Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellant, v. Patricia Jean Inman, Defendant-Appellee. No. 88SA218Supreme Court of Colorado. Decided December 12, 1988. Interlocutory Appeal from District Court, Montezuma County Honorable Grace S. Merlo, Judge Dean J. Johnson, District Attorney, for Plaintiff-Appellant. T. Curtis Bobbitt, Deputy State Public Defender, for Defendant-Appellee. EN BANC CHIEF JUSTICE QUINN […]

Harry Buttermore, d/b/a High Country Painting, Plaintiff, v. Firestone Tire and Rubber Company, an Ohio corporation, Defendant-Appellant, and Leroy Schmidt Masonry, Inc., and Shireman Electric Construction Company, Defendants-Appellees. No. 85CA0237Colorado Court of Appeals. Decided May 29, 1986. Appeal from the District Court of El Paso County Honorable Robert M. Elliott, Judge Page 702 Cole, Hecox, […]

105 P.2d 404 MILLER ET AL. v. INDUSTRIAL COMMISSION ET AL. No. 14,778.Supreme Court of Colorado. Decided September 3, 1940. A proceeding under the Workmen’s Compensation Act. Judgment upholding the Industrial Commission in denying compensation. Affirmed. 1. WORKMEN’S COMPENSATION — Statute of Limitations — Payment of Hospital and Medical Bills. Payment of hospital and medical […]

The People of the State of Colorado, Plaintiff-Appellant, v. Robin Merrill Hess, Defendant-Appellee. No. 83SA152Supreme Court of Colorado. Decided September 4, 1984. Rehearing Denied September 24, 1984. Appeal from District Court, Adams County Honorable Philip F. Roan, Judge James F. Smith, District Attorney, Kathryn J. Aragon, Deputy District Attorney, Emil A. Rinaldi, Deputy District Attorney, […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of Michael J. Kleinfieldt, Respondent-Appellant. No. 83CA0233Colorado Court of Appeals. Decided March 29, 1984. Appeal from the District Court of El Paso County Honorable Donald E. Campbell, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, […]

NEWFLOWER MARKET, INC., Plaintiff-Appellee, v. Elizabeth C. COOK, Defendant-Appellant. No. 09CA0956.Colorado Court of Appeals. April 29, 2010. Appeal from the District Court, Boulder County, M. Gwyneth Whalen, J. Page 1059 Robinson Waters O’Dorisio, Stephen L. Waters, Kimberly A. Bruetsch, Denver, Colorado, for Plaintiff-Appellee. Stevens, Littman, Biddison, Tharp Weinberg, LLC, Craig A. Weinberg, Boulder, Colorado, for […]

Financial Associates, Ltd., a Colorado joint venture, Plaintiff-Appellant, v. G.E. Johnson Construction Company, Inc.; Michael H. Collins, Individually; Leland B. Roberts, Individually; Collins Roberts Architects, Inc. George D. Morris, Individually; Lincoln-Devore Testing Laboratory, Inc.; Howard C. Dutzi, Individually; and Howard C. Dutzi Associates, Inc., Defendants-Appellees. No. 83CA1094Colorado Court of Appeals. Decided July 19, 1984. Rehearing […]

City of Fort Collins, Colorado, a municipal corporation, Petitioner, v. Root Outdoor Advertising, Inc.; Gardner Signs, Inc.; James H. Trujillo; Beverly Faye Trujillo; Paul D. Hendrickson; Gary Duncan and Ron Montross, d/b/a D.M.H. Enterprises, a Partnership; Thelma L. Walker; and Colorado Department of Highways, Respondents. No. 88SC413Supreme Court of Colorado. Decided March 5, 1990. Certiorari […]

(360 P.2d 682) MORRIS FINE v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,156.Supreme Court of Colorado. Decided February 27, 1961. Rehearing denied April 10, 1961. Defendant was convicted of embezzlement and brings error. Affirmed. 1. CRIMINAL LAW — Search and Seizure — Prosecution — Use — Documents. Claim that prosecution was assisted by […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lloyd E. COLLIER, Defendant-Appellant. No. 05CA0897.Colorado Court of Appeals. November 30, 2006. Appeal from the District Court, City and County of Denver, Herbert L. Stern, J. Page 669 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

Ray D. Warren, Petitioner, v. Southern Colorado Excavators, Colorado Compensation Insurance Authority, the Industrial Claim Appeals Office of the State of Colorado, and Subsequent Injury Fund, Respondents. No. 92CA0601Colorado Court of Appeals. Decided March 25, 1993. Rehearing Denied May 6, 1993. Certiorari extension pending 05/19/93 (93SC315). Review of Order from the Industrial Claim Appeals Office […]

(365 P.2d 902) HENRY C. OBERST v. FLOY MAYS, TREASURER OF KIOWA COUNTY, ET AL. No. 19,229.Supreme Court of Colorado. Decided October 30, 1961. Action to enjoin enforcement of tax lien on farm land. Judgment for defendants. Affirmed. 1. TAXATION — Soil Erosion — Blowing — Assessment — Statute — Validity — Notice. C.R.S. ’53, […]

90 P.2d 957 ESTATE OF LOWELL. LOWELL, EXECUTRIX v. ARNETT. No. 14,362.Supreme Court of Colorado. Decided May 8, 1939. Rehearing denied May 29, 1939. Proceedings involving the allowance of a claim against the estate of a deceased person. Claim allowed as of the fifth class. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — Claims — Interest. Interest […]

113 P.2d 671 BUERGER BROTHERS SUPPLY COMPANY v. DENVER FIRE REPORTER AND PROTECTIVE COMPANY. No. 14,791.Supreme Court of Colorado. Decided May 5, 1941. Rehearing denied May 26, 1941. Action for damages resulting from an automobile accident. Judgment for defendant. Reversed. 1. AUTOMOBILES — Street Intersections — Right of Way — Contributory Negligence — Nonsuit. In […]

(484 P.2d 1233) The People of the State of Colorado v. Ronald K. Barnes. No. 25156.Supreme Court of Colorado. Decided May 17, 1971. Interlocutory appeal by the People for review of trial court ruling which suppressed certain evidence seized pursuant to a search incident to the warrantless arrest of defendant. Ruling Affirmed. 1. CRIMINAL EVIDENCE […]

Ronald D. Failing, Plaintiff-Appellee, v. Burlington Northern Railroad Company, Defendant-Appellant. No. 89CA1006Colorado Court of Appeals. Decided March 28, 1991. Rehearing Denied April 25, 1991. Certiorari Denied August 26, 1991 (91SC318). Appeal from the District Court of the City and County of Denver Honorable Robert F. Kelley, Judge. Page 975 Morrisard Rossi, P.C., James L. Cox, […]

(213 P.2d 605) MEHLBRANDT, ADMINISTRATRIX v. HALL. No. 16,117.Supreme Court of Colorado. Decided January 9, 1950. An action to set aside a deed. Judgment for defendant. Affirmed. 1. APPEAL AND ERROR — Court Findings — Presumption. Where the record in a case is completely silent as to the basis of the trial court’s finding, in […]

The People of the State of Colorado, In the Interest of P.A.M., a Child, Upon the Petition of the Denver Department of Social Services, Petitioner-Appellee, and Concerning L.V.M., Respondent-Appellant. No. 97CA1335Colorado Court of Appeals. May 14, 1998 Petition for Rehearing DENIED June 11, 1998. Petition for Writ of Certiorari DENIED July 27, 1998 Appeal from […]

(375 P.2d 676) PAUL H. RUHTER v. ALBERT LATHAM, ET AL. No. 19,806.Supreme Court of Colorado. Decided October 29, 1962. Rehearing denied November 19, 1962. Action to establish interest as partner or joint adventurer in unpatented lode and placer mining claims. Judgment for defendants. Affirmed. 1. EVIDENCE — Correspondence — Self-servicing Declarations. Even though letters […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Pharr, Defendant-Appellant. No. 83SA426Supreme Court of Colorado. Decided October 22, 1984. Appeal from District Court, Kit Carson County Honorable James R. Leh, Judge L. Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard H. Page 236 Forman, Solicitor General, Nathan B. Coats, Assistant […]

(532 P.2d 751) Dorothy F. Turner v. Marian N. Rossmiller, Norman F. Patrick, Francis H. Salter, John Lopez, constituting the Career Service Board of the City and County of Denver, a municipal corporation No. 74-120Colorado Court of Appeals. Decided February 19, 1975. Following extensive administrative proceedings, career service board of city determined that there had […]

19 P.2d 209 MASON ET AL. v. LE CLAIR MINES COMPANY ET AL. No. 13,217.Supreme Court of Colorado. Decided February 6, 1933. On motion to dismiss writ of error. Writ Dismissed. 1. BILL OF EXCEPTIONS — Preparation for Litigants. A defeated litigant is entitled to a bill of exceptions regardless of the time allowed for […]

Emmett Linnebur, Petitioner, v. Public Service Company of Colorado, a Colorado corporation, Respondent. No. 84SC254Supreme Court of Colorado. Decided April 21, 1986. Certiorari to the Colorado Court of Appeals Page 1121 Rothgerber, Appel Powers, Gregory L. Williams, for Petitioner. Kelly, Stansfield O’Donnell, Donald D. Cawelti, for Respondent. EN BANC JUSTICE VOLLACK delivered the Opinion of […]

The Hartford Fire Insurance Company, Plaintiff-Appellant and Cross-Appellee, v. Colorado Division of Insurance and Insurance Commissioner John Kezer, Defendants-Appellees and Cross-Appellants. No. 90CA1223Colorado Court of Appeals. Decided August 15, 1991. Rehearing Denied September 12, 1991. Certiorari Denied February 18, 1992 (91SC604). Appeal from the District Court of the City and County of Denver Honorable Warren […]

In the Matter of the PETITION OF R.G.B., II, Petitioner-Appellee, For the Adoption of T.C.C., a Child, and Concerning P.J.C., Respondent-Appellant. No. 03CA1428.Colorado Court of Appeals. Division I. August 12, 2004. Appeal from the District Court, El Paso County, David A. Gilbert, J. Page 959 Beltz West, PC, Daniel A. West, Colorado Springs, Colorado, for […]

Tim FERA, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado; Resources One, LLC, d/b/a Terra Firma; and Pinnacol Assurance, Respondents. No. 06CA1549.Colorado Court of Appeals. May 3, 2007. As Modified on Denial of Rehearing June 21, 2007. Certiorari Granted October 15, 2007. Appeal from the Workers’ compensation claimant sought review of order […]

Carlos M. Renteria, Plaintiff-Appellant and Cross-Appellee, v. Colorado State Department of Personnel, Joann Soker, State Personnel Director, and Colorado Department of Labor and Employment, John J. Donlon, Executive Director, Defendants-Appellees and Cross-Appellants. No. 89SA460Supreme Court of Colorado. Decided May 20, 1991. Opinion Modified, and as Modified, Rehearing Denied June 10, 1991. Appeal from District Court, […]

Charles Leslie Romans, Jr. 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. 81SA137Supreme Court of Colorado. Decided September 14, 1981. Original Proceeding Page 478 Gregory Walta, State Public Defender, Thomas J. Herd, Deputy, for petitioner. Stuart […]

(377 P.2d 538) MARIE BEAR, SPECIAL ADMINISTRATRIX OF THE ESTATE OF TONY BEAR, DECEASED, v. VIRGINIA BEAR. No. 20,072.Supreme Court of Colorado. Decided December 10, 1962. Action to determine interests in partnership assets following death of a partner. Judgment for defendant. Affirmed. 1. JOINT TENANCY — Contract — Survivorship. A contract of partnership containing a […]

Emery Olin, Plaintiff-Appellant, v. City of Ouray, Colorado, Defendant-Appellee. No. 85CA1121Colorado Court of Appeals. Decided April 2, 1987. Rehearing Denied May 7, 1987. Certiorari Granted City of Ouray October 5, 1987 (87SC214). Appeal from the District Court of Ouray County Honorable Jerry D. Lincoln, Judge Donald W. Marshall, Jr., P.C. (on the briefs), Donald W. […]

Blinder, Robinson Co., Inc., a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, v. Lyle Alzado, Defendant-Appellee, Cross-Appellant, and Third-Party Plaintiff-Appellee, Ronald Kauffman and Arnold Tinter, Third-Party Defendants-Appellants. No. 82CA1503Colorado Court of Appeals. Decided July 3, 1985. Rehearing Denied August 29, 1985. Certiorari Granted Alzado March 3, 1986 (85SC370). Appeal from the District Court of the City and […]

165 P.2d 188 ANDREWS v. COSTILLA DITCH COMPANY. No. 15,429.Supreme Court of Colorado. Decided November 26, 1945. Rehearing denied January 21, 1946. An action for damages allegedly resulting from the flooding of plaintiff’s lands and crops by waste water from defendant’s ditch. Judgment for defendant. Affirmed. 1. CONTRACTS — Oral — Evidence. Where the existence […]

102 P.2d 470 SCOTT ET AL. v. McCLAIN. No. 14,749.Supreme Court of Colorado. Decided April 1, 1940. Rehearing denied May 6, 1940. Action for damages for fraud and deceit. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. PLEADING — Demurrer. For the purposes of a general demurrer to a complaint, allegations of the latter […]

9 P.2d 612 PEOPLE EX REL. LAMB v. SHAFFER ET AL. No. 12,998.Supreme Court of Colorado. Decided March 14, 1932. Action in quo warranto over the office of director of a public library. The trial court held all the parties to be without title. Affirmed. 1. LIBRARIES — Public — Officers. Under C. L. §§ […]

Northwestern National Insurance Co., Plaintiff-Appellee, v. Larry G. Barnhart, d/b/a Power Stop, Defendant-Appellant. No. 84CA1418Colorado Court of Appeals. Decided December 26, 1985. Appeal from the District Court of El Paso County Honorable Hunter Hardeman, Judge Page 1361 Rector, Retherford, Mullen Johnson, Neil C. Bruce, Michael R. Waters, for Plaintiff-Appellee. Alexander Wieman, P.C., William A. Alexander, […]

(480 P.2d 600) The People of the State of Colorado by and through the Colorado Civil Rights Commission v. Fae L. Forrester and G. M. Walker No. 70-487Colorado Court of Appeals. Decided January 26, 1971. In action under auspices of Civil Rights Commission alleging discrimination in rental of housing, complainant filed bond. In action brought […]

The People of the State of Colorado, Plaintiff-Appellee, v. Elijah E. Beatty, Defendant-Appellant. No. 00CA2090Colorado Court of Appeals. February 27, 2003 As Modified on Denial of Rehearing July 3, 2003 Certiorari Denied December 15, 2003 El Paso County District Court No. 99CR968; Honorable Larry C. Schwartz, Judge. JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED IN […]

Junior A. Cole and Ruby F. Cole, Plaintiffs-Appellees, v. Michael V. Hotz, Defendant-Appellant. No. 85CA1112Colorado Court of Appeals. Decided August 27, 1987. Rehearing Denied September 24, 1987. Certiorari petition closed, cause remanded to Court of Appeals December 10, 1987 (87SC392). Appeal from the District Court of Gunnison County Honorable Robert A. Brown, Judge Page 680 […]

James A. Jeffries, Petitioner-Appellant, v. Fred Fisher, Executive Director, Motor Vehicle Division, Colorado Department of Revenue, Respondent-Appellee. No. 01CA2069.Colorado Court of Appeals. Division II. February 13, 2003. Lincoln County District Court No. 00CV68; Honorable Norman L. Arends, Judge JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Page 219 Forrest W. Lewis, P.C., Forrest W. Lewis, Denver, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Hubbert Herbert Roy, Defendant-Appellant. No. 95CA1278Colorado Court of Appeals. June 12, 1997. Petition for Rehearing DENIED July 10, 1997. Certiorari Denied December 22, 1997. Appeal from the District Court of the City and County Page 100 of Denver, Honorable William G. Meyer, Judge, No. 95CR571 JUDGMENT […]

The People of the State of Colorado, Plaintiff-Appellant v. Benjamin Otto Pate, Defendant-Appellee. No. 03SA37.Supreme Court of Colorado. En Banc. June 30, 2003. Interlocutory Appeal from the District Court, El Paso County, Case No. 02CR2801, Honorable Thomas L. Kennedy, Judge. JUDGMENT AFFIRMED. No. 03SA37, People v. Pate: U.S. Constitution — Colorado Constitution —Warrantless Searches — […]

JAM RESTAURANT, INC., a Colorado corporation, d/b/a Bella’s Cabaret, Plaintiff-Appellee and Cross-Appellant, v. CITY OF LONGMONT, an incorporated home rule municipality, Defendant-Appellant and Cross-Appellee. No. 04CA1705.Colorado Court of Appeals. February 23, 2006. Certiorari Denied July 31, 2006.[*] [*] Chief Justice MILLARKEY would grant as to the following issues: Whether the court of appeals erred in […]

(354 P.2d 585) HAROLD W. STEEVES, ET AL. v. REX L. SMILEY No. 18,904.Supreme Court of Colorado. Decided August 22, 1960. Rehearing denied September 12, 1960. Action for wrongful death and for personal injuries resulting from automobile accident. Following verdicts for plaintiffs, motions of defendant for directed verdicts were granted and plaintiffs bring error. Reversed. […]

185 P.2d 783 CLYNCKE v. BRANT. No. 15,848.Supreme Court of Colorado. Decided October 14, 1947. An action by the owner of real property to recover the amount paid a real-estate agent for procuring a purchaser for the property. Judgment for defendant. Affirmed. 1. BROKERS — Real Estate — Commission. A commission which has been paid […]

The People of the State of Colorado, Plaintiff-Appellee, v. George Valdez, Defendant-Appellant. No. 95CA0043Colorado Court of Appeals. November 29, 1996 Page 1388 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1389 Appeal from the District Court of Costilla County, Honorable Jesse Manzanares, […]

489 P.2d 1067 Winter Livestock Commission Co. v. LeRoy Noll d/b/a Limon Livestock Sales Co. and Limon Livestock Sales Co. No. 70-456Colorado Court of Appeals. Decided October 13, 1971. Consigner of cattle to defendant sales yard had purchased the cattle from plaintiff, but had paid for them with “short” check. Plaintiff alleged defendant wrongfully paid […]

Yvonne C. Burns, individually and as parent and natural guardian of Kevin Burns and Renee Burns; Steven Burns, an individual; and Bryan Burns, an individual v. The Denver Post, Inc., a Colorado corporation, and McGraw Hill Broadcasting Company, Inc., a New York corporation No. 78-1052Colorado Court of Appeals. Decided December 31, 1980. Rehearing denied March […]

The People of the State of Colorado, Plaintiff-Appellee v. Bernard C. Castro, Sr., Defendant-Appellant. No. 98CA2416.Colorado Court of Appeals. May 25, 2000. Appeal from the District Court of Pueblo County, Honorable C. Dennis Maes, Judge, No. 98CR91. JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 701 Ken Salazar, Attorney General, John J. Fuerst, III, Assistant […]

Adam WINTER, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 04SC654.Supreme Court of Colorado. January 9, 2006. Page 193 David S. Kaplan, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, for Petitioner. John W. Suthers, Attorney General, Karen E. Lorenz, Assistant Attorney General, Jennifer M. Smith, Assistant Attorney General, […]

(613 P.2d 642) The Adams County Department of Social Services, State of Colorado, and Board of County Commissioners, Adams County, State of Colorado, a body politic v. Lorna Frederick No. 79CA0312Colorado Court of Appeals. Decided June 12, 1980. County department of social services obtained a judgment for $1225 erroneously paid to public assistance recipient, and […]

(502 P.2d 427) Alonzo D. Maes v. Charles Tuttoilmondo, a/k/a Chuck Tuttoilmondo No. 71-203Colorado Court of Appeals. Decided August 29, 1972. Rehearing denied September 19, 1972. Certiorari denied November 20, 1972. More than one year after altercation in which defendant struck plaintiff several times with pool cue, plaintiff filed action, sounding in negligence. Statute of […]

(220 P.2d 1063) ROTHWELL ET AL. v. COFFIN, DISTRICT JUDGE. No. 16,491.Supreme Court of Colorado. Decided June 26, 1950. Rehearing denied July 24, 1950. An action in certiorari involving eminent domain proceedings. Rule to Show Cause Discharged. 1. EMINENT DOMAIN — Duty of Commission — Appeal and Error. In eminent domain proceedings, the duty of […]

(546 P.2d 972) The People of the State of Colorado In the Interest of A.F., The People of the State of Colorado In the Interest of W.R. No. 74-600 No. 74-601Colorado Court of Appeals. Decided December 4, 1975. Rehearing denied December 26, 1975. Certiorari granted March 8, 1976. Juvenile court granted probation to certain delinquent […]

(431 P.2d 866) Henry Louis Balloga, Emmitt P. Lynch, Missouri Pacific Railroad Company, a corporation, a/k/a Missouri Pacific Railroad, a corporation, a/k/a Missouri Pacific Lines v. Phyllis L. Wyman and Pueblo Dairy Exchange, Inc. a Colorado corporation. No. 21430.Supreme Court of Colorado. Decided September 25, 1967. Action under wrongful death statute by widow of driver […]

(543 P.2d 1293) Ruby Kisner Altergott v. Harold Yeager, Albert Yeager, individually and as Co-executor of the Estate of Herman Yeager, a/k/a Herman W. Yeager, deceased, and Victor Yeager, Co-executor of the Estate of Herman Yeager, a/k/a Herman W. Yeager, deceased No. 74-049Colorado Court of Appeals. Decided October 9, 1975. Rehearing denied November 6, 1975. […]

The DENVER FOUNDATION, Petitioner. v. WELLS FARGO BANK, N.A., Respondent. No. 05SC849.Supreme Court of Colorado. July 2, 2007. Rehearing Denied August 13, 2007.[*] [*] Justice Rice, Justice Coats and Justice Eid would grant the Petition. Appeal from the Court, City and County of Denver, C. Jean Stewart, J. Page 1117 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

In re the Petition of C.L.S., and Lutheran Family Services of Colorado, Inc., Petitioner-Appellee, In the Interest of E.N.S., a Child, and Concerning J.O., Respondent-Appellant, and N.M. and J.M., Intervenors-Appellees. No. 10CA0529.Colorado Court of Appeals. March 3, 2011. Appeal from the District Court, Larimer County, No. 08JR5, Terence A. Gilmore, J. Page 557 Myatt Brandes […]

(216 P.2d 659) PHILLIPS ET AL. v. CHRISTENSEN. No. 16,377.Supreme Court of Colorado. Decided March 6, 1950. A proceeding involving the custody of a minor child. The mother consenting, the trial court awarded its custody to the father “as against the maternal grandparents, who had intervened.” Affirmed. 1. CHILDREN — Custody — Evidence. In a […]

Linda Lou Craig, Petitioner, v. Elbert E. Rider, Miles Ericson Craig, Devisees in the Estate of Lulu Ann King, Deceased; United States Bank of Grand Junction, Personal Representative of the Estate of Lulu Ann King, Deceased, Respondents. No. 81SC45Supreme Court of Colorado. Decided September 27, 1982. Certiorari to the Colorado Court of Appeals Page 398 […]

(597 P.2d 1043) Certified Realty Corporation, a Colorado Corporation v. Robert T. Smith No. C-1687Supreme Court of Colorado. Decided July 23, 1979. Rehearing denied August 13, 1979. Action on a promissory note by creditor to recover unpaid principal, default interest and attorney’s fees. The district court held that the creditor could recover only overdue payments […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gwen E. Hendricks, Defendant-Appellant. No. 94CA0168Colorado Court of Appeals. February 5, 1998 Petition for Rehearing DENIED March 19, 1998 Petition for Writ of Certiorari GRANTED. EN BANC. March 15, 1999. Appeal from the District Court of Douglas County, Honorable Thomas J. Curry, Judge, No. 91CR125 JUDGMENT […]

The People of the State of Colorado, Complainant, v. Bruce Jeffrey Wechsler, Attorney-Respondent. No. 92SA471Supreme Court of Colorado. Decided June 14, 1993. Original Proceeding in Discipline Page 218 Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Michael D. Gross, for Attorney-Respondent. EN BANC PER CURIAM. [1] The respondent in this attorney […]

In re the Marriage of: Arthur B. Hiner, III, Petitioner, and Joan Marie Hiner, Respondent. No. 83SC274Supreme Court of Colorado. Decided December 16, 1985. Rehearing Denied January 13, 1986. Certiorari to the Colorado Court of Appeals Page 489 Lawrence Litvak, P.C., Lawrence Litvak; Irvin M. Kent, for Petitioner. John D. Comer; Raphael M. Solot, for […]

(526 P.2d 313) In the matter of the estate of Judith Perini, deceased. Madeline C. Rudolph, Administratrix v. Carl N. Perini No. 73-394Colorado Court of Appeals. Decided July 9, 1974. Rehearing denied July 30, 1974. Certiorari denied October 21, 1974. In the fourth appeal relative to the same issue, administratrix appealed from an order denying […]

(541 P.2d 1248) Yvonne Brown v. The District Court in and for the Seventeenth Judicial District of the State of Colorado and Abraham Bowling, one of the Judges thereof No. 26976Supreme Court of Colorado. Decided November 3, 1975. Original proceeding involving petition for mandamus setting forth that petitioner, who is indigent, has been charged with […]

Upon the Petition of Jane DOE 2, Petitioner-Appellant. No. 07CA1095.Colorado Court of Appeals. June 28, 2007. Page 294 Opinion by Judge VOGT. Petitioner, Jane Doe 2, appeals the trial court’s order denying her petition under § 12-37.5-107, C.R.S.2006, for a waiver of parental notification requirements concerning an abortion. We affirm. I. Petitioner stated in her […]

42 P.2d 1001 MOFFAT COAL COMPANY ET AL. v. PODBELSK ET AL. No. 13,651.Supreme Court of Colorado. Decided March 11, 1935. Rehearing denied April 1, 1935. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Reopening Case — Supplemental Award. In a workmen’s compensation proceeding, on petition to reopen the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jose Apodaca, Defendant-Appellant. No. 98CA0042Colorado Court of Appeals. Division V May 27, 1999 Rehearing Denied June 24, 1999. Certiorari Denied April 24, 2000. Appeal from the District Court of Jefferson County, Honorable Henry E. Nieto, Judge, No. 97CR730. Page 26 JUDGMENT AND ORDER AFFIRMED Page 27 […]

Skydive Colorado, Inc., a Colorado corporation, Plaintiff-Appellee, v. Mid-States Aircraft Engines, Inc., an Oklahoma corporation, Defendant-Appellant. No. 92CA0071Colorado Court of Appeals. Decided April 8, 1993. Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge J. Scott Hamilton, P.C., J. Scott Hamilton, for Plaintiff-Appellee. Herbert T. Buchwald, P.A., Herbert T. Buchwald; Law Firm […]

The People of the State of Colorado, Plaintiff-Appellee, v. Russell Millard Hampton, Defendant-Appellant. No. 91CA1057Colorado Court of Appeals. Decided November 19, 1992. Rehearing Denied January 7, 1993. 2d Rehearing Denied January 28, 1993. Certiorari Granted September 7, 1993 (93SC77). Certiorari Granted on the following issues: Whether the court of appeals erred by holding that the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Barbara L. Carpenter, Defendant-Appellant. No. 93CA1516Colorado Court of Appeals. Decided October 6, 1994 Appeal from the District Court of Park County Honorable Kenneth M. Plotz, Judge No. 92CR17 ORDER AFFIRMED Page 335 Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. […]

(386 P.2d 590) THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO v. STANTON TRANSPORTATION COMPANY, ET AL. No. 20,329.Supreme Court of Colorado. Decided November 4, 1963. Rehearing denied November 26, 1963. From a judgment vacating conditions imposed upon the transfer of a contract carrier permit, the Commission brings error. Reversed. 1. STATUTES — Construction […]

(417 P.2d 777) David Gushurst, Administrator of the Estate of Francis Wilson Hennis, aka F. W. Hennis, Deceased v. Wanda Billie Benham. No. 21016.Supreme Court of Colorado. Decided September 6, 1966. Action for damages by claimant against estate of deceased arising out of an automobile collision. Judgment for claimant. Affirmed. 1. AUTOMOBILE — Smoke — […]

(519 P.2d 323) Troy W. Paris v. The Civil Service Commission of the State of Colorado No. C-369Supreme Court of Colorado. Decided February 25, 1974. Civil Service Commission, after a hearing, determined that State Compensation Fund employee’s dismissal was proper. On review, the district court and the Court of Appeals, 32 Colo. App. 21, 510 […]

John A. Fleming, Plaintiff-Appellant, v. Lentz, Evans, and King, P.C., a Colorado corporation; and Bruce Evans, in his official and individual capacity, Defendant-Appellee. No. 93CA0033Colorado Court of Appeals. Decided March 10, 1994 Appeal from the District Court of the City and County of Denver, Honorable J. Stephen Phillips, Judge, No. 91CV8945 JUDGMENT AFFIRMED Page 39 […]

172 P.2d 678 HOLLENBECK AND REEVES v. PETERSON. No. 15,539.Supreme Court of Colorado. Decided September 3, 1946. An action in replevin. Judgment for defendant Peterson. Affirmed. 1. VERDICT — Practice and Procedure. There seems to be no law against the sending of a directed, but unsigned, verdict on one phase of a case to the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Dwight Allen Bowers, Defendant-Appellant. No. 86CA1408Colorado Court of Appeals. Decided November 17, 1988. Rehearing Denied December 22, 1988. Certiorari Granted 05/30/89 (89SC43). Page 1094 Appeal from the District Court of Arapahoe County Honorable Robert F. Kelley, Judge. Page 1095 Duane Woodard, Attorney General, Charles B. Howe, […]

In the Matter of the Estate of Rosa Grobman a/k/a Rose Grobman, Louisa Nunez v. Edward A. Jersin No. 79CA0114Colorado Court of Appeals. Decided May 7, 1981. Rehearing denied June 4, 1981. Certiorari denied October 5, 1981. Appeal from the Probate Court of the City and County of Denver Honorable James R. Wade, Judge. Page […]

Broadmoor Hotel, Inc., a Colorado corporation, Plaintiff-Appellee, v. Department of Revenue, State of Colorado, Alan N. Charnes, Executive Director, Defendant-Appellant. No. 87CA1639Colorado Court of Appeals. Decided April 6, 1989. Appeal from the District Court of El Paso County Honorable David D. Parrish, Judge. Sherman Howard, Ben S. Wendelken, for Plaintiff-Appellee. Duane Woodard, Attorney General, Charles […]

(517 P.2d 389) The People of the State of Colorado v. Michael John Larkin No. 25572Supreme Court of Colorado. Decided December 24, 1973. Defendant was convicted for (1) having an incendiary device under his control contrary to the statute, and (2) conspiring to possess explosives or incendiary devices contrary to the statute and appealed. Reversed […]

(484 P.2d 796) Percy Jaggers v. The People of the State of Colorado. No. 24001.Supreme Court of Colorado. Decided May 10, 1971. Defendant was convicted of aggravated robbery and brought error. Affirmed. 1. CRIMINAL EVIDENCE — Aggravated Robbery — Eyewitness Testimony — Discrepancy — Weight — Submission to Jury — Proper. In prosecution for aggravated […]

61 P.2d 1027 KANSAS CITY LIFE INSURANCE COMPANY v. PETTIT. No. 13,730.Supreme Court of Colorado. Decided October 5, 1936. Rehearing denied November 2, 1936. Action on life insurance policy. Judgment for plaintiff. Reversed. 1. CONTRACTS — Construction. Courts cannot make a new contract in lieu of the one originally entered into by the parties thereto. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Wyatt PACHECO, Defendant-Appellee. No. 08SA56.Supreme Court of Colorado. May 19, 2008. Appeal from the District Court, Moffat County, Shelley A. Hill, J. Page 1181 Bonnie S. Roesink, District Attorney, 14th Judicial District, Jeremy J. Snow, Deputy District Attorney, Craig, Colorado, Attorneys for Plaintiff-Appellant. Douglas K. Wilson, […]

Grace Mancuso, Plaintiff-Appellant, v. United Bank of Pueblo, a state banking corporation, Defendant-Appellee. No. 88CA1205Colorado Court of Appeals. Decided January 11, 1990. Rehearing Denied February 15, 1990. Certiorari Granted August 13, 1990 (90SC142). Certiorari Granted on the following issues: Whether the respondent bank had the duty to exercise reasonable care in rendering advice to the […]

165 P.2d 1017 TOY ET AL. v. ROGERS ET AL. No. 15,183.Supreme Court of Colorado. Decided February 4, 1946. An action to foreclose mechanics’ liens. Judgment of dismissal. Reversed. 1. PRACTICE AND PROCEDURE — Amendments. In an action to foreclose mechanics’ liens, when evidence was received without objection clearly establishing plaintiffs’ right to relief under […]

James P. Vigil, as Conservator for James R. Vigil, Plaintiff-Appellant, v. William Franklin, Gladys Franklin, and Will Franklin, Defendants-Appellees. No. 01CA2172Colorado Court of Appeals. May 22, 2003 Certiorari Granted January 12, 2004. Otero County District Court No. 99CV0111; Honorable M. Jon Kolomitz, Judge. JUDGMENT AFFIRMED. Page 1085 Buchanan, Jurdem Zulauf, P.C., Ross B.H. Buchanan, Denver, […]

(403 P.2d 436) ROBERT WELLINGTON WILLIAMS v. THE PEOPLE OF THE STATE OF COLORADO. No. 21327.Supreme Court of Colorado. Decided June 21, 1965. Rehearing denied July 6, 1965. Defendant was convicted of burglary and larceny and brought error. Affirmed. 1. CRIMINAL LAW — Burglary — Larceny — Complaining Witnesses — Affidavit — Conflict of Testimony […]

(560 P.2d 849) In re the Marriage of Gloria C. Edwards and Emerick R. Edwards No. 76-214Colorado Court of Appeals. Decided February 10, 1977. In dissolution of marriage proceeding, trial court ordered reduction of monthly child support payments, and wife appealed. Order Reversed 1. DISSOLUTION OF MARRIAGE — Child Support — Motion to Reduce — […]

(566 P.2d 714) James Downing, Jr. v. A. A. Lillibridge No. 76-394Colorado Court of Appeals. Decided April 21, 1977. Rehearing denied May 5, 1977. Certiorari denied July 25, 1977. Alleging that defendant’s dog had escaped from defendant’s premises and had chased plaintiff’s minibike thereby causing accident, plaintiff sought damages. From directed verdict for defendant, plaintiff […]

Hillebrand Construction Company and State Compensation Insurance Authority, Petitioners, v. Keith Worf, the Industrial Claim Appeals Office of the State of Colorado and Director, Division of Labor, Respondents. No. 88CA1270Colorado Court of Appeals. Decided April 13, 1989. Review of Order from the Industrial Claim Appeals Office of the State of Colorado Page 25 Paul Tochtrop, […]

State of Colorado; ex rel. Ken Salazar, Attorney General For The State Of Colorado; and Laura E. Udis, Administrator, Uniform Consumer Credit Code, Petitioners v. The Cash Now Store, Inc., Respondent. No. 00SC489Supreme Court of Colorado. September 10, 2001 Page 162 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 98CA2380 JUDGMENT […]

The People of the State of Colorado, Plaintiff-Appellee, v. Brent Lemons, Defendant-Appellant. No. 89CA1849Colorado Court of Appeals. Decided August 1, 1991. Rehearing Denied September 12, 1991. Certiorari Denied January 27, 1992 (91SC610). Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge. Page 57 Gale A. Norton, Attorney General, Raymond T. Slaughter, […]