Category: Colorado Court Opinions

Stacy LUSTER and Walter Luster, Plaintiffs-Appellees, v. Judith M. BRINKMAN, M.D., by and through her assignee for collection, COPIC Insurance Company, Defendant-Appellant. No. 09CA0563.Colorado Court of Appeals. February 4, 2010. As Modified on Denial of Rehearing March 18, 2010. Page 665 Appeal from the District Court, El Paso County, No. 04CV2642. Leventhal, Brown Puga, P.C., […]

Timothy N. REEVES, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF CORRECTIONS, Defendant Appellee. No. 05CA1764.Colorado Court of Appeals. February 8, 2007. Appeal from the District Court, El Paso County, Edward S. Colt, J. Page 649 Timothy N. Reeves, Pro Se. Page 650 John W. Suthers, Attorney General, Nicole S. Cellar, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee. […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. AUSTIN BARTON CAMPBELL, Attorney-Respondent. No. 96SA473Supreme Court of Colorado. February 24, 1997 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Austin Barton Campbell, Pro Se, Arlington, Texas. EN BANC PER CURIAM [1] This […]

(240 P.2d 906) ESTATE OF DOWER. GEORGE v. TETTEMER ET AL. No. 16,530.Supreme Court of Colorado. Decided December 17, 1951. Rehearing denied February 11, 1952. A claim against the estate of a deceased person for compensation for services alleged to have been rendered deceased in his lifetime in the sale of stock of a corporation. […]

(242 P.2d 222) KALLNBACH v. THE PEOPLE. No. 16,615.Supreme Court of Colorado. Decided February 4, 1952. Rehearing denied March 17, 1952. Plaintiff in error was adjudged guilty of causing the death of another person by operating an automobile while under the influence of intoxicating liquor and an exhilarating and stupefying drug. Affirmed 1. CRIMINAL LAW […]

Thomas L. Feeney, II, Petitioner-Appellant, v. Colorado Limited Gaming Control Commission, Respondent-Appellee. No. 93CA2111Colorado Court of Appeals. Decided July 14, 1994. Rehearing Denied August 18, 1994. Petition for Writ of Certiorari DENIED March 13, 1995. Appeal from the Colorado Limited Gaming Control Commission No. SS93027 ORDER AFFIRMED Page 174 Cooksey Cooksey, P.C., Michael G. Cooksey, […]

(602 P.2d 901) William and Mabel Haines, Dale L. and Mary Ann Tubbs v. United Security Insurance Company and United Fire and Casualty Company No. 79CA0413Colorado Court of Appeals. Decided October 11, 1979. Homeowners appealed from a summary judgment dismissing their property damage insurance claims against their insurers. Affirmed 1. INSURANCE — Homeowner’s Policy — […]

(335 P.2d 255) HERCULES EQUIPMENT CO. v. ROSABELLE L. SMITH. No. 18,849.Supreme Court of Colorado. Decided February 2, 1959. Rehearing denied February 24, 1959. Motion by wife in action against husband after judgment to restrain levy of execution on automobile. Motion granted. Reversed. 1. APPEAL AND ERROR — Rules — Matters Not Presented in Trial […]

(436 P.2d 353) Newark Insurance Company v. State Farm Mutual Automobile Insurance Company. No. 21664.Supreme Court of Colorado. Decided January 22, 1968. Action by driver’s insurer against passenger’s insurer for reimbursement of expenditures incurred in settling a claim for injuries suffered by assured while a passenger in his own automobile being operated by driver with […]

The People of the State of Colorado, Plaintiff-Appellee, v. Marilyn Berger-Levy, Defendant-Appellant. No. 82CA0451Colorado Court of Appeals. Decided July 7, 1983. Rehearing Denied August 4, 1983. Appeal from the District Court of the City and County of Denver Honorable Leonard Plank, Judge Dale Tooley, District Attorney, Brooke Wunnicke, Stanley Garnett, for plaintiff-appellee. Worstell and Wyatt, […]

Liberty Mutual Insurance Company, a Massachusetts corporation, Plaintiff-Appellant, v. Horace Mann Insurance Company, an Illinois corporation, Defendant-Appellee. No. 00CA2132Colorado Court of Appeals. September 27, 2001 City and County of Denver District Court No. 00CV168 Honorable William G. Meyer, Judge. JUDGMENT AFFIRMED York and Gregory, P.C., Glen W. Gregory, Matthew B. Bushong, Denver, Colorado, for Plaintiff-Appellant […]

(336 P.2d 716) CITY OF FORT COLLINS, ET AL. v. PARK VIEW PIPE LINE, ET AL. No. 18,023.Supreme Court of Colorado. Decided March 16, 1959. Rehearing denied April 6, 1959. Action to enjoin city from discontinuing water service and requiring users outside the city to execute new water users agreements. Judgment for plaintiffs. Affirmed in […]

122 P.2d 882 LEWIS, ADMINISTRATRIX v. FITZSIMMONS. No. 15,007.Supreme Court of Colorado. Decided February 16, 1942. Suit to compel conveyance of real estate and for damages for wrongful detention. Judgment for defendant. Page 160 Affirmed. On Application for Supersedeas. 1. ACTIONS — Real Property — Damages. In a suit to compel conveyance of real property […]

(520 P.2d 742) P.F.M. v. The District Court in and for the County of Adams and The Honorable James J. Delaney, one of the judges thereof No. 26316Supreme Court of Colorado. Decided April 1, 1974. Original proceeding wherein petitioner mother alleges that respondent court is proceeding without or in excess of its jurisdiction in that […]

Donetta Davidson, Secretary of State of Colorado, Defendant-Appellant, v. The Committee for Gail Schoettler, Inc.; Coloradans for Western Values; and Judith Wagner, Plaintiffs-Appellees. No. 00SA154Supreme Court of Colorado. June 4, 2001 Appeal from the District Court, City County of Denver, No. 98CV8139. APPEAL DISMISSED EN BANC CHIEF JUSTICE MULLARKEY does not participate. No. 00SA154: Donetta […]

(402 P.2d 192) JOE MASCITELLI AND INDUSTRIAL COMMISSION OF COLORADO v. GIULIANO SONS COAL COMPANY AND STATE COMPENSATION INSURANCE FUND. No. 21284.Supreme Court of Colorado. Decided May 17, 1965. Rehearing denied June 7, 1965. From a judgment which reversed findings and award in a proceeding arising under Workmen’s Compensation Act, the claimant and Industrial Commission […]

Kenneth James WEST, Petitioner v. Tammy ROBERTS, a/k/a Tammie Roberts, Respondent. No. 05SC358.Supreme Court of Colorado. October 10, 2006. Appeal from the District Court, Jefferson County, No. 04CV3404, Leland P. Anderson, J. Page 1038 Frie, Arndt Danborn P.C., Paul R. Danborn, Arvada, Colorado, Attorneys for Petitioner. Law Offices of Joaquin G. Padilla, PLLC, Joaquin G. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kipling G. Key, Defendant-Appellant. No. 82CA0433Colorado Court of Appeals. Decided January 12, 1984. Rehearing Denied February 9, 1984. Certiorari Granted May 7, 1984. Appeal from the District Court of El Paso County Honorable John F. Gallagher, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

Rebecca Bradley, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado; William R. Fisher; Darwin C. Metzger Trucking Co.; and Colorado Compensation Insurance Authority, Respondents. No. 91CA1508Colorado Court of Appeals. Decided October 22, 1992. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 1072 Suzanne Harvey […]

132 P.2d 966 McWILLIAMS v. McWILLIAMS. No. 15,029.Supreme Court of Colorado. Decided December 7, 1942. Rehearing denied January 11, 1943. An action involving the status of a property settlement agreement entered into by a husband and wife who subsequently were divorced. Judgment of dismissal. Reversed. 1. DIVORCE AND ALIMONY — Property Rights — Decree. Where […]

(474 P.2d 615) The People of the State of Colorado v. Jake Henry Cordova, Ernest Garcia and Wallace Samuel Briggs. No. 23729.Supreme Court of Colorado. Decided September 21, 1970. Defendants were charged with attempted burglary. One defendant alone was tried and found guilty, but trial court thereafter granted motion for acquittal and also dismissed charges […]

(457 P.2d 387) John H. Zahn And Rose Marie Zahn v. The District Court in and for the County of Weld, in the Nineteenth Judicial District, State of Colorado, and the Honorable Hugh H. Arnold, one of the Judges there of, and Alvin A. Starck and Lawrence W. Starck, d/b/a Starck Bros. Construction Co. No. […]

In re Phillip Eugene PHILLIPS, Debtor. Tom H. Connolly, Chapter 7 Trustee, Plaintiff-Appellant v. Englewood Post No. 322 Veterans of Foreign Wars of the United States, Inc.; Margaret M. Phillips; Troy Brackeen; Ramona Brackeen; Philsax Incorporated; Action Properties, Inc.; and Phillip Eugene Phillips, Defendants-Appellees. No. 05SA316.Supreme Court of Colorado. June 26, 2006. Appeal from the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Frank D. Rodriguez, Defendant-Appellant. No. 87SA48Supreme Court of Colorado. Decided May 29, 1990. Opinion Modified and as Modified Rehearing Denied July 30, 1990. Appeal from the District Court City and County of Denver Honorable Connie L. Peterson, Judge and Review of Sentence Pursuant to C.A.R. 4(e) […]

The State of Colorado, Department of Corrections; Marian Norman; and Mike Farrell, Petitioners, v. Arthur Moses Nieto, Respondent. No. 97SC876Supreme Court of Colorado. February 14, 2000 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART AND REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 494 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

The People of the State of Colorado v. Rudy Saiz No. 80SA100Supreme Court of Colorado. Decided November 17, 1980. Interlocutory Appeal from the District Court of the County of Pueblo, Honorable Jack F. Seavy, Judge. Page 16 J. E. Losavio, Jr., District Attorney, Amy S. Isaminger, Deputy, for plaintiff-appellant. Darol C. Biddle, for defendant-appellee. En […]

In the Matter of the TITLE, BALLOT TITLE and SUBMISSION CLAUSE FOR 2009-2010 # 91. Christopher Howes, Objector, Petitioner v. Richard G. Brown and Garald L. Barber, Proponents, Respondents and William A. Hobbs, Sharon Eubanks, and Geoff Blue, Title Board. No. 10SA135.Supreme Court of Colorado. June 28, 2010. Page 1072 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

(364 P.2d 185) H. W. PAVING CO. v. ASPHALT PAVING COMPANY. No. 19,433.Supreme Court of Colorado. Decided August 21, 1961. Action to recover under alleged parol modification of written contract. Judgment for defendant. Reversed. 1. CONTRACTS — Modification — Parol — Consideration. The general rule is that a naked promise to release a party to […]

(580 P.2d 838) In re the Marriage of: Frank Gallegos and Agnes M. Gallegos No. 77-579Colorado Court of Appeals. Decided June 1, 1978. From denial of her motions to increase maintenance and for a modification of the property division order entered in dissolution of marriage action, wife appealed. Affirmed 1. DISSOLUTION OF MARRIAGE — Maintenance […]

Paul G. Klosterman, Petitioner, v. Industrial Commission of Colorado, Department of Labor and Employment, and Barbara Guillet, Respondents. No. 84CA0045Colorado Court of Appeals. Decided October 25, 1984. Rehearing Denied November 29, 1984. Certiorari Denied May 6, 1985. Review of Order from the Industrial Commission of the State of Colorado Page 874 Dawes and Accetta, P.C., […]

The People of the State of Colorado, Plaintiff-Appellee, v. Katherine Jewell Devine, Defendant-Appellant. No. 01CA1477.Colorado Court of Appeals. Div. II. February 27, 2003. Rehearing Denied April 10, 2003. Certiorari Denied August 18, 2003. Page 441 El Paso County District Court No. 00CR1403; Honorable Theresa M. Cisneros, Judge JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page […]

Cung La, Petitioner, v. State Farm Automobile Insurance Company, Respondent. No. 91SC349Supreme Court of Colorado. Decided May 26, 1992. Certiorari to the Colorado Court of Appeals. Fogel, Keating and Wagner, P.C., Alan Shafner, Charles R. Free, for Petitioner. Hall Evans, Alan Epstein, for Respondent. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. [1] […]

11 P.2d 221 PINE MARTIN MINING COMPANY v. EMPIRE ZINC COMPANY. No. 12,573.Supreme Court of Colorado. Decided April 18, 1932. Proceeding in eminent domain. Judgment of dismissal. Reversed. 1. EMINENT DOMAIN — Right to Condemn — Apt Time. Application for hearing on the issue of right to condemn is in apt time if made before […]

(425 P.2d 684) William Kosinuk v. Utah Construction Company and CIA Utah Pacific, LTD. No. 21037.Supreme Court of Colorado. Decided April 3, 1967. Action by employee against contractor seeking damages for breach of contract of employment. Judgment for defendant. Affirmed. 1. MASTER AND SERVANT — Agreement — Booklet — Period of Employment — Trial Period […]

In re the Marriage of Marlene E. Barber, Appellee, and Allen Barber, Appellant. No. 89CA1065Colorado Court of Appeals. Decided April 25, 1991. Appeal from the District Court of Jefferson County Honorable Kenneth E. Barnhill, Judge. Page 452 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

27 P.2d 500 CONWAY-BOGUE REALTY AND INVESTMENT COMPANY ET AL. v. BURCH ET AL. No. 12,697.Supreme Court of Colorado. Decided November 13, 1933. Rehearing denied December 4, 1933. Action by real estate brokers for commission for exchange of properties. Judgment for plaintiffs. Reversed. 1. BROKERS — Real Estate — Commission. In a transaction involving an […]

Largo Corporation, d/b/a The New Chapter IV and Little Vegas, Petitioner, v. Karen T. Crespin, individually and on behalf of the minor children, Angela R. Crespin, Manuel Crespin III, and James F. Crespin, Respondents. No. 84SC365Supreme Court of Colorado. Decided November 17, 1986. Certiorari to the Colorado Court of Appeals Page 1099 Tilly Graves, John […]

AVALANCHE INDUSTRIES, INC., Great States Insurance Company c/o Colorado Insurance Guaranty Association, and Western Guaranty Fund, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Gladys Louise Clark, Respondents. No. 06CA0716.Colorado Court of Appeals. March 22, 2007. Certiorari Granted August 22, 2007. Appeal from the Industrial Claim Appeals Office affirming the order […]

Christina Bolz, Plaintiff-Appellant, v. Security Mutual Life Insurance Company, Defendant-Appellee. No. 84CA1222Colorado Court of Appeals. Decided March 20, 1986. Opinion Modified, and As Modified. Rehearing Denied May 1, 1986. Certiorari Denied July 7, 1986 (86SC187). Appeal from the District Court of El Paso County Honorable Hunter D. Hardeman, Judge Page 1217 Tegtmeier Sears, P.C., Benjamin […]

The People of the State of Colorado, In the Interest of L.W., a Child, Upon the Petition of: Jefferson County Department of Social Services, Petitioner-Appellee and Cross-Appellant, and concerning C. W., Respondent-Appellant and Cross-Appellee. No. 86CA1651Colorado Court of Appeals. Decided January 14, 1988. Rehearing Denied February 11, 1988. Certiorari Denied June 20, 1988 (88SC109). Appeal […]

148 P.2d 809 IN RE INTERROGATORIES BY THE GOVERNOR. No. 15,506.Supreme Court of Colorado. Decided May 1, 1944. 1. CONSTITUTIONAL LAW — Executive Interrogatories. Under section 3, article VI of the Constitution which provides that the Supreme Court shall give its opinion upon important questions upon solemn occasions when required by the Governor, the Court […]

82 P.2d 772 ESTATE OF WRIGHT. FULTON v. LATHROP, EXECUTRIX. No. 14,318.Supreme Court of Colorado. Decided July 11, 1938. Rehearing denied September 19, 1938. Will contest. Judgment for proponent and will admitted to probate. Affirmed. On Application for Supersedeas. 1. WILLS — Contest — Waiver. Letters testamentary were granted by the county court of the […]

(609 P.2d 633) The People of the State of Colorado v. Robert L. McMichael Nos. 79SA447 and 79SA485Supreme Court of Colorado. Decided April 21, 1980. Original proceedings in discipline. Attorney Disbarred 1. ATTORNEYS AT LAW — Conversion — Theft — Delay — Counseling Client to Testify Falsely — False Answer — Disbarred. Attorney — with […]

(492 P.2d 845) Steve Dolce v. The People of the State of Colorado No. 24071Supreme Court of Colorado. Decided January 17, 1972. Defendant was convicted of second-degree murder and brought error. Affirmed 1. PROSECUTING ATTORNEYS — Homicide — Statement — Case Did Hold Rifle — Evidence — Guilt — Harmless Error. In prosecution for homicide, […]

(412 P.2d 219) Carl A. Roeder, v. Martin P. Miller, District Attorney in and for the Eighteenth Judicial District, State of Colorado. No. 21271Supreme Court of Colorado. Decided March 21, 1966. Action to enjoin continued sue by defendant of certain land as an automobile junkyard in violation of zoning resolution. From granting of motion for […]

The People of the State of Colorado, Plaintiff-Appellee, v. Steven Ray Anderson, Defendant. and Concerning Ace Bonding Company, Inc., and Nicole I. Loftice, Sureties-Appellants. No. 88CA1187Colorado Court of Appeals. Decided February 22, 1990. Appeal from the District Court of El Paso County Honorable Richard Toth, Judge Page 1116 Duane Woodard, Attorney General, Charles B. Howe, […]

(500 P.2d 145) Eugene A. Roth v. Stark Lumber Co., a Colorado corporation and Charles Pullen No. 71-332Colorado Court of Appeals. Decided June 27, 1972. Rehearing denied July 25, 1972. Certiorari denied September 5, 1972. In personal injury action arising from rear-end truck collision, following directed verdict as to negligence, jury assessed plaintiff’s damages as […]

(404 P.2d 546) Kathryn Konas v. Red Owl Stores, Inc. No. 21082Supreme Court of Colorado. Decided July 26, 1965. Action for malicious prosecution. From an adverse judgment the plaintiff brought error. Affirmed. 1. APPEAL AND ERROR. — Malicious Prosecution — Prima Facie — Malice — Probable Cause — Short Check. Trial court did not err […]

(443 P.2d 975) Charles E. Meredith, as Superintendent of the Colorado State Hospital v. Thomas E. Smith No. 21881.Supreme Court of Colorado. Decided July 15, 1968. Rehearing denied August 26, 1968. From money judgment in favor of plaintiff and against defendant in his official capacity as superintendent of state hospital, also ordering him to appoint […]

Cornelius Nelson, Plaintiff-Appellant, v. Caterpillar Tractor Company, a California corporation, and Towmotor Corporation, an Ohio corporation, Defendants-Appellees. No. 82CA0275Colorado Court of Appeals. Decided August 16, 1984. Rehearing Denied September 6, 1984. Certiorari Denied January 14, 1985. Appeal from the District Court of the City and County of Denver Honorable Robert Kingsley, Judge Page 868 Zarlengo, […]

John Thomas Jolly, Cheryl A. Jolly, Frances M. Jolly, Robert Jay Jolly, Norma Ann Hill, also known as Norman A. Hill, and Barbara Jolly, as personal representative of the Estate of George Patrick Jolly, Deceased, Plaintiffs-Appellees, v. William D. O’Brien, also known as W. D. O’Brien and as Wm. D. O’Brien, Becky Mae Northcut Maxwell, […]

The People of the State of Colorado, Complainant, v. James W. Lamberson, Attorney-Respondent. No. 89SA89Supreme Court of Colorado. Decided December 24, 1990. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, for Complainant. Kuhlman and Kuhlman, P.C., Kenton H. Kuhlman, for Respondent. EN BANC PER CURIAM. [1] In this disciplinary proceeding, disciplinary counsel and the attorney-respondent, […]

(355 P.2d 1089) IN THE MATTER OF THE ESTATE OF JOSEPHINE HOYER ORTON, ET AL. v. THE COLORADO SPRINGS NATIONAL BANK, ET AL. No. 18,589.Supreme Court of Colorado. Announced October 10, 1960. Rehearing denied October 31, 1960. Proceeding involving last will of decedent. Judgment was for the proponent. Affirmed. Error to the County Court of […]

Daybreak Construction Specialties, Inc., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, Lunsford Brothers Mechanical Contractors, Inc., a Colorado corporation; Norm Gould Sons Construction, Inc., a Colorado corporation; Peter Goldstein d/b/a Rocky Mountain Wall and Ceiling Doctor; John R. Crump d/b/a Valley Paint and Decorating; and Patrick I. McGehee d/b/a Valley Roofing, Plaintiffs-Appellees, v. Ebrahim Saghatoleslami; Sirous […]

The PEOPLE of the State of Colorado, Complainant, v. George H. TILTON, Jr., Respondent. No. 05PDJ006.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Colorado. August 3, 2005. Page 1113 Attorney Regulation. Upon conclusion of a sanctions hearing, the Presiding Disciplinary Judge disbarred Respondent George H. Tilton, Jr. (Attorney Registration No. 01489) […]

57 P.2d 894 PEOPLE EX REL. PARK RESERVOIR COMPANY v. HINDERLIDER ET AL. No. 13,235.Supreme Court of Colorado. Decided February 3, 1936. Rehearing denied April 27, 1936. Proceeding to determine priority of right to the use of water for irrigation, involving direct diversion and storage rights. Judgment for defendants. Reversed. On Petition for Rehearing. 1. […]

(550 P.2d 355) Ruth Ebke, Lillie M. Parker, Lucy Smith, Pat Snyder, Wilbur H. Mead, Brenda Nielsen, Gerald Lammers, Michelene Svanda, Jane Kaltenback, Phil Snyder, Jean Williamson, Marvin Trennepohl, Sam Kobayaski, Ed Kippes, Dennis Thuringer, Carlene Borrow, Glenna M. Kizer, and Bruce K. Yearous v. Julesburg School District No. RE-1, in the County of Sedgwick […]

(398 P.2d 971) IRA O. MARTIN, ET AL., v. OPDYKE AGENCY, INC. No. 21535.Supreme Court of Colorado. Decided February 8, 1965. Action by real estate broker against defendants as vendors to recover real estate commission. From an adverse judgment and denial of their motion for a new trial, defendants brought error. Writ of Error Dismissed. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Frank Robert Beasley, Defendant-Appellant. No. 87CA0617Colorado Court of Appeals. Decided June 1, 1989. Opinion Modified and, as Modified, Rehearing Denied July 13, 1989. Appeal from the District Court of the City and County of Denver Honorable Lynne M. Hufnagel, Judge. Page 305 Norman S. Early, Jr., […]

179 P.2d 272 GALLEGOS v. THE PEOPLE. No. 15,791.Supreme Court of Colorado. Decided March 24, 1947. Rehearing denied April 14, 1947. Plaintiff in error was convicted of murder of the first degree and sentenced to death. Affirmed. 1. CRIMINAL LAW — Witnesses — Perjury. The simple fact that the sworn testimony of a witness may […]

(425 P.2d 690) Harold Boxler and Dairyland Mutual Insurance Company v. Roger Whitney. No. 22579.Supreme Court of Colorado. Decided March 27, 1967. Rehearing denied April 17, 1967. Action to recover damages arising out of the alleged negligence of defendant in damaging plaintiff’s automobile. Judgment for defendant. Judgment Affirmed Without Written Opinion. Writ of Certiorari to […]

Alien, Inc. and Alistair Company, Ltd., Plaintiffs-Appellees, v. Lewis Futterman and Alma Equities Corporation, Defendants-Appellants. No. 94CA1026Colorado Court of Appeals. Decided September 14, 1995 As Modified on Denial of Rehearing November 16, 1995 Appeal from the District Court of Eagle County Honorable Richard H. Hart, Judge No. 91CV591. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, […]

The People of the State of Colorado, Petitioner, v. The District Court, in and for Eagle County, State of Colorado, The Honorable William L. Jones, Judge Therein, Respondent. No. 95SA21Supreme Court of Colorado. Decided June 26, 1995 Original Proceeding. RULE MADE ABSOLUTE. Page 1059 Peter F. Michaelson, District Attorney, Fifth Judicial District, Breckenridge, Colorado, Attorney […]

Larry FOILES, Petitioner v. Deanna WHITTMAN, in her capacity as Personal Representative for the Estate of Lily Whittman, Respondent. No. 09SC377.Supreme Court of Colorado. June 28, 2010. Appeal from the District Court, Adams County, John E. Popovich, Jr., J. Page 698 Witwer, Oldenburg, Barry Johnson, LLP, John J. Barry, Jacqueline Johnson, Greeley, Colorado, Attorneys for […]

(349 P.2d 1005) FLANK OIL CO., D/B/A ORIENTAL REFINING CO. v. TENNESSEE GAS TRANSMISSION COMPANY, D/B/A BAY PETROLEUM COMPANY, ET AL. No. 19,260.Supreme Court of Colorado. Decided February 16, 1960. Rehearing denied March 21, 1960. Action to enjoin violation of Fair Trade Practices Act. From a judgment of dismissal the plaintiff brings error. Reversed. 1. […]

In the MATTER OF the TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, AND SUMMARY FOR 1997-1998 No. 74: Francis B. HOWES, III, Petitioner, v. Dan HAYES and Regina Macy, Respondents, and Rebecca Lennahan, Victoria Buckley, and Richard Westfall, Title Board. No. 98SA146Supreme Court of Colorado. En Banc. June 15, 1998 Rehearing Denied September 8, 1998 Original […]

Anthony W. Brothers, Petitioner, v. The Industrial Commission of the State of Colorado, Den-Col Cartage Distributing, Inc., and State Compensation Insurance Fund, Respondents. No. 86CA0002Colorado Court of Appeals. Decided January 22, 1987. Review of Order from the Industrial Commission of the State of Colorado Moyer, Beal and Vranesic, H. Earl Moyer, for Petitioner. Duane Woodard, […]

State Department of Highways, Division of Highways, State of Colorado, Petitioner, v. Interstate-Denver West, a Colorado joint venture consisting of C. Gary Skartvedt, Thomas W. Anthony, Macy J. Price, Respondents. No. 89SC61Supreme Court of Colorado. Decided May 21, 1990. Opinion Modified, and as Modified Rehearing Denied June 11, 1990. Certiorari to the Colorado Court of […]

132 P.2d 448 ALPHA CORPORATION ET AL. v. DENVER-GREELEY VALLEY IRRIGATION DISTRICT ET AL. No. 15,077.Supreme Court of Colorado. Decided December 7, 1942. A proceeding to dissolve an irrigation district. Decree for dissolution entered. Modified and Affirmed. 1. IRRIGATION DISTRICTS — Bonds, Interest and Warrants — Taxes and Taxation. In Colorado, irrigation district bonds, bond […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Sir Mario OWENS, Defendant-Appellant. No. 09CA0145.Colorado Court of Appeals. April 16, 2009. As Modified on Denial of Rehearing June 25, 2009. Appeal from the District Court, Arapahoe County, Gerald J. Rafferty, J. Page 380 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

(385 P.2d 129) S. LEE SMITH v. CITY OF AURORA. No. 20,515.Supreme Court of Colorado. Decided September 16, 1963. From a summary judgment dismissing his complaint as not being an aggrieved person under the annexation statutes, the plaintiff brings error. Affirmed. 1. ANNEXATION — Non-residents or Landowners of Area — Aggrieved Person — Statute. Persons […]

Robert E. Gerner, Petitioner, v. Michael W. Sullivan, Jamie K. Mohr-Sullivan, Jerry R. Simmons, Kathryn A. Foley and Darleen S. Edgerton, Respondents. No. 87SC294Supreme Court of Colorado. Decided February 13, 1989. Certiorari to the Colorado Court of Appeals Pursuant to C.A.R. 50 Page 702 Michael D. Boster, Robinson Scheurer, P.C., for Petitioner. Susan V. Martin, […]

In re the MARRIAGE OF Mary E. SCHMEDEMAN, Appellee, and Danny D. Schmedeman, Appellant. No. 06CA0550.Colorado Court of Appeals. February 21, 2008. Rehearing Denied July 3, 2008. Appeal from the District Court, Douglas County, Angela R. Arkin, J. Page 789 Law Office of Lori J. Crystal, Lori J. Crystal, Castle Rock, Colorado, for Appellee. Law […]

50 P.2d 545 KINZIE v. INCORPORATED TOWN OF HAXTUN. No. 13,795Supreme Court of Colorado. Decided October 7, 1935. Money demand based on services rendered by an attorney to an incorporated town. Judgment of dismissal. Reversed. 1. TOWNS AND CITIES — Town Attorney — Duties and Compensation. There is no statute defining the duties of town […]

(502 P.2d 1117) Ilene Brenda Block, a minor, by her father and next friend, Matthew H. Block v. George Balajty No. 71-339Colorado Court of Appeals. Decided August 22, 1972. Rehearing denied September 12, 1972. Certiorari denied December 4, 1972. In personal injury action defendant admitted “liability,” but denied that plaintiff suffered any injuries as a […]

20 P.2d 306 STARK LUMBER COMPANY ET AL. v. KEYSTONE INVESTMENT COMPANY. No. 13,128.Supreme Court of Colorado. Decided February 14, 1933. Rehearing denied March 20, 1933. Action to quiet title. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. MECHANICS’ LIENS — Foreclosure — Parties. Recordation of election and demand for foreclosure by holder of […]

(328 P.2d 951) HENRY CHRISTENSEN, ET AL. v. GEORGE J. BAKER, SECRETARY OF STATE. No. 18,774.Supreme Court of Colorado. Decided August 18, 1958. Original proceeding against Secretary of State to determine validity of petition to initiate amendment to state constitution. Rule to show cause issued. Rule Discharged. 1. INITIATIVE AND REFERENDUM — Petition — Time […]

(457 P.2d 915) James Thomas North v. William Koch, Manager of Safety and Excise and Ex-Officio Sheriff of the City and County of Denver, and Mose Trujillo, Under-sheriff of the City and County of Denver. No. 23076.Supreme Court of Colorado. Decided August 25, 1969. Writ of error arising out of extradition proceeding. From order of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rayford L. JACKSON, Defendant-Appellant. No. 99CA2473.Colorado Court of Appeals. Division IV. May 20, 2004. Certiorari Denied October 4, 2004. Page 941 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 942 Appeal from the […]

National Farmers Union Property and Casualty Company v. William James Frackelton No. 80CA1098Colorado Court of Appeals. Decided November 27, 1981. Opinion modified and as modified petition for rehearing denied December 24, 1981. Certiorari granted May 3, 1982. Appeal from the District Court of San Miguel County, Honorable Jerry D. Lincoln, Judge. Kirschenmann and Dawes, Robert […]

Samuel J. Stoorman, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. Greenwood Trust Company, Defendant-Appellee. No. 93CA0224Colorado Court of Appeals. Decided April 7, 1994. Rehearing Denied May 26, 1994. Petition for Writ of Certiorari GRANTED January 30, 1995. Appeal from the District Court of the City and County of Denver Honorable J. […]

27 P.2d 589 OLMSTED ET AL. v. MELVILLE ET AL. No. 13,146.Supreme Court of Colorado. Decided November 27, 1933. Action by owner to recover amount of excess bid — made through error — for property at a sale under trust deed. Judgment for defendants. Affirmed. 1. TRUST DEEDS — Sale — Excess Bid Through Error. […]

(317 P.2d 1041) IN RE PETITION OF JACK CARVER PATTERSON. No. 18,479.Supreme Court of Colorado. Decided November 25, 1957. Application in forma pauperis for an order requiring trial court to furnish reporter’s transcript of trial proceedings without cost. Remanded to Trial Court for Further Proceedings. 1. CRIMINAL LAW — Appeal and Error — Due Process […]

J.D.C., Petitioner, v. The District Court of the Eighteenth Judicial District of the State of Colorado, and Jack F. Smith, one of the Judges thereof, Respondents. No. 95SA377Supreme Court of Colorado. Decided February 12, 1996 Page 685 Original Proceeding RULE MADE ABSOLUTE Isaacson, Rosenbaum, Woods Levy, P.C., Gary Lozow, Richard K. Kornfeld, Denver, Colorado, Attorneys […]

The People of the State of Colorado, Plaintiff-Appellee, v. Harvey Dean Carey, Defendant-Appellant. No. 83CA0663Colorado Court of Appeals. Decided November 23, 1984. Rehearing Denied January 17, 1985. Certiorari Denied May 28, 1985. Appeal from the District Court of Phillips County Honorable Dean Johnson, Judge Page 90 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

REMOTE SWITCH SYSTEMS, INC., Plaintiff-Appellee, v. Eric DELANGIS, Defendant-Appellant. No. 04CA0575.Colorado Court of Appeals. August 11, 2005. Certiorari Denied January 17, 2006. Appeal from the Larimer County District Court, No. 99CV601, Daniel J. Kaup and John-David Sullivan, JJ. Page 270 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

(473 P.2d 698) The People of the State of Colorado v. Steven R. Schmidt. No. 24732.Supreme Court of Colorado. Decided July 20, 1970. Defendant was charged with possession and conspiracy to possess narcotics. From order of district court denying defendant’s motion for return of seized property and to suppress evidence, defendant brought interlocutory appeal. Affirmed. […]

(507 P.2d 466) The People of the State of Colorado v. Terry R. Hannaman and Dennis L. Wick No. 24973Supreme Court of Colorado. Decided March 12, 1973. Defendants were tried jointly and convicted of robbery and conspiracy to commit robbery and appealed. Affirmed 1. Searches and Seizures — Fingerprinting — Voluntary — Waiver — Fourth […]

Chateau Chaumont Condominium Association, a Colorado corporation, and Aspen Chateaux Development Company, a Colorado corporation, Plaintiffs-Appellants, v. Aspen Title Company, a Colorado corporation, and Carson Bell, Defendants-Appellees. No. 82CA0462Colorado Court of Appeals. Decided December 29, 1983. Appeal from the District Court of Pitkin County Honorable Gavin D. Litwiller, Judge Page 1247 Calista L. Peirce; Terence […]

(589 P.2d 508) Samuel Berman v. The People of the State of Colorado No. 78-461Colorado Court of Appeals. Decided November 2, 1978. Rehearing denied November 24, 1978. Certiorari denied January 22, 1979. Named as an “unindicted co-conspirator” in certain indictments that were subsequently dismissed, plaintiff brought action requesting that all references to him in the […]

Farmers Insurance Exchange and Truck Insurance Exchange, Plaintiffs-Appellants, v. Richard L. Wiglesworth and Eric J. Pierce, Defendants-Appellees. No. 93CA1265Colorado Court of Appeals. Decided November 17, 1994. Opinion Modified, and as Modified, Petition for Rehearing DENIED December 29, 1994. (Sternberg, C.J., would GRANT.) Petition for Writ of Certiorari GRANTED August 28, 1995. Appeal from the District […]

The People of the State of Colorado, Plaintiff-Appellee, v. Felix Paul Harman, Defendant-Appellant. No. 02CA1195.Colorado Court of Appeals. March 11, 2004. Certiorari Denied August 16, 2004. Appeal from the District Court, Jefferson County, No. 00CR2018, Jack W. Berryhill, J. Page 291 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]