Category: Colorado Court Opinions

(357 P.2d 917) GERALD DIXON v. HARRY R. ABRAMS. No. 18,998.Supreme Court of Colorado. Decided December 19, 1960. Rehearing denied January 9, 1961. Action to quiet Title to certain mineral rights in Lands. Judgment for the plaintiff. Reversed. 1. DEEDS — Exceptions — Understanding of Parties — Mineral Rights. Where a purchaser of lands knows […]

Elizabeth B. Buck, Gaylord B. Buck, and Gaylord B. Buck, III, Plaintiffs-Appellants, v. Virginia Park, David Little, Gordon Lewis, Roger Simmons, and James Schmidt, individually and as members of the Board of Adjustment; Margaret Cunningham, Virginia Park, Nancy Zimmerman, George Hadji, Jack North, John Osborn, and Richard Slivka, individually and as members of the Planning […]

(284 P.2d 235) HARSIN MOTOR CO. v. THE COLORADO SAVINGS TRUST CO., ET AL. No. 17,542.Supreme Court of Colorado. Decided May 31, 1955. Suit to recover amount of check paid on forged indorsement. Judgment for defendants. Reversed. 1. BANK AND BANKING — Check — Forged Indorsement. Where an imposter, on whose indorsement a check is […]

Pueblo West Metropolitan District, Applicant-Appellant, v. Southeastern Colorado Water Conservancy District and Upper Arkansas Water Conservancy District, Objectors-Appellees, and Robert Jesse as Division Engineer, Appellee. No. 84SA310Supreme Court of Colorado. Decided April 21, 1986. Opinion Modified and, As Modified Rehearings Denied May 19, 1986. Appeal from District Court, Water Division No. 2 Honorable John R. […]

PARATRANSIT RISK RETENTION GROUP INSURANCE COMPANY, f/k/a Paratransit Risk Retention Group of Maryland, Inc., a Tennessee corporation registered to do business in the State of Colorado, Plaintiff-Appellee and Cross-Appellant, v. Duane H. KAMINS, Defendant-Appellant and Cross-Appellee. No. 04CA0905.Colorado Court of Appeals. February 22, 2007. Appeal from the cases and following a bench trial, the El […]

(486 P.2d 1055) James R. England v. The People of the State of Colorado No. 24144Supreme Court of Colorado. Decided June 28, 1971 Defendant pled guilty to the charge of aggravated robbery. From denial of his motion under Rule 35(b), he brought error seeking vacation of sentence and resentencing. Reversed. 1. ROBBERY — Aggravated — […]

180 P.2d 236 TUNNEL WATER COMPANY ET AL. v. BENZIGER. No. 14,731.Supreme Court of Colorado. Decided April 28, 1947. Judgment affirmed en banc without written opinion. Mr. Justice Hays dissents. Mr. Justice Stone not participating. Error to the District Court of Larimer County, Hon. Claude C. Coffin, Judge. Mr. BYRON G. ROGERS, Attorney General, Mr. […]

147 P.2d 478 BICKNELL ET AL. v. VOLLMUTH ET AL. No. 15,456.Supreme Court of Colorado. Decided March 27, 1944. An action for injunction and damages, involving the right to the use of water for irrigation. Judgment for plaintiffs. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Conflicting Testimony — Findings. Where the testimony […]

(286 P.2d 628) MARTICIA FOX v. ROY MARTENS. No. 17,574.Supreme Court of Colorado. Decided August 2, 1955. Rehearing denied August 29, 1955. Damage action against adjoining property owner for injuries resulting from fall on slippery ground occasioned by overflow of water from defendant’s premises. Judgment for defendant. Affirmed. 1. EVIDENCE — Photographs — Admissibility. The […]

Thomas J. Mahon, Francis H. Mahon, Frank N. Zarlengo, and The Vincent A. Covillo Trust, Plaintiffs-Appellees, v. Bart Harst, and John B. Smith, Defendants-Appellants. No. 85CA1439Colorado Court of Appeals. Decided April 9, 1987. Appeal from the District Court of Arapahoe County Honorable Robert T. Kingsley, Judge Honorable Charles A. Friedman, Judge Page 1191 [EDITORS’ NOTE: […]

(342 P.2d 1022) BROADWAY ROOFING AND SUPPLY, INC. v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT, ET AL. No. 19,066.Supreme Court of Colorado. Decided August 17, 1959. Rehearing denied August 31, 1959. Original proceeding to restrain enforcement of an order releasing a lis pendens in an action pending to foreclose a mechanic’s lien. Rule to […]

In re the Marriage of Rebecca K. Mohrlang, Appellee, and Bruce A. Mohrlang, Appellant. No. 02CA0360.Colorado Court of Appeals. July 31, 2003. Rehearing denied September 18, 2003. Certiorari Denied March 8, 2004 Morgan County District Court No. 00DR0125; Honorable Douglas R. Vannoy, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 562 Kaplan Law, L.L.C., […]

Pueblo, a municipal corporation, Petitioner-Appellant, v. The County Court in and for the County of Pueblo in the 10th Judicial District and State of Colorado, and the Honorable Alex Martinez, one of the Judges thereof and John L. Dappen, Respondents-Appellees. No. 86CA1664Colorado Court of Appeals. Decided August 11, 1988. Appeal from the District Court of […]

The People of the State of Colorado, Complainant, v. Turman Curtis Bobbitt, Attorney-Respondent. No. 92SA426 No. 93SA200Supreme Court of Colorado. Decided October 18, 1993. Original Proceedings in Discipline Page 903 Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Turman Curtis Bobbitt, Pro Se. EN BANC. PER CURIAM [1] We have consolidated […]

(604 P.2d 691) Robert L. Einarsen, Harold D. Einarsen, and Charles A. Einarsen v. City of Wheat Ridge, a municipal corporation; City Council of the City of Wheat Ridge; and State of Colorado No. 79CA0257Colorado Court of Appeals. Decided September 13, 1979. Opinion modified and as modified petition for rehearing denied October 18, 1979. Certiorari […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Stacey Lee BRYANT, Defendant-Appellant. No. 04CA0085.Colorado Court of Appeals. April 7, 2005. Certiorari Denied November 15, 2005. Appeal from the District Court, Arapahoe County, Cheryl L. Post, J. Page 1027 John W. Suthers, Attorney General, Wendy J. Ritz, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. David […]

The People of the State of Colorado, Plaintiff-Appellant, v. Gary Gene Sanders, Jr., Defendant-Appellee. No. 95SA224Supreme Court of Colorado. Decided November 6, 1995 Interlocutory Appeal from the District Court, Fremont County Honorable John E. Anderson III, Judge Page 1312 RULING REVERSED AND CASE REMANDED WITH DIRECTIONS Edward Rodgers, District Attorney, Eleventh Judicial District C.M. Barton, […]

BROWN GROUP RETAIL, INC., a Pennsylvania corporation, Plaintiff-Appellee and Cross-Appellant, v. STATE of Colorado and Colorado Department of Transportation, Defendants-Appellants and Cross-Appellees. No. 04CA1874.Colorado Court of Appeals. August 24, 2006. Certiorari Granted April 9, 2007. Appeal from the District Court, City and County of Denver, John W. Coughlin, J. Page 482 [EDITORS’ NOTE: THIS PAGE […]

555 P.2d 1163 The People of the State of Colorado v. Terry Lee Brown No. 26408Supreme Court of Colorado. Decided November 8, 1976. Defendant was convicted of first-degree assault and appealed. Affirmed 1. COURTS — United States Supreme Court — Miranda v. Arizona — Accused — Denial — Setting Fire — Interrogation — Negative. In […]

(538 P.2d 430) Public Service Company of Colorado, a Colorado corporation v. Industrial Commission of the State of Colorado and Garthur D. Severence (deceased) No. 26719Supreme Court of Colorado. Decided July 14, 1975. Claimant was granted an award as a result of a heart attack and an appeal was taken. Affirmed 1. WORKERS’ COMPENSATION — […]

(290 P.2d 1107) LOUISE LIEBHARDT, ADMINISTRATRIX, ETC. v. NEIL TASHER, INHERITANCE TAX COMMISSIONER OF THE STATE OF COLORADO. No. 17,590.Supreme Court of Colorado. Decided December 5, 1955. Rehearing denied January 3, 1956. Proceeding to assess inheritance tax in estate of deceased person. The county court approved the report of the Inheritance Tax Commissioner and assessed […]

The People of the State of Colorado, Plaintiff-Appellee, v. Neal R. Jones, Defendant-Appellant. No. 99CA0024.Colorado Court of Appeals. December 9, 1999. Appeal from the District Court of Arapahoe County, Honorable Michael J. Watanabe, Judge, Honorable Timothy L. Fasing, Judge, No. 97CR2589. ORDER AFFIRMED. Ken Salazar, Attorney General, John D. Seidel, Assistant Attorney General, Denver, Colorado, […]

(590 P.2d 518) Insurance Specialists, Inc., a Colorado corporation v. Donald C. Sandefur No. 78-336Colorado Court of Appeals. Decided January 25, 1979. Guarantor appealed a judgment holding him liable in that capacity. Affirmed 1. GUARANTY — Notice of Revocation — Continuing Guaranty — Requirement — Clearly and Unqualifiedly Expressed — No Inference of Intent. A […]

Emilio PAREDES, Plaintiff-Appellant, v. AIR-SERV CORPORATION, INC. and United Air Lines, Inc., Defendants-Appellees. No. 09CA1729.Colorado Court of Appeals. December 9, 2010. Appeal from the District Court, City and County of Denver, Robert L. McGahey Jr., J. Page 1240 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

Elena M. Finizio and State Farm Mutual Automobile Insurance Co., Plaintiffs-Appellants, v. American Hardware Mutual Insurance Co., Defendant-Appellee. No. 97CA0515Colorado Court of Appeals. April 2, 1998 Rehearing Denied April 30, 1998 Certiorari Denied October 26, 1998 Appeal from the District Court of Boulder County, Honorable Daniel C. Hale, Judge, No. 96CV1377 JUDGMENT REVERSED AND CAUSE […]

Helen Tuttle, Plaintiff-Appellee, v. ANR Freight System, Inc., Defendant-Appellant. No. 88CA0239Colorado Court of Appeals. Decided August 9, 1990. Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Page 826 LaFond Evangelisti, Richard C. LaFond, Cathy L. Cooper, for Plaintiff-Appellee. Sherman Howard, Walter V. Siebert, Susan K. Grebeldinger, for Defendant-Appellant. Division IV. […]

(590 P.2d 979) Phyllis Millenson and Majestic Marketing Company v. Department of Highways No. 77-765Colorado Court of Appeals. Decided November 2, 1978. Rehearing denied December 7, 1978. From a judgment entered on a jury verdict finding it liable in a wrongful death and indemnity action arising out of an automobile collision, the defendant and third-party […]

124 P.2d 240 JACKSON ET AL. v. CITY AND COUNTY OF DENVER. No. 15,080.Supreme Court of Colorado. Decided March 9, 1942. Rehearing denied March 30, 1942. Plaintiffs in error were convicted of vagrancy under a municipal ordinance. Affirmed. On Application for Supersedeas. 1. APPEAL AND ERROR — Vagrancy — Evidence. On consideration of a judgment […]

(497 P.2d 1246) Frank Joseph Fresquez v. The People of the State of Colorado No. 24318Supreme Court of Colorado. Decided May 8, 1972. Defendant was convicted of grand theft and conspiracy to commit grant theft and brought error. Affirmed 1. CRIMINAL LAW — In-Court Identification — Lineup — Independent Recollection — Photographic Displays. Implicit in […]

The People of the State of Colorado, Complainant, v. Stuart George Barr, Attorney-Respondent. No. 93SA143Supreme Court of Colorado. Decided July 26, 1993. Original Proceeding in Discipline Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. Stuart George Barr, Pro Se. EN BANC PER CURIAM. [1] A hearing panel of the Supreme Court […]

(549 P.2d 1337) Marcella C. Scavello, individually and as Administratrix of the Estate of Donald A. Scavello v. Beverly E. Scott No. 75-146Colorado Court of Appeals. Decided February 13, 1976. Rehearing denied March 4, 1976. Certiorari granted May 24, 1976. Action by administratrix of decedent’s estate to recover a sum transferred to the defendant by […]

The People of the State of Colorado, Plaintiff-Appellee, v. Vernell Mitchell, Defendant-Appellant. No. 90CA0247Colorado Court of Appeals. Decided June 20, 1991. Rehearing Denied December 12, 1991. Certiorari Denied May 11, 1992 (91SC803). Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge. Page 410 Gale A. Norton, Attorney […]

(374 P.2d 364) RICHARD C. TOLLEY v. C. A. FRITSINGER. No. 20,203.Supreme Court of Colorado. Decided July 23, 1962. Rehearing denied September 17, 1962. Action for balance claimed due for interest in oil well. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Evidence — Sufficiency — Partial Performance — Statute of Frauds. Where evidence, though meager, […]

The People of the State of Colorado, Complainant, v. Armando C de Baca, Attorney-Respondent. No. 97SA50Supreme Court of Colorado. November 3, 1997 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. John B. Kusic, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC JUSTICE SCOTT […]

Eric Bayer, Plaintiff-Appellant, v. Crested Butte Mountain Resort, Inc., Defendant-Appellee. No. 97SA145Supreme Court of Colorado. May 18, 1998 Petition for Rehearing DENIED. EN BANC. June 22, 1998 Certification of Questions of Law from the United States Court of Appeals for the Tenth Circuit Pursuant to C.A.R. 21.1 CERTIFIED QUESTIONS ANSWERED Page 71 Jean E. Dubofsky, […]

Pioneer Irrigation Districts of Yuma County, Colorado and Dundy County, Nebraska, Plaintiffs-Petitioners-Appellants, v. Jeris A. Danielson, Colorado State Engineer and Ex Officio Executive Director of the Colorado Ground Water Commission, James R. Clark, Division Engineer in and for Water Division No. 1 and the Colorado Ground Water Commission, Defendants-Respondents-Appellees, and Henry A. Bledsoe, Lucile M. […]

448 P.2d 783 Safari Outfitters, Inc. v. Superior Court in and for the City and County of Denver, State of Colorado, The Honorable Charles E. Bennett, and Lloyd Powers. No. 23674.Supreme Court of Colorado. Decided December 16, 1968. Opinion modified and as modified rehearing denied January 13, 1969. Original proceeding in which out-of-state corporation requested […]

STATE BOARD OF CHIROPRACTIC EXAMINERS; DR. WILLIAM DOLD, in his official capacity; DR. RICHARD RATLIFF, in his official capacity; DR. MELANIE TIAHRT, in her official capacity; MICHELLE M. LUCERO, in her official capacity; DR. RANDY BACA, in his official capacity; LINDA K. BAKER, individually and in her official capacity; and THE STATE OF COLORADO, Petitioners, […]

In the Matter of Daniel R. ROSEN. No. 07SA363.Supreme Court of Colorado. December 15, 2008. Page 117 Charles E. Mortimer, Jr., Assistant Regulation Counsel, Denver, CO, Attorney for Complainant-Appellant. Cecil E. Morris, Jr., Karen E. Lorenz, Denver, CO, Attorneys for Respondent-Appellee. Justice COATS delivered the Opinion of the Court. The Attorney Regulation Counsel appealed an […]

The People of the State of Colorado, Plaintiff-Appellee, v. James A. Early, Defendant-Appellant. No. 82CA0685Colorado Court of Appeals. Decided May 10, 1984. Rehearing Denied June 7, 1984. Certiorari Denied December 10, 1984. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 1117 [EDITORS’ NOTE: THIS PAGE […]

40 P.2d 233 CREWS-BEGGS DRY GOODS COMPANY v. BAYLE. No. 13,601.Supreme Court of Colorado. Decided October 29, 1934. Action for damages. Judgment for plaintiff. On Application for Supersedeas. Writ of Error Dismissed. 1. APPEAL AND ERROR — No Final Judgment — Dismissal. Where there is no final judgment a writ of error will be dismissed. […]

(527 P.2d 545) Henry John Olshaw v. Mary Estill Buchanan, Secretary of State for the State of Colorado and The State of Colorado No. 26652Supreme Court of Colorado. Decided October 23, 1974. Appeal raising the question of whether petitioner shall be permitted to appear on general election ballot as an independent candidate for the office […]

(592 P.2d 1336) Wood Bros. Homes, Inc., a Delaware corporation v. City of Colorado Springs, a Municipal corporation of The State of Colorado and the City Council of the City of Colorado Springs No. 78-564Colorado Court of Appeals. Decided November 30, 1978. Publication ordered December 21, 1978. Rehearing denied January 11, 1979. Certiorari granted April […]

The People of the State of Colorado, Plaintiff-Appellee, v. James C. Close, Defendant-Appellant. No. 97CA1863.Colorado Court of Appeals. May 11, 2000. Rehearing Denied July 27, 2000. Certiorari Granted April 9, 2001.[*] [*] Justice COATS does not participate. Appeal from the District Court of the City and County of Denver, Honorable Richard T. Spriggs, Judge, No. […]

Suzan Zaner and Ray Owens, Plaintiffs-Appellants, v. City of Brighton, Defendant-Appellee, and United Power, Inc., Intervenor-Appellee. No. 94CA0139.Colorado Court of Appeals. Decided December 1, 1994. Opinion Modified, and as Modified, Petition for Rehearing DENIED 1/19/95. Petition for Writ of Certiorari GRANTED June 30, 1995. Appeal from the District Court of Adams County Honorable John E. […]

(437 P.2d 48) The State of Colorado v. Godfrey C. Franc and Mary E. Franc. No. 21337.Supreme Court of Colorado. Decided February 5, 1968. Action by plaintiffs against state and others to quiet title to certain land. From a decree quieting title in plaintiffs, the state brought error. Affirmed. 1. QUIETING TITLE — Tract — […]

(516 P.2d 431) The People of the State of Colorado v. James L. Marsh No. 25600Supreme Court of Colorado. Decided December 3, 1973. From denial of his Crim. P. 35(b) motion, wherein he alleged that his guilty plea to the felony charge of theft of over $100 was not entered in compliance with Crim. P. […]

(435 P.2d 899) Harold J. Miller v. The First National Bank of Englewood and Floyd Winslow and Edna Winslow. No. 22191.Supreme Court of Colorado. Decided January 8, 1968. Action by bank to quiet title to certain real property. Judgment for plaintiff. Reversed. 1. PARTIES — Quiet Title — Holders of First Deed of Trust — […]

David Lee Gjertson Petitioner, v. The People of the State of Colorado, Respondent. No. 85SC203Supreme Court of Colorado. Decided January 20, 1987. Rehearing Denied February 9, 1987. Certiorari to the Colorado Court of Appeals David F. Vela, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, for Petitioner. Duane Woodard, Attorney General, Charles […]

Colorado State Board of Medical Examiners, Petitioner-Appellee, v. N. Balfour Slonim, Respondent-Appellant. No. 91CA0998Colorado Court of Appeals. Decided June 18, 1992. Appeal from the Colorado State Board of Medical Examiners. Page 1208 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, John S. Sackett, Assistant Attorney General, […]

(534 P.2d 829) William E. Ford, Lyle D. Hesalroad, Harry E. Mills, and Homer Seaman v. The Civil Service Commission of the City and County of Denver, consisting of Ted Bach, Houston Gibson and Jesse Manzanares; the City and County of Denver, a municipal corporation; the Manager of Safety of the City and County of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Raul Franco, Defendant-Appellant. No. 01CA1306.Colorado Court of Appeals. Div. II. November 7, 2002. Certiorari Denied August 4, 2003. Morgan County District Court No. 99CR257; Honorable Steven E. Shinn, Judge; Honorable Joseph J. Weatherby, Judge JUDGMENT AFFIRMED Page 358 Ken Salazar, Attorney General, Peter J. Cannici, Assistant […]

(411 P.2d 335) Larry J. Watts, Plaintiff, v. The People of the State of Colorado, Defendant. No. 20957Supreme Court of Colorado. Decided February 28, 1966. Defendant, a minor, was convicted of assault with a deadly weapon and brings error. Reversed 1. ASSAULT AND BATTERY. — Evidence — Other Crimes — Admissibility — Appeal and Error. […]

(424 P.2d 368) J. C. Dozier v. Twin Peak Ranch, Incorporated, a Colorado corporation, and Ira E. McKinley. No. 21563.Supreme Court of Colorado. Decided February 14, 1967. Action seeking to impose a claimed lien and claim based upon alleged false representation as to boundary of real estate sold. Judgment for defendants in error. Affirmed. 1. […]

The People of the State of Colorado, Petitioner, v. Juvenile Court, City and County of Denver, and One of the Judges Thereof, Dana Wakefield, Respondents. No. 91SA73Supreme Court of Colorado. Decided June 3, 1991. Opinion Modified, and as Modified, Rehearing Denied June 24, 1991. Original Proceeding Norman S. Early, Jr., District Attorney, Martin F. Egelhoff, […]

Dillon S. SWEENEY, Plaintiff-Appellant, v. UNITED ARTISTS THEATER CIRCUIT, INC., Defendant-Appellee. No. 03CA2085.Colorado Court of Appeals. March 10, 2005. Certiorari Denied September 12, 2005. Appeal from the District Court, City and County, Robert L. McGahey, Jr., J. Page 539 Raymond P. Micklewright, Colorado Springs, Colorado, for Plaintiff-Appellant. Rothgerber Johnson Lyons, LLP, Brian J. Spano, Vance […]

(337 P.2d 953) BUILDING CONSTRUCTION TRADES COUNCIL, A. F. OF L., ET AL. v. AMERICAN BUILDERS, INC. No. 18,336.Supreme Court of Colorado. Decided April 13, 1959. Action to enjoin picketing in labor dispute. From a decree for plaintiff the defendants bring error. Reversed. 1. LABOR RELATIONS — Conflict of Laws — Federal Authority — State […]

6 P.2d 927 WOLFE v. THE PEOPLE. No. 12,685.Supreme Court of Colorado. Decided December 21, 1931. Plaintiff in error was convicted of keeping a gambling house and gaming devices for the winning of money. Affirmed. 1. CRIMINAL LAW — Gambling — Evidence. In a prosecution for keeping a gambling house and gaming devices, checks for […]

Mike MAHANEY, Plaintiff-Appellant, v. CITY OF ENGLEWOOD, Colorado, a home rule city and a Colorado municipal corporation, Defendant-Appellee. No. 08CA1505.Colorado Court of Appeals. October 1, 2009. As Modified on Denial of Rehearing January 21, 2010. Appeal from the Arapahoe County District Court, Cheryl L. Post, J. Page 1215 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

(519 P.2d 941) Alexander M. Hunter, District Attorney, Twentieth Judicial District, Boulder, Colorado v. District Court in and for the Twentieth Judicial District, State of Colorado, and Honorable William D. Neighbors, District Judge in and for the Twentieth Judicial District, State of Colorado No. 26230Supreme Court of Colorado. Decided March 4, 1974 Rehearing denied March […]

(472 P.2d 764) Corbin Douglass, Inc., a Colorado corporation v. James Kelley, d/b/a Longmont Mooney, or Longmont Mooney, Inc. No. 70-235 (Supreme Court No. 23123)Colorado Court of Appeals. Decided July 7, 1970. Action by insurance agency to recover “total loss” premium advanced on behalf of defendant, but without defendant’s knowledge. From dismissal of its claim, […]

The People of the State of Colorado, Plaintiff-Appellee, v. David Andrew Herr, Defendant-Appellant. No. 91CA1099Colorado Court of Appeals. Decided June 17, 1993. Rehearing Denied August 5, 1993. Appeal from the District Court of Jefferson County Honorable L. Thomas Woodford, Judge Page 1122 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

In re the Marriage of Patricia J. Nussbeck, Appellee, and Robert J. Nussbeck, Appellant. No. 96CA0337Colorado Court of Appeals. April 3, 1997 Petition for Rehearing DENIED June 12, 1997 Petition for Writ of Certiorari GRANTED January 12, 1998 Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge No. 86DR1894 JUDGMENT AFFIRMED […]

The Colorado Department of Social Services, Plaintiff-Appellee and Cross-Appellant, v. The Board of County Commissioners of the County of Pueblo, Defendant-Appellant and Cross-Appellee, and Samuel J. Coresentino, Intervenor-Appellant and Cross-Appellee. No. 83SA316Supreme Court of Colorado. Decided March 11, 1985. Opinion modified and, as modified. Rehearing Denied April 1, 1985. Appeal from District Court, Pueblo County […]

Joseph W. Arabasz, Plaintiff-Appellee, v. Patricia Schwartzberg, Manager of Revenue and Ex-Officio Treasurer of the City and County of Denver, and George Simons, Defendants-Appellants. No. 96CA0294Colorado Court of Appeals. December 27, 1996 Petition for Rehearing DENIED January 23, 1997. Certiorari Denied September 8, 1997. Appeal from the District Court of the City and County of […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of T.B. and M.B., Children, and Concerning T.B., Respondent-Appellant. No. 99CA1605.Colorado Court of Appeals. September 14, 2000. Appeal from the District Court of Montezuma County, Honorable Sharon L. Hansen, Judge, No. 97JV14. JUDGMENT AFFIRMED. Page 1222 Bob D. Slough, County Attorney, Cortez, Colorado, for […]

Carmen N. CERICALO, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Division of Employment, Respondents. No. 04CA1514.Colorado Court of Appeals. Division II. April 7, 2005. Page 101 Carmen N. Cericalo, Pro Se. John W. Suthers, Attorney General, Laurie Rottersman, Assistant Attorney General, Denver, Colorado, for Respondents. No Appearance for Division of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Herbert Ray Armstrong, Defendant-Appellant. No. 81CA0353Colorado Court of Appeals. Decided December 9, 1982. Rehearing Denied January 20, 1983 Certiorari Granted May 23, 1983. Appeal from the District Court of El Paso County Honorable Joe A. Cannon, Judge Page 714 J.D. MacFarlane, Attorney General, Richard F. Hennessey, […]

(421 P.2d 729) Henry T. Rhodig and Elizabeth Rhodig v. Roy M. Keck No. 21222.Supreme Court of Colorado. Decided December 27, 1966. Action by landowners to recover damages for alleged malicious and wanton destruction of four trees. From granting of motion to dismiss complaint plaintiffs brought error. Affirmed. 1. BOUNDARIES — Damages — Trees — […]

28 P.2d 337 EMPIRE ZINC COMPANY v. INDUSTRIAL COMMISSION ET AL. No. 13,410.Supreme Court of Colorado. Decided December 22, 1933. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Evidence. Employer’s report of an accident, its conduct relative thereto, and report of mine inspector concerning the occurrence, are proper evidence […]

(399 P.2d 935) ALLEN J. LEFFERDINK, TRUSTEE OF THE COLORADO INSURANCE GROUP EMPLOYEES’ PENSION FUND, ETC., v. RICHARD D. BAKER, ET AL. No. 20331.Supreme Court of Colorado. Decided March 15, 1965. Class action by former employees against surviving trustee of pension trust fund for money damages, conversion, breach of trust and for an accounting. From […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jarrod Stamus, Defendant-Appellant. No. 94CA0019Colorado Court of Appeals. June 15, 1995 Petition for Rehearing DENIED July 27, 1995. Appeal from the District Court of Delta County Honorable Robert A. Brown, Judge No. 93CR85 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 937 Gale A. Norton, Attorney […]

(543 P.2d 535) In the Matter of the Estate of Donald M. McEndaffer, Deceased, Anna Mae McEndaffer v. Ludmilla McEndaffer, Administratrix of the Estate of Donald M. McEndaffer No. 75-167Colorado Court of Appeals. Decided September 9, 1975. Rehearing denied October 23, 1975. Certiorari granted December 29, 1975. In action to determine whether proceeds of insurance […]

Spady Brothers and Colorado Compensation Insurance Authority, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Martin C. Pasillas-Carmona, Respondents. No. 96CA0895Colorado Court of Appeals. February 6, 1997 Opinion Modified, and As Modified, Petition for Rehearing DENIED March 6, 1997 Certiorari Granted August 25, 1997. Review of Order from the Industrial […]

In the Matter of the Estate of: Donald R. Morrell, Deceased. Jerry L. Morrell, Personal Representative-Appellant, v. Loretta Morrell, Appellee. No. 82CA1489 No. 83CA0256Colorado Court of Appeals. Decided March 1, 1984. Rehearing Denied March 29, 1984. Writ of Certiorari Denied September 17, 1984. Appeal from the District Court of Delta County Honorable Jerry D. Lincoln, […]

The People of the State of Colorado, In the Interest of Cynthia Whittington, Obligee-Appellant, v. David Noyes Low, Obligor-Appellee. No. 86CA1043Colorado Court of Appeals. Decided August 11, 1988. Appeal from the District Court of Arapahoe County Honorable Edward C. Day, Judge Robert R. Gallagher, Jr., District Attorney, Catherine P. Adkisson, Deputy District Attorney, for Obligee-Appellant. […]

137 P.2d 1017 SAMS v. CURFMAN ET AL. No. 15,069.Supreme Court of Colorado. Decided May 17, 1943. An action against physicians and surgeons for damages allegedly resulting from negligent diagnosis and treatment. Judgment for defendants. Affirmed. 1. ACTIONS — Tort — Contract — Pleading. In an action against physicians and surgeons for damages allegedly resulting […]

(592 P.2d 22) The People of The State of Colorado v. Earl E. West No. 77-1095Colorado Court of Appeals. Decided March 1, 1979. Defendant appealed the denial of his Crim. P. 35(b) motion to vacate his 1958 conviction of assault. Reversed 1. CRIMINAL LAW — Post-Conviction Relief — 1958 Conviction — Disadvantageous — Parole Proceeding […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Paul MISENHELTER, Defendant-Appellant. No. 07CA1785.Colorado Court of Appeals. January 22, 2009. Certiorari Granted August 31, 2009. Appeal from the District Court, City and County of Denver, Page 498 Sheila A. Rappaport, J. Page 499 John W. Suthers, Attorney General, Melissa D. Allen, Assistant Attorney General, Denver, […]

33 P.2d 387 CITY AND COUNTY OF DENVER ET AL. v. RISTAU ET AL. No. 13,208.Supreme Court of Colorado. Decided May 21, 1934. Action against a city for damages for its failure to abate a nuisance. Judgment for plaintiff. Reversed. 1. MUNICIPAL CORPORATIONS — Nuisances — Abatement. Where a city has no ordinance covering abatement […]

(438 P.2d 240) Logan County Hospital, Lutheran Hospital and Homes Society, Hartford Accident Indemnity Company and Industrial Commission of Colorado v. Nettie Slocum. No. 22779.Supreme Court of Colorado. Decided March 11, 1968. From a judgment of the trial court reversing the Industrial Commission, and directing it to affirm the referee’s awarding claimant compensation, the employer, […]

Curly G. Brasher, Petitioner, v. The Industrial Commission of the State of Colorado, Department of Labor and Employment, Safeway Stores, Inc., and Home Insurance Company, Respondents. No. 85CA0201Colorado Court of Appeals. Decided December 12, 1985. Rehearing Denied January 30, 1986. Certiorari Granted Brasher April 7, 1986 (86SC53). Review of Order from the Industrial Commission of […]

(502 P.2d 79) The People of the State of Colorado v. James Douglas Olinger No. 25064Supreme Court of Colorado. Decided October 24, 1972. Defendant was convicted of assaulting a peace officer and appealed. Affirmed 1. ASSAULT AND BATTERY — Peace Officer — Denial of Acquittal — Evidence of Altercation — Conflict — Jury — Error […]

(414 P.2d 110) City of Colorado Springs v. Albert Latham, Jr. No. 21270.Supreme Court of Colorado. Decided May 9, 1966. Rehearing denied May 31, 1966. Action by vendor against city to recover damages for breach of contract for sale of certain water rights with relation to a particular diversion system. Judgment for plaintiff. Affirmed. 1. […]

The David Manufacturing and Supply Company, a Colorado corporation v. Coonskin Properties, Inc., v. Alcoa Construction Systems, Inc., The Bank of Telluride, David H. Hirsh, Michael D. Long, d/b/a Long Bros. Corp., United Construction of Durango, Inc., Robert D. Whitaker, d/b/a Montrose Drywall Company, Genevieve S. Jansky, Animas Aggregates, Inc., Martin Young, The First National […]