

(527 P.2d 899) L. Jefferson Gorin, Christy F. Gorin, Ronald E. Williams, Martha I. Williams, Daniel M. Garst, Betty Jo Garst, Lake Purgatory Property Owners, an informal association of owners, and All Other Persons Similarly Situated who are owners of Legal or Equitable Title to Property in Lake Purgatory, Unit 1, Subdivision, La Plata County, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gary S. Jones, Defendant-Appellant. No. 90CA1997Colorado Court of Appeals. Decided February 25, 1993. Rehearing Denied March 25, 1993. Appeal from the District Court of Eagle County Honorable William L. Jones, Judge Page 248 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy […]

J.C. and C.C., individually and as birth parents on behalf of M.C., a minor, Plaintiffs-Appellants, DUNGARVIN COLORADO, LLC, a Minnesota corporation; Dungarvin Colorado, Inc., a Colorado corporation; Carmel Community Living Corporation, a Colorado corporation; The Resource Exchange, a Colorado corporation, Defendants-Appellees. No. 09CA1290.Colorado Court of Appeals. August 5, 2010. Appeal from the District Court, El […]

146 P.2d 894 PORTENIER v. WALSEN, EXECUTOR. BANNISTER, ET AL., INTERVENERS. No. 15,451.Supreme Court of Colorado. Decided February 28, 1944. A suit involving cancellation of a license agreement relating to mining claims, and for possession of the property. Judgment for plaintiff. Affirmed. On Applications for Supersedeas. 1. LANDLORD AND TENANT — Notice to Vacate. Where […]

Barbara Axelson, Petitioner, v. Pace Membership Warehouse, A Division of K-Mart Corporation and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 95CA0561Colorado Court of Appeals. Decided February 8, 1996 Petitions for Rehearing DENIED March 28, 1996. Petitions for Writ of Certiorari GRANTED September 3, 1996 Review of Order from the Industrial […]

73 P.2d 1387 WOODS v. COOK. No. 14,215.Supreme Court of Colorado. Decided November 8, 1937. Rehearing denied December 6, 1937. Suit involving right to a fund payable by a fraternal benefit society upon the death of a member. Judgment in favor of the beneficiary, the adopted daughter of deceased. Affirmed. On Application for Supersedeas. 1. […]

John A. Tebbetts, Plaintiff-Appellant, v. Joe Whitson, disciplinary hearing officer; Stephen Green, Captain, Delta Correctional Center, Defendants-Appellees. No. 96CA2298Colorado Court of Appeals. October 30, 1997 Rehearing Denied December 11, 1997. Certiorari Denied June 8, 1998 Page 640 Appeal from the District Court of Delta County, Honorable Robert A. Brown, Judge, No. 94CV99 JUDGMENT REVERSED AND […]

John Sedlmayer, Plaintiff-Appellee, v. Alan Charnes, Director of Department of Revenue, and Division of Motor Vehicle, Defendants-Appellants. No. 86CA1690Colorado Court of Appeals. Decided August 11, 1988. Rehearing Denied September 8, 1988. Certiorari Denied January 17, 1989 (88SC482). Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge Page 755 Valjean H. McCurdy, […]

Daniel Weingarten, Petitioner-Appellant, v. Board of Assessment Appeals of the State of Colorado, Appellee, and Adams County Board of Equalization, Respondent-Appellee. No. 93CA0695Colorado Court of Appeals. Decided May 19, 1994 Appeal from the Colorado State Board of Assessment Appeals No. 19928 ORDER AFFIRMED Page 119 Pamela J. Fair, Denver, Colorado, for Petitioner-Appellant Gale A. Norton, […]

Allstate Insurance Company, Petitioner, v. Patrick N. Allen, Respondent. No. 89SC451Supreme Court of Colorado. Decided September 10, 1990. Certiorari to the Colorado Court of Appeals Zupkus Ayd, P.C., Robert A. Zupkus, Stefan Kazmierski, for Petitioner. Hecox, Tolley, Keene Beltz, P.C., W. Thomas Beltz, H. William Mahaffey, for Respondent. Wilcox Ogden, Ralph Ogden, for Amicus Curiae […]

(493 P.2d 4) Otis Odell Mays v. The People of the State of Colorado No. 23914Supreme Court of Colorado. Decided January 24, 1972. Rehearing denied February 14, 1972. Defendant was convicted of forgery and brought error. Affirmed 1. FORGERY — Lack of Authority — Circumstantial — Shown. Lack of authority in a forgery prosecution may […]

(508 P.2d 1264) Hisashi Kinoshita and John DiTirro, Jr. v. North Denver Bank, 1415 Corporation, Connecticut Mutual Life Insurance Company, Lupton Meadow Ditch Company, Coal Ridge Ditch Company, Cross and Co., Inc., and Ambrose-Williams and Co. No. C-299Supreme Court of Colorado. Decided April 9, 1973. Actions brought to determine ownership of shares of capital stock […]

(609 P.2d 1125) Colorado Accounting Machines, Inc., a Colorado corporation v. Marc Alan Mergenthaler, and Microdata Corporation, a California corporation qualified in Colorado No. 79CA0796Colorado Court of Appeals. Decided March 27, 1980. In action concerning restrictive covenant in employment agreement, the trial court granted summary judgment in favor of defendants, the former employee of plaintiff […]

26 P.2d 805 OTSUKI v. YAMAUCHI. No. 12,999.Supreme Court of Colorado. Decided November 6, 1933. Action for damages for fraud and deceit. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Jury Findings. The Supreme Court will not interfere with the conclusions of a jury, approved by the trial judge, where they are supported by […]

Mark W. GERGANOFF and Robin E. McIntosh, Petitioners-Appellants v. BOARD OF ASSESSMENT APPEALS, Appellee, and Jefferson County Board of Equalization, Respondent-Appellee. No. 08CA2348.Colorado Court of Appeals. September 17, 2009. Mark W. Gerganoff, Golden, Colorado, for Petitioners-Appellants. John W. Suthers, Attorney General, Lisa Brenner-Freimann, Assistant Attorney General, Denver, Colorado, for Appellee. Ellen G. Wakeman, County Attorney, […]

(381 P.2d 820) PAULINE R. SCHROEDER, COUNTY SUPERINTENDENT OF SCHOOLS OF JEFFERSON COUNTY, v. THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY. No. 20,193.Supreme Court of Colorado. Decided May 20, 1963. Action by County Superintendent of Schools to compel Board of County Commissioners to budget funds for personal services of employees of superintendent. Judgment for […]

Eula Mae Webb, Independent Executrix of the Estate of George H. Webb, deceased, Petitioner, v. Dessert Seed Company, Inc., Respondent, and Kenneth Fagerberg; David J. Fagerberg, Jr.; Richard C. Fagerberg; Lynn Fagerberg; Rhinie Brunner; Brancucci Produce Company, Inc., a Colorado Funding Company, d/b/a Brancucci Produce Company, Respondents. and Kenneth Fagerberg; David J. Fagerberg, Jr.; Richard […]

(456 P.2d 275) Michael Martinez v. The People of the State of Colorado. No. 23165.Supreme Court of Colorado. Decided June 30, 1969. Defendant was convicted of narcotics possession and brought error. Affirmed. 1. SEARCHES AND SEIZURES — Heroin Capsules — Car — Ejection — Retrieve — Officer — Vacant Lot — Propriety — Abandoned Contraband. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael Saucerman, Defendant-Appellant. No. 94CA1871Colorado Court of Appeals. Decided March 21, 1996 Petition for Writ of Certiorari DENIED November 12, 1996 Page 131 Appeal from the District Court of the City and County of Denver, Honorable Nancy E. Rice, Judge, No. 94CR1465. SENTENCE AFFIRMED Gale A. […]

(538 P.2d 1347) In re the Marriage of Donald D. Ellis and Eleanor Ellis No. 74-609Colorado Court of Appeals. Decided July 1, 1975. Rehearing denied July 22, 1975. Certiorari granted September 2, 1975. In appeal of dissolution of marriage decree, wife challenged trial court’s refusal to award her, on division of property, any portion of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Sidney Louis Stephens, Defendant-Appellant. No. 81CA0874Colorado Court of Appeals. Decided April 19, 1984. Rehearing Denied May 31, 1984. Certiorari Denied October 9, 1984. Appeal from the District Court of Adams County Honorable Abraham Bowling, Judge Page 667 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of C.L.S. and C.A.S., Children, and concerning: R.L.S. and S.A.(H).S., Respondents-Appellants. No. 84CA1223Colorado Court of Appeals. Decided June 27, 1985. Rehearing Denied July 25, 1985. Page 1027 Appeal from the District Court of Grand County Honorable Richard P. Doucette, Judge. Duane Woodard, Attorney General, […]

94 P.2d 701 ISON ET AL. AS SOUTH DENVER COAL COMPANY v. STEWART. No. 14,430.Supreme Court of Colorado. Decided September 25, 1939. Action for damages for personal injuries sustained by plaintiff in an automobile accident. Judgment for plaintiff. Affirmed. 1. EVIDENCE — Automobile Collisions — Witnesses. On the trial of an action for damages resulting […]

(474 P.2d 610) Byron G. Rogers v. Craig S. Barnes, and Byron A. Anderson, Secretary of State. No. 24904.Supreme Court of Colorado. Decided September 21, 1970. Original proceeding entitled Petition for Contest of Primary Election filed by Rogers as plaintiff-contester against Barnes as defendant-contestee, in which competing candidates sought political party’s nomination to United States […]

Bath Excavating Construction Co., and Hahn Plumbing Heating, Inc., Petitioners, v. Norman Wills and Jeanie Wills, Respondents. No. 91SC522Supreme Court of Colorado. Decided March 15, 1993. Certiorari to the Colorado Court of Appeals Page 1142 Clifton, Hook Bovarnick, P.C., James R. Clifton, Diane M. Carmen, for Petitioner Bath Excavating Construction Co. Rothgerber, Appel, Powers Johnson, […]

The People of the State of Colorado, Complainant, v. Richard Stephen Dash, Attorney-Respondent. No. 87SA484 No. 91SA81Supreme Court of Colorado. Decided May 20, 1991. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, for Complainant. Michael L. Bender, for Respondent. EN BANC PER CURIAM. [1] Two separate attorney disciplinary proceedings involving three separate complaints and containing […]

48 P.2d 800 HOME BUILDERS COMPANY v. REDDIN, EXECUTOR. No. 13,751.Supreme Court of Colorado. Decided July 29, 1935. Action against a corporation on its alleged assumption of a mortgage indebtedness. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. CORPORATIONS — Authority of Directors. A corporate director, being secretary and director, as such, has no […]

People of the State of Colorado, Plaintiff-Appellee, v. David Lee Mares, Defendant-Appellant. No. 83CA0073Colorado Court of Appeals. Decided April 18, 1985. Rehearing Denied May 16, 1985. Certiorari Denied September 23, 1985. Page 1014 Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Duane Woodard, Attorney General, Charles […]

Robert L. Connell and Marion P. Walsh, Plaintiffs-Appellees, v. Sun Exploration and Production Company, Defendant-Appellant. No. 80CA0700Colorado Court of Appeals. Decided August 12, 1982. Rehearing denied September 2, 1982. Certiorari denied December 6, 1982. Appeal from the District Court of the City and County of Denver, Honorable James G. Flannigan, Judge. Page 427 Hall Evans, […]

(353 P.2d 79) JENNIE HAUCK, EXECUTRIX, ETC. v. ELSIE L. SCHUCK, ET AL. No. 18,991.Supreme Court of Colorado. Decided June 13, 1960. Claim against estate of deceased father for delinquent child support payments. Judgment for claimant. Affirmed. 1. DIVORCE — Support Payments — Accrued Installments — Judgment — Limitation. Accrued installments of support money are […]

(572 P.2d 481) Wilmer Williams and Helen Williams v. Brad Leach, Sheriff of Boulder County, State of Colorado No. 27508Supreme Court of Colorado. Decided December 19, 1977. Proceedings in extradition. From a ruling of the trial court ordering their extradition to Utah, and dismissing their petitions for writs of habeas corpus, the appellants, husband and […]

National Advertising Company, a Delaware Corporation, Plaintiff-Appellee, v. The Department of Highways of the State of Colorado, State of Colorado, and Thomas E. Einboden, Defendants-Appellants. No. 84SA116Supreme Court of Colorado. Decided May 12, 1986. Appeal from the District Court, City and County of Denver Honorable Roger Cisneros, Judge Page 1039 Goldstein Armour, P.C., Philip Munishor, […]