Category: Colorado Court Opinions

168 P.2d 901 FEIRING, TRUSTEE v. GANO No. 15,292.Supreme Court of Colorado. Decided April 8, 1946. Rehearing denied May 6, 1946. Action by the trustee in bankruptcy of a corporation to recover the value of stock in the corporation issued to defendant. Judgment for defendant on the first and third causes of action, and for […]

Miriam J. Bromley, Rick Bucey, and Sherry Bucey, Plaintiffs-Appellees, v. Lambert and Son, Inc., a Colorado corporation, Defendant-Appellant. No. 85CA0950Colorado Court of Appeals. Decided February 25, 1988. Appeal from the District Court of Adams County Honorable Harlan R. Bockman, Judge Berger Rothstein, P. C., David Berger, Lincoln W. Anderson, for Plaintiffs-Appellees. Daniel, McCain Brown, Edward […]

(508 P.2d 134) Jerry E.D. Wood v. The District Court in and for the County of El Paso, State of Colorado, The Honorable Robert W. Johnson, one of the Judges thereof No. 25831Supreme Court of Colorado. Decided March 12, 1973. Original proceeding in which the jurisdiction of the El Paso district Page 96 court — […]

95 P.2d 1 FISHEL v. CITY AND COUNTY OF DENVER. No. 14,391.Supreme Court of Colorado. Decided October 9, 1939. Rehearing denied October 30, 1939. Action to quiet title. Judgment for defendant. Reversed. 1. JUDGMENTS — On Pleadings. In passing on a motion by one party for judgment on the pleadings, all the material allegations of […]

The People of the State of Colorado, Plaintiff-Appellant and Cross-Appellee, v. Michael Witty, Defendant-Appellee and Cross-Appellant. No. 99CA0360Colorado Court of Appeals. October 26, 2000 Appeal from the District Court of El Paso County, Honorable Gilbert A. Martinez, Judge, No. 97CR2978. ORDER AFFIRMED, JUDGMENT REVERSED, AND CAUSE REMANDED WITH DIRECTIONS. Jeanne M. Smith, District Attorney, David […]

The People of the State of Colorado, Plaintiff-Appellant, v. Samuel Edward Sabell, Defendant-Appellee. No. 84SA105Supreme Court of Colorado. Decided October 21, 1985. Appeal from District Court, Adams County Honorable Michael A. Obermeyer, Judge Page 464 James F. Smith, District Attorney, Seventeenth Judicial District, Steven L. Bernard, Chief Trial Deputy District Attorney, Emil A. Rinaldi, Deputy […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Reed, Defendant-Appellant. No. 00CA0588.Colorado Court of Appeals. August 2, 2001. Certiorari Denied April 8, 2002 Jefferson County District Court No. 92CR998; Honorable Leland P. Anderson, Judge. SENTENCE AFFIRMED Division II Plank and Casebolt, JJ., concur Page 645 Ken Salazar, Attorney General, Cheryl Hone, Assistant Attorney […]

Hart Trinen, Plaintiff-Appellee, v. Surplus Electronics Corporation, E. Neal Bonavia, and Michael J. Fingar, Defendants-Appellants. No. 84CA0266Colorado Court of Appeals. Decided November 21, 1985. Appeal from the District Court of the City and County of Denver Honorable Sandra I. Rothenberg, Judge Page 492 Hart Trinen, Stephanie M. Smith, for Plaintiff-Appellee. Burg Wolfe, P.C., Thomas J. […]

The People of the State of Colorado, Plaintiff-Appellee, v. David Turley, Defendant-Appellant. No. 99CA0036Colorado Court of Appeals. July 20, 2000 Appeal from the District Court of the City and County of Denver. Honorable Federico C. Alvarez, Judge. Nos. 98CR1651 89CR1652. ORDER AFFIRMED. Page 803 Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael […]

114 P.2d 560 BAUM v. NATIONAL FINANCE COMPANY. No. 14,958.Supreme Court of Colorado. Decided May 12, 1941. Rehearing denied June 23, 1941. Action on promissory note. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. CONTRACTS — Construction. Different writings executed contemporaneously as a part of the same transaction must be construed together. 2. Construction […]

Sayat Nova, Inc., a Colorado corporation v. District Court in and for Pitkin County, and the Honorable J. E. DeVilbiss, one of the Judges thereof No. 80SA349Supreme Court of Colorado. Decided November 17, 1980. Original Proceeding Grueter Edmondson, P.C., Robert B. Edmondson, for petitioner. No appearance for respondent. Holland Hart, James T. Moran, for intervenor, […]

In the Matter of the Estate of Ottis Smith (deceased). Donna Snyder and Arnold Ogden, Co-Personal Representatives of the Estate of Ruth M. Smith (deceased), Petitioners-Appellants, v. Donald L. Smith, Personal Representative of the Estate of Ottis Smith, (deceased); Donald L. Smith and Eldon R. Smith, Respondents-Appellees. No. 85CA0026Colorado Court of Appeals. Decided March 20, […]

Dirk S. Nye, Petitioner-Appellee, v. Motor Vehicle Division of the State of Colorado, Department of Revenue, Respondent-Appellant. No. 94CA1543Colorado Court of Appeals. Decided July 13, 1995 Appeal from the District Court of Arapahoe County Honorable John P. Leopold, Judge No. 93CV2649. JUDGMENT AFFIRMED. Page 960 Brian Cook, Englewood, Colorado, for Petitioner-Appellee. Gale A. Norton, Attorney […]

(364 P.2d 396) HARRY EDWIN WISTRAND, ET AL. v. THE LEACH REALTY COMPANY. No. 19,628.Supreme Court of Colorado. Decided August 28, 1961. Action to recover money allegedly overpaid to defendants in real estate transaction. Judgment for plaintiff. Affirmed. 1. JUDGMENT — Res Judicata — Dismissal with Prejudice — Rules. Where order of dismissal expressly specified […]

The People of the State of Colorado, Plaintiff-Appellee, v. William Lewis Kraemer, Defendant-Appellant. No. 86CA1101Colorado Court of Appeals. Decided February 22, 1990. Rehearing denied March 29, 1990. Certiorari Denied September 4, 1990 (90SC235). Appeal from the District Court of the City and County of Denver Honorable John W. Coughlin, Judge Page 1372 Duane Woodard, Attorney […]

142 P.2d 383 CORFMAN v. McDEVITT AND OTHERS AS MEMBERS OF THE CIVIL SERVICE COMMISSION ET AL. No. 15,182.Supreme Court of Colorado. Decided October 11, 1943. An action by plaintiff in error to recover salary alleged to be due him after being wrongfully dismissed from his employment with the State Industrial School for boys. He […]

Aspen Wilderness Workshop, Inc., a Colorado non-profit corporation, Petitioner, v. The Colorado Water Conservation Board, an agency of the State of Colorado; Robert Tyler Martineau, Leo M. Eisel, David L. Harrison, Robert A. Jackson, James S. Lochhead, David E. Meyring, Janice C. Sheftel, David H. Smith, and Raymond B. Wright individual members of the Colorado […]

In the Matter of the Estate of John G. Faller, Deceased. Iris L. Fisher, Trustee, Petitioner-Appellee, v. Colorado Department of Health Care Policy and Financing, Respondent-Appellant. No. 01CA0110Colorado Court of Appeals. Division IV. July 18, 2002. Certiorari Denied April 14, 2003. Page 115 City and County of Denver Probate Court No. 00PR1035; Honorable C. Jean […]

31 P.2d 1113 PRING v. UDALL ET AL. No. 13,177.Supreme Court of Colorado. Decided April 16, 1934. Action to recover balance claimed to be due under a contract for the sale and purchase of cattle. Judgment for plaintiffs. Affirmed. 1. CONTRACTS — Principal and Agent — Ratification. In an action for balance claimed to be […]

(567 P.2d 806) Berry Construction, Inc., and American Employers Insurance Company v. The Industrial Commission of Colorado; Juereta P. Smith, Director, Colorado Division of Labor; and Claimants in the Matter of the Death of Joe Gillit No. 76-598Colorado Court of Appeals. Decided April 28, 1977. Rehearing denied May 19, 1977. Certiorari denied August 15, 1977. […]

Wayne HARRIS; Katherine Harris; Thomas Klebold; Susan Klebold; Theodore B. Mink, III, in his capacity as Sheriff of Jefferson County, Colorado; and Jefferson County Sheriff’s Department, Petitioners, v. The DENVER POST CORPORATION, d/b/a the Denver Post, Respondent. No. 04SC133.Supreme Court of Colorado. November 15, 2005. Appeal from the District Court, Jefferson County, No. 02CA13427, R. […]

8 P.2d 261 McLEAN ET AL. v. JONES, ADMINISTRATOR ET AL. No. 12,550.Supreme Court of Colorado. Decided January 25, 1932. Rehearing denied February 23, 1932. Action to recover interest in the estate of a deceased person. Partial recovery by plaintiffs who bring error. Defendants assign cross-error. Affirmed. 1. WILLS — Reciprocal — Contract — Breach. […]

(593 P.2d 1347) Southeastern Colorado Water Conservancy District; Northern Colorado Water Conservancy District; Southwestern Colorado Water Conservation District v. John Huston; Alan Leaffer; Wallace Yaffe, d/b/a various John Doe and Richard Roe joint ventures; Nedlog Technological Group; Colorado Pacific Energy; Colorado Pacific Aztec; and Bob Johnston, Jr. No. 79SA38Supreme Court of Colorado. Decided April 16, […]

In re the Marriage of Betty J. Ansay, Appellee, and Richard D. Ansay, Appellant. No. 91CA1581Colorado Court of Appeals. Decided September 24, 1992. Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge Page 528 Betty J. Ansay, Pro Se. Litvak and Litvak, P.C., Ronald D. Litvak, for Appellant. Division V. Opinion […]

CFI Steel, L.P., a limited partnership, Plaintiff-Appellee, v. United Steel Workers of America (USWA); United Steel Workers of America Locals 2102; United Steel Workers of America Locals 3267; Jack Golden, Director — District 12 USWA; David Kins, Sub-District Director Sub-District 6 of District 12 USWA; Ernie Hernandez, President, Local 2102; Joey Padilla, Financial Secretary, Local […]

(614 P.2d 886) The People of the State of Colorado v. Leroy Cunningham No. 79SA427Supreme Court of Colorado. Decided August 5, 1980. Defendant was convicted of first-degree assault and aggravated robbery and was sentenced to concurrent terms of not less than 28 nor more than 40 years. On appeal, defendant claims that the sentences are […]

In re: in the Matter of R.M.S., a child. No. 05SA308.Supreme Court of Colorado. February 13, 2006. Appeal from the District Court, Larimer County, Terence A. Gilmore, J. Jeffrey D. Easley, P.C., Jeffrey D. Easley, Denver, for Petitioners Ginny Villers and William Brian Villers. Liggett, Smith Wilson, P.C., Amy L. Rosenberg, Fort Collins, for Respondent […]

135 P.2d 228 WHITTENBERG v. WILLIAMS, DOING BUSINESS AS ADA WILLIAMS PEST CONTROL. No. 15,048Supreme Court of Colorado. Decided March 8, 1943. A suit in injunction to restrain defendant from violating the terms of a contract not to compete with plaintiff in business. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Not to Engage in Competitive […]

(444 P.2d 394) The Southland Corporation, a Texas corporation v. D.C. Burns Realty Trust Co., Inc., a Colorado corporation, Trustee. No. 22252.Supreme Court of Colorado. Decided August 19, 1968. Action by landlord against tenant for permanent injunction. From judgment permanently enjoining tenant from selling gasoline in conjunction with its operation of drive-in grocery on its […]

Employers Mutual of Wausau, and Associated Grocers v. Edgar L. Eidson, Industrial Commission of Colorado, Director of the Division of Labor, and Employers Fire Insurance Company No. 81CA1180Colorado Court of Appeals. Decided May 13, 1982. Review of Order of the Industrial Commission of the State of Colorado Page 960 Zarlengo, Mott and Zarlengo, Tama L. […]

American Pride Co-op, Plaintiff-Appellee, v. Andy Seewald, a/k/a Andrew Seewald, Defendant-Appellant. No. 97CA0198Colorado Court of Appeals. October 15, 1998 Appeal from the District Court of Adams County, Honorable Harlan R. Bockman, Judge, No. 96CV113. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS. Page 140 Clanahan, Tanner, Downing and Knowlton, P.C., Richard L. Shearer, Dino A. Ross, […]

The People of the State of Colorado, Complainant, v. Don Kenneth Hanks, Jr., Attorney-Respondent. No. 97SA215Supreme Court of Colorado. January 20, 1998 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Don Kenneth Hanks, Jr., Farmer Branch, Texas, Pro Se. EN BANC PER […]

(222 P.2d 180) WALKER v. TIMPTE BROS., INC. No. 16,532.Supreme Court of Colorado. Decided September 5, 1950. An action on a promissory note, and to recover judgment for services and materials furnished in connection with a trailer ordered by defendant from plaintiff. Judgment for plaintiff. Affirmed. PER CURIAM. Judgment affirmed en banc without written opinion, […]

(562 P.2d 752) Gary Gene Allen v. Donald Evans, Superintendent of the Colorado State Penitentiary No. 27152Supreme Court of Colorado. Decided April 11, 1977. Petitioner sought an injunction against his removal to the State of Idaho under the Interstate Agreement on Detainers. The district court denied an injunction and petitioner appealed. Reversed 1. HABEAS CORPUS […]

The People of the State of Colorado, Plaintiff-Appellant, v. S.M.D., Defendant-Appellee. No. 93SA153Supreme Court of Colorado. Decided January 10, 1994 Page 1104 Interlocutory Appeal from the District Court, Adams County Honorable Harlan R. Bockman, Judge RULING REVERSED Robert S. Grant, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, Colorado, Attorneys […]

(269 P.2d 696) COLORADO FUEL AND IRON CORPORATION v. INDUSTRIAL COMMISSION ET AL. No. 17,353.Supreme Court of Colorado. Decided April 12, 1954. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Commission Findings — Appeal and Error. In a proceeding under the Workmen’s Compensation Act, when there is no […]

LeRoy John Richardson v. The District Court in and for the Eighth Judicial District of the State of Colorado, and the Honorable John-David Sullivan, one of the Judges thereof No. 81SA208Supreme Court of Colorado. Decided August 17, 1981. Original Proceeding Page 596 J. Gregory Walta, State Public Defender, David D. Wymore, Deputy, Thomas J. Herd, […]

85 P.2d 719 HILL ET AL., v. BUNKER. No. 14,446.Supreme Court of Colorado. Decided December 12, 1938. Proceeding under the Workmen’s Compensation Act. Judgment denying compensation to claimant. Reversed. 1. WORKMEN’S COMPENSATION — Exemption — Farm Labor. One engaged in farming who, when not occupied on his own premises, undertakes the cutting and stacking of […]

(265 P.2d 998) DUGAN v. SCHOOL DISTRICT NO. 1, IN ARAPAHOE COUNTY ET AL. No. 16,954.Supreme Court of Colorado. Decided January 18, 1954. An action by a school teacher “for reinstatement and for wages of which she claimed she was wrongfully deprived.” Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Fact Findings. In an […]

IN RE THE INTEREST OF A.M.D., a CHILD, SUZAN K. CASTEEL, Petitioner v. JOHN M. DAVIDSON, Respondent. No. 02SC333.Supreme Court of Colorado. En Banc. October 20, 2003. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 00CA1875. JUDGMENT REVERSED. No. 02SC333 In re A.M.D., Casteel v. Davidson – Family Law —Child Support […]

The People of the State of Colorado, Complainant, v. Charles Stephen Cantrell, Attorney-Respondent. No. 95SA197Supreme Court of Colorado. Decided July 24, 1995 Original Proceeding in Discipline. PUBLIC CENSURE. Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Charles Stephen Cantrell, Pro Se, Wheat Ridge, Colorado. EN BANC JUSTICE KOURLIS […]

(584 P.2d 622) The People of the State of Colorado v. William Francis Saars No. 27849Supreme Court of Colorado. Decided September 18, 1978. Defendant was convicted of three counts of first-degree sexual assault, one count of second-degree burglary, and two counts of felony menacing and appealed. Affirmed 1. ARREST — Warrant — Obtain — Opportunity […]

(458 P.2d 756) June B. Anderson, James A. Anderson, William J. Doherty v. Cold Spring Tungsten, Inc. No. 22415.Supreme Court of Colorado. Decided September 15, 1969. Rehearing denied October 6, 1969. Action by plaintiff seeking to quiet title to certain real property and defendants counterclaimed alleging adverse possession. From denial of counterclaim and quieting title […]

GRAND COUNTY CUSTOM HOMEBUILDING, LLC, Plaintiff-Appellee, v. Fred L. BELL, a/k/a Fred Bell; Janice M. Bell, a/k/a Jan Bell; and Fred L. Bell Family Trust, Defendants-Appellants. No. 05CA2778.Colorado Court of Appeals. September 21, 2006. Appeal from the District Court, Grand County, Paul R. McLimans, J. Page 399 Peterson Dymond Reagor, LLP, David D. Schlachter, Douglas […]

Mid-Continent Resources, Inc., a Delaware corporation, Plaintiff-Appellee, v. Thomas P. Looby, Director of Health Environmental Protection, Colorado Department of Health; Division of Administration, Colorado Department of Health; Water Quality Control Division, Colorado Department of Health; Department of Health, State of Colorado, an agency of the State of Colorado, Defendants-Appellants. No. 93CA0297Colorado Court of Appeals. Decided […]

72 P.2d 1118 McKENDRY ET AL. v. CREDIT FINANCE INDUSTRIAL BANK. No. 14,211.Supreme Court of Colorado. Decided September 27, 1937. Judgment affirmed en banc without written opinion. Mr. Justice Bakke not participating. Error to the District Court of the City and County of Denver, Hon. Otto Bock, Judge. Mr. JAMES R. HOFFMAN, for plaintiffs in […]

(467 P.2d 265) Ivan M. Kroehnke and Beatrice I. Kroehnke v. Alfred F. Zimmerman, Catherine R. Zimmerman, and Coloevans, Inc., a corporation organized and existing under and by virtue of the Laws of the State of Colorado. No. 22612.Supreme Court of Colorado. Decided April 6, 1970. Action by tenants against landlords for damages and specific […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael Keith Tivis, Defendant-Appellant. No. 84CA1404Colorado Court of Appeals. Decided May 1, 1986. Rehearing Denied June 12, 1986. Certiorari Denied Tivis October 14, 1986 (86SC238). Appeal from the District Court of El Paso County Honorable Hunter D. Hardeman, Judge Duane Woodard, Attorney General, Charles B. Howe, […]

73 P.2d 987 BOARD OF COUNTY COMMISSIONERS OF MOFFAT COUNTY ET AL. v. UTAH-COLORADO LAND AND LIVESTOCK COMPANY. No. 14,168.Supreme Court of Colorado. Decided November 15, 1937. Suit to determine amount of money to be paid plaintiff, the holder of tax sale certificates of purchase acquired from a county at a substantial discount, on redemption […]

(227 P.2d 341) SNYDER v. CITY AND COUNTY OF DENVER. No. 16,380.Supreme Court of Colorado. Decided January 22, 1951. Plaintiff in error was found guilty of driving an automobile on the streets of a city while under the influence of intoxicating liquor, in violation of a municipal ordinance. Affirmed. 1. AUTOMOBILES — Intoxicating Liquor — […]

45 P.2d 895 UNITED STATES FIDELITY AND GUARANTY COMPANY ET AL. v. INDUSTRIAL COMMISSION, ET AL. No. 13,686.Supreme Court of Colorado. Decided May 13, 1935. Proceeding under the Workmen’s Compensation Act. Award of death benefits to claimant, which award was upheld by the district court. Affirmed. 1. WORKMEN’S COMPENSATION — Award by Referee — Review […]

(597 P.2d 1045) The Security State Bank of Sterling, Sterling, Colorado, a Colorado corporation v. Ronald G. Weingardt, d/b/a Rondos Department Store, Martin J. Weingardt, and Dona R. Weingardt v. George E. Clayton, and C W Developers No. 77-1115 No. 78-300Colorado Court of Appeals. Decided March 1, 1979. Opinion modified and as modified petition for […]

(547 P.2d 928) In Re the Marriage of Judith Ousley Gardella and John Raymond Gardella No. C-724Supreme Court of Colorado. Decided March 29, 1976. Action by petitioner-wife against respondent-husband for dissolution of marriage, and for a determination of the related issues of custody of children, child support, maintenance, property division, and attorney’s fees. Wife appealed […]

178 P.2d 426 MARYLAND CASUALTY COMPANY ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 15,784.Supreme Court of Colorado. Decided March 3, 1947. A proceeding under the Workmen’s Compensation Act. Claimant was awarded eighty-four dollars for expenses necessarily incurred by him in connection with a trip to attend a hearing on his claim before the Industrial […]

(497 P.2d 994) Henry Seferino Espinoza v. The People of the State of Colorado No. 24720Supreme Court of Colorado. Decided June 5, 1972. Defendant was convicted of burglary and brought error. Reversed 1. COURTS — United States Supreme Court — Gilbert v. California — Pretrial Lineup — In Camera — Tainted — Determination. The United […]

(459 P.2d 292) Board of County Commissioners of the County of Arapahoe, State of Colorado; Sheridan School District No. 2, Arapahoe County, and Bob D. McAfee, Edna Jeanne McAfee, James E. Jackson, Denmer A. Wells, Jr., Dorothy M. Wells, Jack O. Banks, Dorothy Banks, John L. Dorlac, Jr., and Juanita J. Dorlac v. The City […]

(406 P.2d 798) The Colorado River Water Conservation District v. Rocky Mountain Power Company. No. 20925Supreme Court of Colorado, En Banc. Decided October 25, 1965. November 8, 1965, Prayer of Petition for Rehearing granted and paragraph ordered stricken. Action involving certain claimed water rights. Judgment for defendant. Affirmed. 1. WATERS AND WATER COURSES — Appropriation […]

John Neal Anderson and Billy S. King, Plaintiffs-Appellees, v. Chong Nim Barnes and Wiley Barnes III, Defendants-Appellants. No. 82CA1011Colorado Court of Appeals. Decided August 11, 1983. Rehearing Denied September 8, 1983. Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge No appearance for plaintiffs-appellees. Page 1328 Newman E. McAllister, for […]

Vu, Inc., a Colorado corporation, Plaintiff-Appellee, v. Pacific Ocean Marketplace, Inc., a Colorado corporation, d/b/a Pacific Ocean Market; Pacific Ocean International Supermarket; and Trong Lam, individually, Defendants and Counterclaim Plaintiffs-Appellants, v. Asian Supermarket, Inc., Counterclaim Defendant-Appellee. No. 00CA0690Colorado Court of Appeals. May 10, 2001 Rehearing Denied July 19, 2001 Certiorari Dismissed November 15, 2001 City […]

(274 P.2d 96) FRY v. HOWE. No. 17,278.Supreme Court of Colorado. Decided September 13, 1954. An action on account for goods sold and delivered and for labor performed. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the District Court of the City and County of Denver, Hon. H.O. Ashton, […]

150 P.2d 310 CAMPBELL INVESTMENT COMPANY v. HIRSH. No. 15,394.Supreme Court of Colorado. Decided July 3, 1944. An action for damages for personal injuries. Judgment for plaintiff. Affirmed. 1. NEGLIGENCE — Evidence — Jury Question. Where there is a reasonable doubt as to inferences to be drawn from the facts, the issue of negligence must […]

(482 P.2d 986) Fort Collins-Loveland Water District, East Larimer County Water District, Berry N. Duff, and John E. Weitzel v. City of Fort Collins, Poudre School District No. R-1, in the County of Larimer and State of Colorado, and the Board of County Commissioners of the County of Larimer. No. 23833.Supreme Court of Colorado. Decided […]

32 P.2d 830 COLORADO INVESTMENT AND REALTY COMPANY v. NEWKIRK. No. 13,252.Supreme Court of Colorado. Decided May 7, 1934. Action against investment company to recover on a certificate of ownership in a first mortgage real estate bond sold by it to plaintiff. Judgment for plaintiff. Reversed. 1. BILLS AND NOTES — Collection — Principal and […]

Fort Logan Mental Health Center and State Compensation Insurance Fund, Petitioners, v. Industrial Commission of Colorado and Sister Antonella Marie Gutterres, Respondents. No. 82CA0412Colorado Court of Appeals. Decided January 13, 1983. Rehearing Denied February 10, 1983. Certiorari Granted June 20, 1983. Review of Order from the Industrial Commission of the State of Colorado J.D. MacFarlane, […]

Samantha Bellone, f/k/a Samantha Lederman, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, The Bailey Company, d/b/a Arby’s Restaurant, and Wausau Insurance Companies, Respondents. No. 96CA2079Colorado Court of Appeals. June 26, 1997 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. 4156077 ORDER SET […]

(608 P.2d 840) Gordon D. Brown and Leta Mayvis Brown v. Barrett Y. Brown, as Personal Representative of the Estate of Mable Inez Brown, Deceased. No. 79CA0574Colorado Court of Appeals. Decided January 4, 1980. Rehearing denied January 31, 1980. Certiorari denied March 31, 1980. In action by optionees seeking specific performance of option contract for […]

The People of the State of Colorado v. John L. Aragon No. 80SC277Supreme Court of Colorado. Decided April 5, 1982. Certiorari to the Colorado Court of Appeals Page 44 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Frederick Y. Yu, Special Assistant Attorney General. J. Gregory Walta, State Public […]

Stephens Dooley and Russell Ray, Deputy State Public Defenders, Petitioners, v. The District Court in and for the Seventh Judicial District, and The Honorable Thomas A. Goldsmith, one of the Judges thereof, Respondents. No. 90SA521Supreme Court of Colorado. Decided June 3, 1991. Original Proceeding. Page 810 David F. Vela, Colorado State Public Defender, Thomas R. […]

Allstate Insurance Company, Plaintiff-Appellee, v. Melanie Smith, Defendant-Appellant. No. 93CA0504Colorado Court of Appeals. Decided April 21, 1994. Rehearing Denied May 26, 1994. Certiorari Granted August 29, 1994. Appeal from the District Court of Adams County, Honorable John E. Popovich, Judge, No. 92CV0756 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Zupkus Ayd, Stefan Kazmierski, Patricia M. […]

THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellant, v. HUGHY DICKINSON, Defendant-Appellee. No. 96SA368Supreme Court of Colorado. December 16, 1996 Page 1310 Interlocutory Appeal from the District Court, La Plata County Honorable James D. Childress, Senior Judge RULING REVERSED. Sarah F. Law, District Attorney, Sixth Judicial District Durango, Colorado, Attorney for Plaintiff-Appellant. David F. Vela, […]

Daniel J. Rose, Plaintiff-Appellee, v. Allstate Insurance Company, Defendant-Appellant. No. 86CA0358Colorado Court of Appeals. Decided December 10, 1987. Rehearing Denied January 14, 1988 Certiorari Granted Rose May 16, 1988 (88SC67). Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge Robert E. Williamson, Duane A. Cole, for Plaintiff-Appellee. Fischer, Brown, Huddleson Gunn, […]

Irene Madrid, Plaintiff-Appellant, v. Safeway Stores, Inc., Defendant-Appellee. No. 83CA1253Colorado Court of Appeals. Decided October 3, 1985. Appeal from the District Court of the City and County of Denver Honorable Sandra I. Rothenberg, Judge Fogel, Keating Wagner, P.C., William L. Keating, for Plaintiff-Appellant. Anstine Hill, Arthur H. Anstine, Ty L. Foster, for Defendant-Appellee. Division II. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Samuel LINCOLN, Defendant-Appellee. Nos. 07SA82, 07SA83.Supreme Court of Colorado. June 25, 2007. Appeal from the District Court, Mesa County, Thomas Deister, J. Page 1275 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1276 […]

Joseph E. ROHS and Dorothy B. Rohs, Plaintiffs In Error, v. James A. HICKAM, d/b/a James A. Hlckam Realty Co., Defendant In Error. No. 70-225.Colorado Court of Appeals, Division I. June 16, 1970. Rehearing Denied July 2, 1970. Certiorari Denied September 25, 1970. 1. Appeal and Error 931(1), 1010(1). Reviewing court must search record for […]

William Henderson, Plaintiff-Appellant, v. Master Klean Janitorial, Inc., Defendant-Appellee. No. 02CA0637.Colorado Court of Appeals. Division III. April 10, 2003. City and County of Denver District Court No. 01CV1005; Honorable Larry J. Naves, Judge JUDGMENT AFFIRMED Page 613 Darrell S. Elliott, P.C., Darrell S. Elliott, Timothy P. McCaffrey, Kristen A. Spaeth, Denver, Colorado, for Plaintiff-Appellant White […]

Dzon M. Nguyen, Plaintiff-Appellant, v. Swedish Medical Center, Robert Schmidt, and David Bar-Or, Defendants-Appellees. No. 93CA1964Colorado Court of Appeals. Decided January 12, 1995 Appeal from the District Court of the City and County of Denver Honorable R. Michael Mullins, Judge No. 93CV1653. JUDGMENT AFFIRMED. Richard C. Cornish, Jay Junekun Choi, Englewood, Colorado, for Plaintiff-Appellant. Long […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kristina TAYLOR, Defendant-Appellant. No. 04CA0179.Colorado Court of Appeals. October 5, 2006. Rehearing Denied November 30, 2006. Certiorari Dismissed February 14, 2007. Appeal from the Douglas County District Court, No. 02CR44, Paul A. King, J. Page 731 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

(610 P.2d 81) Colorado River Water Conservation District v. Municipal Subdistrict, Northern Colorado Water Conservancy District No. 28417Supreme Court of Colorado. Decided September 17, 1979. Appeal by appellant river water conservation district from a conditional decree which granted to appellee municipal subdistrict the use of water to be exported from the natural basin of the […]

Robert F. Corbin, Plaintiff-Appellant, v. Sinclair Marketing, Inc., Defendant-Appellee. No. 83CA0568Colorado Court of Appeals. Decided June 14, 1984. Appeal from the District Court of the City and County of Denver Honorable Harold D. Reed, Judge Page 266 Robert E. Brooks, for plaintiff-appellant. Holme, Roberts Owen, John R. Webb, Linnea Brown, for defendant-appellee. Division I. Opinion […]

(337 P.2d 386) JOSE R. GALLEGOS v. HARRY C. TINSLEY, WARDEN, ETC. No. 18,707.Supreme Court of Colorado. Decided March 30, 1959. From discharge of a writ of habeas corpus, the petitioner brings error. Affirmed. 1. CRIMINAL LAW — Minor — Age — Accountability — Sentence — Statute. Under C.R.S. ’53, 40-1-3, a minor who is […]

National Farmers Union Property and Casualty Company, Plaintiff-Appellee, v. Estate of Donald E. Mosher, Defendant-Appellant. No. 99CA1385Colorado Court of Appeals. July 6, 2000 Certiorari Denied May 14, 2001. Appeal from the District Court of Arapahoe County. Honorable John P. Leopold, Judge. No. 98CV2525. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS. Page 532 Zupkus Angell, P.C., […]

(292 P.2d 986) O. OTTO MOORE, ET AL., AS TRUSTEES OF GEORGE W. CLAYTON COLLEGE v. CITY AND COUNTY OF DENVER, ET AL. No. 17,693.Supreme Court of Colorado. Decided January 30, 1956. Petition for construction of will George W. Clayton. From findings and order of the county court the trustees bring error. Affirmed. 1. WILLS […]

(593 P.2d 346) The People of the State of Colorado, In the Interest of T.H.; D.H.; F.H. and Concerning F.I.; E.I.; R.D.H. No. 28024Supreme Court of Colorado. Decided March 19, 1979. Appeal by the district attorney from a dismissal by the trial court of a dependency and neglect petition. Affirmed 1. APPEAL AND ERROR — […]

(245 P.2d 459) INDUSTRIAL COMMISSION ET AL. v. LA FORET CAMPS ET AL. No. 16,778.Supreme Court of Colorado. Decided May 19, 1952. Rehearing denied June 9, 1952. A proceeding under the Workmen’s Compensation Act. The Industrial Commission awarded compensation to claimant. In an appropriate action in the district court, the findings and award of the […]

Manuel R. Monarrez, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Division of Employment and Training, and Dubois Contract Services, Respondents. No. 91CA1953Colorado Court of Appeals. Decided July 16, 1992. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Page 608 William E. Benjamin, for Petitioner. […]

183 P.2d 260 AABERG v. THE PEOPLE. No. 15,753.Supreme Court of Colorado. Decided June 30, 1947. Plaintiff in error was convicted of larceny. Reversed. 1. CRIMINAL LAW — Larceny — Ownership. In a larceny case, the people are bound to prove ownership of the property alleged to have been stolen, as charged in the information. […]

The PEOPLE of the State of Colorado, Appellant, In the Interest of K.M., Juvenile-Appellee. No. 09CA1699.Colorado Court of Appeals. April 15, 2010. Appeal from the District Court, Weld County, No. 08JD355, Dinsmore Tuttle, J. Kenneth R. Buck, District Attorney, Christian J. Schulte, Chief Deputy District Attorney, Greeley, Colorado, for Appellant. No Appearance for Juvenile-Appellee. Opinion […]

In re the Marriage of Bruce Owen Beckman, Appellant, and Karen Holm, Appellee. No. 88CA0966Colorado Court of Appeals. Decided October 25, 1990. Appeal from the District Court of Jefferson County Honorable Kenneth E. Barnhill, Judge. Page 1377 Eckelberger and Feldman, Ethan D. Feldman, for Appellant. Cox, Mustain-Wood and Barbieri, Randall C. Mustain-Wood, for Appellee. Division […]

Herman White, Petitioner-Appellant, v. J. D. MacFarlane, Manager of Safety, City and County of Denver, Respondent-Appellee. No. 85SA180Supreme Court of Colorado. Decided January 27, 1986. Appeal from District Court, City and County of Denver Honorable Robert P. Fullerton, Judge Page 367 David F. Vela, Colorado State Public Defender, Philip A. Cherner, Deputy State Public Defender, […]

27 P.2d 745 POTTS ET AL v. BIRD. No. 12,911.Supreme Court of Colorado. Decided November 27, 1933. Action for damages for death of plaintiff’s husband resulting from an automobile collision. Judgment for plaintiff. Reversed. 1. INSTRUCTIONS — Statutes — Defense. A trial court cannot, in its instructions to the jury, withdraw from its consideration a […]

(585 P.2d 304) H. Wayne Mangus v. The Western Casualty and Surety Company No. 77-415Colorado Court of Appeals. Decided July 13, 1978. Rehearing denied August 3, 1978. Certiorari granted Western Casualty October 10, 1978. Certiorari dismissed as improvidently granted May 3, 1979. From trial court judgment absolving insurer from liability on its homeowner’s policy of […]