Category: Colorado Court Opinions

(474 P.2d 185) Nina Vernice Hamilton v. Frances Ann Gravinsky, also known as Frances Ann Gravinsky Schnorr, and Dorcas E. Gravinsky No. 70-247 (Supreme Court No. 23620)Colorado Court of Appeals. Decided July 28, 1970. Rehearing denied August 18, 1970. Certiorari granted September 17, 1970 and October 22, 1970. Personal injury action. While school bus was […]

Gold Rush Investments, a Colorado general partnership, and Dennis R. Muck, Plaintiffs-Appellees and Cross-Appellants, v. Bruce Ferrell, Defendant and Third-Party Plaintiff, and Ann Ferrell, Defendant, v. Muck, Ltd., a Colorado corporation, and Graystone Castle, Ltd., a Colorado corporation, Third-Party Defendants-Appellees, and Concerning DeMuth Kemp, a Colorado general partnership, Appellant and Cross-Appellee. No. 87CA0204Colorado Court of […]

Bowers Building Company, a sole proprietorship, Plaintiff-Appellee and Cross-Appellant, v. Altura Glass Co., Inc., Defendant-Appellant and Cross-Appellee, and Jack B. Crownover, Defendant-Cross-Appellee. No. 83CA0107Colorado Court of Appeals. Decided December 13, 1984. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Jim Travis Tice, for Plaintiff-Appellee and Cross-Appellant. Donald A. Brenner, for […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Alexander, Defendant-Appellant. No. 89SA130Supreme Court of Colorado. Decided June 11, 1990. Opinion Modified and as Modified Rehearing Denied July 9, 1990. Appeal from the District Court City and County of Denver Honorable Connie L. Peterson, Judge Page 1251 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

N.S., a minor child by next friend, L.C.K., Plaintiff-Appellee, v. S.S., Defendant-Appellant. No. 84CA0820Colorado Court of Appeals. Decided April 25, 1985. Rehearing Denied July 3, 1985. Certiorari Denied November 12, 1985. Appeal from the District Court of Boulder County Honorable Michael R. Enwall, Judge Page 7 Joan S. Brett, P.C., Joan S. Brett, for Plaintiff-Appellee. […]

In re the Marriage of Stephen M. Plesich, Appellant and Cross-Appellee, and Catherine E. Plesich, f/k/a Catherine Geraghty, n/k/a Catherine Groff, Appellee and Cross-Appellant. No. 92CA1500Colorado Court of Appeals. Decided January 13, 1994. Rehearing Denied February 17, 1994. Certiorari Denied October 11, 1994. Appeal from the District Court of Teller County Honorable Donald E. Campbell, […]

(368 P.2d 426) HERBERT W. WELP v. ALBERT W. CREWS, ET AL. No. 19,785.Supreme Court of Colorado. Decided January 22, 1962. Rehearing denied February 13, 1962. From a judgment for defendants entered upon motion for summary judgment, the plaintiffs bring error. Affirmed. 1. JUDGMENTS — Summary Judgment — When Proper — Rules. Rule 56 R.C.P. […]

Mid Century Insurance Company, as subrogee of Fashion Carpets, Inc., Plaintiff-Appellant, v. The Gates Rubber Company, Defendant-Appellee. No. 01CA0743.Colorado Court of Appeals. January 31, 2002. City and County of Denver District Court, No. 00CV4075, Honorable John N. McMullen, Judge. ORDER REVERSED Division V Casebolt and Nieto, JJ., concur Page 738 Campbell, Latiolais Ruebel, P.C., Colin […]

(476 P.2d 48) Bear Valley Drive-In Theater Corporation v. The Board of County Commissioners of the County of Jefferson and Charles T. Haley, Mabel H. Armstrong, Junglewood, Inc., Francis R. Newton, William L. Hillyard, Jr., Whitney Newton II, Ben Haley, Helen B. Haley, Patricia H. Argall, Mary Hillyard, Colorado Academy and Loretto Literary and Benevolent […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Cerrone, Defendant-Appellant. No. 88CA1319Colorado Court of Appeals. Decided October 10, 1991. Opinion Modified, and as Modified Rehearing Denied November 14, 1991. Certiorari Granted May 11, 1992 (91SC760). Certiorari Granted on the following issues: Whether the court of appeals applied the proper legal standards in concluding […]

(296 P.2d 464) WILLIAM PETER COTE v. NELLIE A. COTE No. 17,840.Supreme Court of Colorado. Decided April 23, 1956. The trial court denied a claim by the husband for a refund of money paid for the support of a minor child in a divorce case. The husband brings error. Affirmed. Error to the District Court […]

SHELBY RESOURCES, LLC, and Caddis Resources, Inc., Plaintiffs-Appellants and Cross-Appellees, v. WELLS FARGO BANK, National Association, Defendant-Appellee and Cross-Appellant. No. 05CA2022.Colorado Court of Appeals. March 22, 2007. Appeal from the City and County of Denver District Court, Shelley I. Gilman, J. Page 388 Scott Associates, P.C., Jeffrey J. Scott, Denver, Colorado, for Plaintiffs-Appellants and Cross-Appellees. […]

(379 P.2d 388) TRI-STATE INSURANCE COMPANY AND SOONER CONTRACTING COMPANY v. INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 19,987.Supreme Court of Colorado. Decided February 25, 1963. Rehearing denied March 18, 1963. From an award apportioning liability for compensation between insurance carriers, one of the carriers brings error. Affirmed. 1. WORKMEN’S COMPENSATION — Successive Accidents — […]

54 P.2d 683 NOFFSINGER v. THOMPSON. No. 13,605.Supreme Court of Colorado. Decided February 3, 1936. Arbitration proceeding involving accounting between partners. Judgment for defendant. Reversed. 1. ARBITRATION AND AWARD — Arbitrators. An arbitrator is not the agent of the party who appoints him, but an impartial judge between the parties, and if he conducts himself […]

James W. Christian, Frank Z. Johnston, Kathleen Richards, Bonnie J. Christian and Kathleen A. Johnson, Defendants and Third-Party Plaintiffs-Appellees, v. James Westmoreland and James Fowler, Third-Party Defendants-Appellants. No. 89CA1642Colorado Court of Appeals. Decided March 14, 1991. Appeal from the District Court of Gunnison County Honorable Thomas A. Goldsmith, Judge. R. Kyle Ipson, for Defendants and […]

(606 P.2d 77) Sidney B. Brooks and Carol E. Brooks v. Kent W. Hodges and Barbara Hodges No. 78-390Colorado Court of Appeals. Decided September 6, 1979. Rehearing denied October 4, 1979. Certiorari denied February 11, 1980. Sellers of a used home appealed from an adverse judgment finding them liable to buyers for damages resulting from […]

(395 P.2d 103) ADELINA K. MUNSON v. ESTEL O. MUNSON. No. 20597.Supreme Court of Colorado. Decided September 8, 1964. From an order of trial court denying her petition for change of custody, divorced wife brought error. Affirmed. 1. DIVORCE — Change of Custody — Evidence — Findings — Trial Court. In proceedings for change of […]

Powderhorn Coal Company and Old Republic Insurance Company, Petitioners, v. Bobby E. Weaver and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 91CA0614Colorado Court of Appeals. Decided July 16, 1992. Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Page 617 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Ball Corporation, an Indiana corporation, Plaintiff-Appellee, v. Frederick C. Fisher, in his official capacity as Executive Director of the Colorado Department of Revenue, and the Colorado Department of Revenue, Defendants-Appellants. No. 01CA0246Colorado Court of Appeals. December 20, 2001 Certiorari Denied July 22, 2002 Jefferson County District Court No. 99CV0240, Honorable Jack Berryhill, Judge. JUDGMENT AFFIRMED […]

(484 P.2d 774) Henry Carl Barriner v. District Court, Division I in and for the County of Jefferson, State of Colorado, Honorable Ronald J. Hardesty, Judge, and A. L. Herrmann, District Attorney, First Judicial District of the State of Colorado. No. 25106.Supreme Court of Colorado. Decided May 10, 1971. Original proceeding seeking relief in the […]

Lewis H. Jenkins, Plaintiff-Appellant, v. Wine Dine, Inc., a Colorado corporation, Defendant-Appellee. No. 88CA1140Colorado Court of Appeals. Decided November 16, 1989. Appeal from the District Court of the City and County of Denver Honorable Daniel B. Sparr, Judge Randall M. Calvert, for Plaintiff-Appellant. Mann Tartaglia, W. Berkeley Mann, Jr., for Defendant-Appellee. Division IV. Opinion by […]

(517 P.2d 461) The People of the State of Colorado v. Manuel Ramijo Maestas No. 25505Supreme Court of Colorado. Decided December 24, 1973. Defendant was convicted of first-degree murder and appealed. Affirmed 1. CRIMINAL PROCEDURE — Separate Trial — Motion — Discretion of Court. A motion for a separate trial is addressed to the sound […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jody M. Agado, Defendant-Appellant. No. 96CA0427Colorado Court of Appeals. February 5, 1998 Petition for Rehearing DENIED March 5, 1998 Petition for Rehearing DENIED October 19, 1998 Appeal from the District Court of Jefferson County, Honorable Michael C. Villano, Judge, No. 95CR601 JUDGMENT AFFIRMED Page 566 Gale […]

In the Matter of the Claim of: Dennis H. Sterling, Petitioner, v. The Industrial Commission of the State of Colorado, Charles McGrath, Director of Division of Labor, Amax Incorporated, State Compensation Insurance Fund, and/or Major Medical Insurance Fund, Respondents. No. 82CA0350Colorado Court of Appeals. Decided December 2, 1982. Rehearing denied December 16, 1982. Certiorari Denied […]

(510 P.2d 472) Dennis Paul Zambruk, d/b/a Dennis Paul Zambruk Associates v. Perlmutter 3rd Generation Builders, Inc., a Colorado corporation, and Perlmutter Associates, Inc., a Colorado corporation No. 72-086Colorado Court of Appeals. Decided May 22, 1973. Action to recover payments allegedly due plaintiff on several contracts for furnishing art and sales promotional material to defendants. […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of T.M., Child-Appellant, And Concerning I.P., Respondent. No. 85SA444Supreme Court of Colorado. Decided September 14, 1987. Page 906 Appeal from the Juvenile Court, City and County of Denver Honorable Orrelle R. Weeks, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, […]

(298 P.2d 957) LUTHER D. MORRIS, ET AL. v. HENRY A. DIERS, ET AL. No. 17,732.Supreme Court of Colorado. Decided July 2, 1956. Rehearing denied July 23, 1956. Action for damages against several tort feasors and dismissal with prejudice against some of them by stipulation reciting satisfaction and release. On motion of remaining defendants the […]

DEPARTMENT OF TRANSPORTATION, State of Colorado; City of Black Hawk, Colorado; and Silver Dollar Metropolitan District, Petitioners-Appellants, v. FIRST PLACE, LLC, Respondent-Appellee. No. 04CA2263.Colorado Court of Appeals. May 4, 2006. As Modified on Denial of Rehearing June 29, 2006. Certiorari Denied October 23, 2006. Appeal from the District Court, Gilpin County, No. 02CV36, Frank Plaut, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Manuel D. Garcia, Defendant-Appellee. No. 89SA368Supreme Court of Colorado. Decided April 9, 1990. Interlocutory Appeal from District Court Mesa County Honorable Nicholas R. Massaro, Judge Stephen K. ErkenBrack, District Attorney, John J. Fuerst III, Deputy District Attorney, for Plaintiff-Appellant. David F. Vela, Colorado State Public Defender, […]

(224 P.2d 219) CITY AND COUNTY OF DENVER v. BACINO. No. 16,499.Supreme Court of Colorado. Decided October 30, 1950. An action involving the jurisdiction of county courts to entertain appeals from municipal courts. The county court accepted and exercised jurisdiction in the case at bar. Affirmed. 1. MUNICIPAL CORPORATIONS — Courts — Appeals. The present […]

(502 P.2d 83) Donald W. Kanaly, as Treasurer of Mesa County, Colorado; Elaine June Ingvertsen, Noble W. Harmon, Opal Fern Weber, Jennie L. Cockrum, Lucille E. Strnad, Gena Mae Harrison and Clara I. Walker v. Jack Wadlow, Edwin S. Lamm and Lawrence Aubert, as The Board of County Commissioners of the County of Mesa and […]

(365 P.2d 243) HARRISON BLACKBURN, D/B/A ERHARD HOTEL, v. MYREE D. TOMBLING. No. 19,493.Supreme Court of Colorado. Decided October 2, 1961. Rehearing denied October 23, 1961. Action against lessee of hotel for damages resulting from fall on entrance step. Judgment for plaintiff. Reversed. 1. INNKEEPERS — Negligence — Witnesses — Expert Testimony. In an action […]

COPPER MOUNTAIN, INC., Petitioner v. INDUSTRIAL SYSTEMS, INC.; and Amako Resort Construction (U.S.), Inc., Respondents. No. 08SC28.Supreme Court of Colorado. March 16, 2009. Appeal from the District Court, Summit County, No. 02CV264, David R. Lass, J. Page 693 Jacobs Chase Frick Kleinkopf Kelley, LLC, Elizabeth L. Harris, Ann B. Frick, Denver, Colorado, Attorneys for Petitioner. […]

The People of the State of Colorado, Complainant, v. Bernard J. O’Leary, Attorney-Respondent. No. 87SA224Supreme Court of Colorado. Decided February 1, 1988. Original Proceedings in Discipline Page 531 Linda Donnelly, Disciplinary Prosecutor, Susan L. Fralick, Deputy Disciplinary Prosecutor, for Complainant. Bernard J. O’Leary, Pro Se. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. […]

(362 P.2d 202) BOARD OF COUNTY COMMISSIONERS OF LOGAN COUNTY v. GLENN MORRIS, ET AL. No. 19,323.Supreme Court of Colorado. Decided May 29, 1961. Action for adjudication of rights in minerals under property conveyed for right of way. Judgment for plaintiffs. Affirmed. 1. COUNTIES — Conveyance — Right of Way — Minerals. Where county obtained […]

The People of the State of Colorado, Plaintiff-Appellee, v. Rosetta V. Cummins, a/k/a Rosetta V. Jones, Defendant-Appellant. No. 00CA0908Colorado Court of Appeals. September 13, 2001 Certiorari Denied January 14, 2002 City and County of Denver District Court No. 93CR917 Honorable Shelley I. Gilman, Judge. ORDER AFFIRMED Page 508 Ken Salazar, Attorney General, Barbara S. Askenazi, […]

Noreen Herrera v. Colorado State Department of Social Services No. 81CA0401Colorado Court of Appeals. Decided October 8, 1981. Rehearing denied October 29, 1981. Certiorari denied April 5, 1982. Appeal from the District Court of the City and County of Denver, Honorable Gilbert Alexander, Judge. William E. Benjamin, for plaintiff-appellant. J. D. MacFarlane, Attorney General, Eva […]

(465 P.2d 401) Michael P. Kenney and Mary Kenney v. Alice M. Grice. No. 22501Supreme Court of Colorado. Decided February 24, 1970. Rehearing denied March 16, 1970. Action to recover damages for personal injuries sustained a result of a fall down a flight of stairs while a guest in defendants’ home. Judgment for plaintiff. Reversed. […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary Pertaining to Confidentiality of Adoption Records and Petition for Rehearing Denied in Part on April 3, 1992. Ellen T. Wilson, Petitioner, and James Joseph Page, Deana Christine Page, and Paul Frances Page, Respondents, and Natalie Meyer, Gale Norton, and Douglas G. Brown, […]

Jeff C. STRUNK, Plaintiff-Appellant, v. Eric S. GOLDBERG, Defendant-Appellee. No. 10CA1139.Colorado Court of Appeals. May 26, 2011. Appeal from the District Court, El Paso County, Theresa M. Cisneros, J. Page 335 Melat Pressman Higbie LLP, Glenn S. Pressman, Colorado Springs, Colorado, for Plaintiff-Appellant. Sutton Gulley, P.A., Debra K. Sutton, Jacquelyn S. Booker, Ginger L. Giles, […]

Western Paving Construction Co., a Colorado corporation, Plaintiff-Appellant, v. Jefferson County Board of County Commissioners, Defendant-Appellee. No. 83CA0524Colorado Court of Appeals. Decided June 7, 1984. Opinion Modified as Modified Rehearing Denied July 26, 1984. Appeal from the District Court of Jefferson County Honorable Ronald J. Hardesty, Judge Page 704 Caplan and Earnest, Gerald A. Caplan, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gerald Reed Moland, Defendant-Appellant. No. 84CA1039Colorado Court of Appeals. Decided March 20, 1986. Rehearing Denied April 17, 1986. Certiorari Granted Moland July 7, 1986 (86SC173). Page 1215 Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Duane Woodard, […]

(264 P.2d 857) BARBER ET AL. v. PEDERSEN ET AL. No. 16,994.Supreme Court of Colorado. Decided December 21, 1953. An action for damages for fraudulent representations allegedly made by defendants in consummation of a contract for exchange of real estate. Judgment for plaintiffs. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the […]

Kay Kutch, Petitioner, v. State Farm Mutual Automobile Insurance Company, Respondent. No. 97SC260Supreme Court of Colorado. May 26, 1998 Page 94 Appeal from the District Court, City and County of Denver, Honorable Frank Martinez, Judge. Wilcox Ogden, P.C., Ralph Ogden, Denver, Colorado, Attorneys for Petitioner. Levy Lambdin, P.C., Suzanne Lambdin, Martha C. Ferris, Englewood, Colorado, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Kelly C. Smith, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant, v. Eudell Berry, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant, v. Gerry R. Johnson, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant, v. John D. Brown, Defendant-Appellee. Nos. 79SA224, 79SA271, 80SA26 […]

The People of the State of Colorado, Complainant, v. Richard Brian Wiedman, Respondent. No. GC98A30.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. February 11, 1999. [1] Attorney Regulation. The Presiding Disciplinary Judge accepted the parties’ Conditional Admission and ordered a three-year suspension for respondent’s failing to respond to a client’s reasonable […]

(273 P.2d 730) POOS v. BIDDLE. No. 17,286.Supreme Court of Colorado. Decided August 23, 1954. An action in forcible entry and detainer. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. Error to the County Court of Phillips County, Hon. Joseph A. Davis, Judge. Messrs. SANDHOUSE SANDHOUSE, Mr. NEIL L. CARLETON, for […]

The People of the State of Colorado, Plaintiff-Appellee, v. Raymond Johnson, Defendant-Appellant. No. 96CA1743Colorado Court of Appeals. December 10, 1998 Opinion Modified, and As Modified, Petition for Rehearing DENIED February 11, 1999. Certiorari Denied Nov. 1, 1999. Appeal from the District Court of the City and County of Denver, Honorable John N. McMullen, Judge No. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ronald J. FOGLE, Defendant-Appellant. No. 03CA0709.Colorado Court of Appeals. November 4, 2004. Rehearing Denied December 23, 2004. Certiorari Denied July 25, 2005. Appeal from the Jefferson County District Court, James D. Zimmerman, J. Page 1228 Ken Salazar, Attorney General, John T. Bryan, Assistant Attorney General, Denver, […]

(541 P.2d 901) The People of the State of Colorado v. Kenneth King No. 26838Supreme Court of Colorado. Decided November 3, 1975. Interlocutory appeal by the People asserting error by the district court in granting defendant’s motion to suppress evidence seized incident to defendant’s arrest. Ruling Reversed 1. SEARCHES AND SEIZURES — Affidavit — Warrant […]

(361 P.2d 778) R. A. BARNARD, ET AL v. W. B. GAUMER, ET AL., AND CITY AND COUNTY OF DENVER. No. 19,164.Supreme Court of Colorado. Decided May 8, 1961. Action for injunction and damages relating to use of private road. From the judgment and decree entered the defendants bring error. Affirmed in Part, Reversed in […]

George M. Murray, Petitioner-Appellant, v. Randy Henderson, Centennial Correctional Facility Superintendent; and Aristedes Zavaras, Director of the Colorado Department of Corrections, Respondents-Appellees No. 98SA25Supreme Court of Colorado. September 14, 1998 Appeal from the District Court, Fremont County, Honorable Julie G. Marshall, Judge. Page 532 JUDGMENT AFFIRMED George M. Murray, Pro Se, Cason City, Colorado. Gale […]

(380 P.2d 53) EDWARD LEVI STALEY, ET AL., v. SECURITY ATHLETIC ASSOCIATION. No. 20,093.Supreme Court of Colorado. Decided March 25, 1963. Action for damages for death of infant. Judgment for defendant. Affirmed. 1. NEGLIGENCE — Trespassers — Landowner — Duty. A landowner owes no duty to make or keep his premises safe for trespassers. 2. […]

(564 P.2d 124) Raymond E. Cissell and Jeannette A. Cissell v. Colorado State Board of Assessment Appeals; R. N. Patton, F. M. Peterson, Martin E. Fisch, as members of said Board, Arapahoe County Assessor’s Office, William Wallace, as Arapahoe County Assessor, and Bernard Funk, as an employee of said Assessor’s Office No. 76-408Colorado Court of […]

The People of the State of Colorado, Plaintiff-Appellant, v. Garland A. Rahming, Defendant-Appellee. No. 90SA114Supreme Court of Colorado. Decided September 10, 1990. Interlocutory Appeal from District Court Arapahoe County Honorable John P. Leopold, Judge Page 1339 James C. Sell, Chief Deputy District Attorney, Robert R. Gallagher, Jr., District Attorney, Philip M. Smith, Deputy District Attorney, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Debbie L. CRESPI, Defendant-Appellant. No. 04CA1597.Colorado Court of Appeals. December 14, 2006. As Modified on Denial of Rehearing February 22, 2007. Certiorari Denied April 9, 2007. Appeal from the District Court, El Paso County, J. Patrick Kelly, J. Page 571 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

Curtis R. Martin, Petitioner-Appellant, v. Bert Johnson, Respondent-Appellee. No. 85SA195Supreme Court of Colorado. Decided November 4, 1985. Appeal from District Court of Adams County Honorable Oyer G. Leary, Judge Page 122 David F. Vela, Colorado State Public Defender, Ronald M. Aal, Deputy State Public Defender, for Petitioner-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief […]

Christa G. Bohrer, Petitioner, v. Church Mutual Insurance Company, Respondent. No. 97SC240Supreme Court of Colorado. September 21, 1998 Petition for Rehearing DENIED October 26, 1998. Appeal from the District Court, City and County of Denver. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 1259 Seelen Associates, Joyce Seelen, Denver, Colorado, Stephen C. Rench, Denver, Colorado, […]

Northwestern National Insurance Company, Plaintiff-Appellant, v. John Kezer, Insurance Commissioner for the State of Colorado, and Robert D. Balzano, Special Deputy Commissioner of Insurance and Receiver for Aspen Indemnity Corporation, in Liquidation, a Colorado domestic insurer, Defendants-Appellees. No. 89CA1188Colorado Court of Appeals. Decided December 6, 1990. Rehearing Denied January 17, 1991. Certiorari Denied July 9, […]

Colorado State Board of Medical Examiners, Petitioner/Cross-Respondent, v. Omar Lopez-Samayoa, M.D., Respondent/Cross-Petitioner. No. 93SC454Supreme Court of Colorado. Decided December 19, 1994. Petition for Rehearing DENIED January 17, 1995. Certiorari to the Colorado Court of Appeals. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy […]

Robert D. Schlitters and Tamera Schlitters, Plaintiffs-Appellants, v. State of Colorado and the Colorado State Department of Highways, Defendants-Appellees. No. 89CA0226Colorado Court of Appeals. Decided December 7, 1989. Rehearing denied January 4, 1990. Certiorari Denied April 23, 1990 (90SC50). Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge Bailey Finegan, Laura […]

STATE of Colorado, ex rel. John W. SUTHERS, Attorney General, and Laura E. Udis, Administrator, Uniform Consumer Credit Code, Plaintiffs-Appellants and Cross-Appellees, v. CB SERVICES CORPORATION, Defendant, and Concerning Paul Chessin, Senior Assistant Attorney General, Appellant and Cross-Appellee, and Michael W. Hicks, Appellee and Cross-Appellant. No. 08CA2092.Colorado Court of Appeals. May 27, 2010. Rehearing Denied […]

Dennis Dellovade v. Alan Charnes, Director Department of Revenue, for the State of Colorado No. 81CA0012Colorado Court of Appeals. Decided August 13, 1981. Appeal from the District Court of the City and County of Denver, Honorable Page 532 Edward Carelli, Judge. David Burnell Smith, for plaintiff-appellant. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy […]

National Propane Corporation; National Propane SGP, Inc.; and National Propane, L.P., n/k/a Columbia Propane, L.P., Plaintiffs-Appellants, v. Wylie R. Miller; Hometown Propane, Inc.; and D J Leasing, Inc., Defendants-Appellees. No. 99CA0149Colorado Court of Appeals. June 22, 2000 Petition for Rehearing DENIED August 17, 2000. Appeal from the District Court of Mesa County, Honorable David A. […]

(501 P.2d 741) Rodger W. Simons v. The District Court in and for the Second Judicial District and State of Colorado, and Gilbert A. Alexander, one of the Judges thereof No. 25678Supreme Court of Colorado. Decided October 10, 1972 Original proceeding wherein petitioner seeks to have the district court reinstate his plea of not guilty […]

(609 P.2d 631) In re: An Initiated Constitutional Amendment Respecting Rights of the Public to Uninterrupted Services by Public Employees, Ruth E. Prendergast, Hugh C. Fowler and George W. Hawkins. No. 80SA148Supreme Court of Colorado. Decided April 14, 1980. Original proceeding by proponents of an initiative petition for an amendment to the Constitution of the […]

(459 P.2d 280) Enda Mills Kiley also known as Enda Mills v. The First National Bank of Denver, Executor of the Estate of Esther B. Mills, also known as Esther Burnell Mills, deceased. No. 22523.Supreme Court of Colorado. Decided October 6, 1969. Action by daughter involving filing of claim and asserting interest in certain real […]

(593 P.2d 1372) The People of the State of Colorado, ex rel. Robert R. Gallagher, Jr., District Attorney for the 18th Judicial District, State of Colorado v. The District Court in and for the 18th Judicial District, County of Arapahoe, State of Colorado, and the Honorable Edward C. Day, one of the judges thereof No. […]

(388 P.2d 249) LESLIE R. GLASS v. HARRY C. TINSLEY, WARDEN OF THE COLORADO STATE PENITENTIARY. No. 20,626.Supreme Court of Colorado. Decided January 13, 1964. From denial of his petition for a writ of habeas corpus, the petitioner brings error. Affirmed. 1. HABEAS CORPUS — Petition — Sufficiency — Denial. A petition for a writ […]

The People of the State of Colorado, Petitioner, v. David Anthony Williams, Respondent. No. 98SC109Supreme Court of Colorado. June 28, 1999 As Amended on Denial of Rehearing September 10, 1999.[*] [*] Chief Justice Mullarkey, Justice Martinez, and Justice Bender would have granted the Petition for Rehearing. Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED […]

Deborah M. Finlay, Plaintiff-Appellant, v. Storage Technology Corporation, Defendant-Appellant. No. 85CA0430Colorado Court of Appeals. Decided December 24, 1986. Rehearing Denied January 29, 1987. Certiorari Granted Finlay April 27, 1987 (87SC93). Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Page 323 Miller, Hale and Harrison, David B. Harrison, for Plaintiff-Appellant. The Law […]

Robert DOUGLAS and Cheryl Douglas, parents and next friends of Kevin Douglas, decedent, Plaintiffs-Appellees, v. CITY AND COUNTY OF DENVER, State of Colorado, and Southwest Denver Recreational Center, Defendants-Appellants, and Colorado Trial Lawyers Association, Amicus Curiae. No. 08CA0063.Colorado Court of Appeals. November 13, 2008. Appeal from the District Court, City and County of Denver, Robert […]

77 P.2d 128 SAN LUIS ROLLER MILLS, INC. v. SAN LUIS POWER AND WATER COMPANY. No. 13,909.Supreme Court of Colorado. Decided June 14, 1937. On Rehearing original opinion modified and adhered to March 7, 1938. Water adjudication proceeding. Date of additional priority of ditch of plaintiff in error fixed as of the time of diversion […]

William W. Hewitt, Plaintiff-Appellant, v. Pitkin County Bank and Trust Company, a Colorado corporation; and Charles Israel and Jack LaVold, individually and as agents of Pitkin County Bank and Trust Company, Defendants-Appellees. No. 93CA1769Colorado Court of Appeals. Decided April 20, 1995. Petition for Rehearing DENIED May 25, 1995. Certiorari Denied February 18, 1997. Appeal from […]

Major Medical Insurance Fund, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado; St. Mary Corwin Hospital; Hartford Accident Indemnity Co.; and Nora Bachicha, Respondents. No. 02CA1846.Colorado Court of Appeals. Division IV. July 31, 2003. Industrial Claim Appeals Office of the State of Colorado; W.C. No. 2-435-289. ORDER AFFIRMED. Page 868 Ken Salazar, […]

196 P.2d 870 BALLEW v. HARTMAN ET AL. No. 16,105.Supreme Court of Colorado. Decided August 9, 1948. An action to compel a town clerk to place upon the ballot at a town election the names of certain candidates, and to strike from the name “Independent Progressive Ticket,” appearing upon the ballot, the word “Independent.” Judgment […]

(308 P.2d 1016) CITY AND COUNTY OF DENVER, ET AL. v. PUBLIX CAB CO., ET AL. No. 17,907.Supreme Court of Colorado. Decided March 25, 1957. Declaratory judgment action to determine validity to exclusive franchise given by City to Yellow Cab Co. for taxi and limousine service at Municipal Airport. From a judgment for plaintiffs the […]

112 P.2d 555 GOLD MINES CONSOLIDATED, INC., ET AL. v. SIMMONS. No. 14,913.Supreme Court of Colorado. Decided March 31, 1941. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Husband and Wife — Voluntary Separation — Fact Questions. In a workmen’s compensation proceeding, whether a wife is voluntarily separated […]

105 P.2d 406 SCHOOL DISTRICT NO. 1 OF DENVER ET AL. v. FAKER. No. 14,597.Supreme Court of Colorado. Decided July 1, 1940. Rehearing denied September 16, 1940. A proceeding involving the right of plaintiff, defendant in error, to a school teacher’s pension. Judgment for plaintiff. Reversed. 1. COMPROMISE AND SETTLEMENT — Disputed Claims. The law […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Daniel ZAMARRIPA-DIAZ, Defendant-Appellant. Colorado Court of Appeals. No. 06CA0186. March 20, 2008. Rehearing Denied June 5, 2008. Appeal from the District Court, Jefferson County, Jack W. Berryhill, J. Page 1121 John W. Suthers, Attorney General, Sean A. Moynihan, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas […]

The Heather Corporation, a Colorado corporation, and Wayne Gangwish v. Community Tele-Communications, Inc., a Nevada corporation, and The City of Cortez, a Colorado municipal corporation No. 80CA1006Colorado Court of Appeals. Decided September 17, 1981. Rehearing denied October 15, 1981. Certiorari granted March 15, 1982. Appeal from the District Court of Montezuma County, Honorable Willard Rusk, […]

Robert LANDEROS, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado; CF I Steel LP, d/b/a Rocky Mountain Steel Mills; and Sedgwick Claims Management Services, Inc., Respondents. No. 08CA0618.Colorado Court of Appeals. April 16, 2009. Certiorari Denied August 17, 2009. Page 545 Koncilja Koncilja, P.C., Lawrence D. Saunders, Robert D. Baumberger, Pueblo, Colorado, […]

(499 P.2d 642) Dorothea Cool v. Richard Vesey No. 70-693Colorado Court of Appeals. Decided May 9, 1972. Rehearing denied May 31, 1972. Certiorari denied August 8, 1972. Personal injury action for injuries sustained by plaintiff when she tripped over water line stop box located on parkway between street and defendant’s property. From judgment for plaintiff, […]

(511 P.2d 484) Jack Wadlow, Edwin S. Lamm and Lawrence Aubert, as The Board of County Commissioners of the County of Mesa and State of Colorado v. Donald W. Kanaly, as Treasurer of Mesa County, Colorado; Elaine June Ingvertsen, Noble W. Harmon, Opal Fern Weber, Jennie L. Cockrum, Lucille E. Strnad, Gena Mae Harrison and […]

155 P.2d 145 AMERICAN FEDERATION OF LABOR ET AL. v. REILLY ET AL. No. 15,446.Supreme Court of Colorado. Decided December 21, 1944. Rehearing denied January 8, 1945. An action to obtain a declaratory judgment, and initiated for the purpose of testing the constitutionality of the Labor Peace Act, chapter 131, S.L. ’43. The trial court […]

C.R.A.H., minor, by Pueblo County Department of Social Services, and M.J.H. (Mother), as next friend, and Concerning, P.M.M., and G.D.M., Minor, by Pueblo County Department of Social Services, and S.K.M. (Mother), as next friend, and Concerning P.J.C. No. 80CA1258 No. 80CA1259Colorado Court of Appeals. Decided November 27, 1981. Rehearing denied December 17, 1981. Certiorari denied […]

Kimberly A. Obert, Petitioner, v. The Colorado Department of Social Services, Respondent. No. 87SC342Supreme Court of Colorado. Decided December 19, 1988. Opinion modified and, as modified, Rehearing Denied January 17, 1989. Certiorari to the Colorado Court of Appeals Bernard A. Poskus, Legal Aid Society of Metropolitan Denver, Inc., for Petitioner. Duane Woodard, Attorney General, Charles […]

The People of the State of Colorado, Plaintiff-Appellee, v. David Thomas Gee, Defendant-Appellant. No. 00CA0454Colorado Court of Appeals. August 30, 2001 La Plata County District Court No. 99CR83 Honorable Gregory G. Lyman, Judge. JUDGMENT AFFIRMED Page 1253 Ken Salazar, Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Denver, CO, for Plaintiff-Appellee Robin K. Auld, Pagosa Springs, […]

(575 P.2d 411) Charles Pollard v. Elaine F. Walsh No. C-1149Supreme Court of Colorado. Decided February 21, 1978. Rehearing denied March 13, 1978. Action to set aside county court’s entry of judgment on defendant’s counterclaim against plaintiff. The district court affirmed the judgment of the county court. Reversed 1. CONTINUANCE — Discretion of Court — […]

In re the Matter of J.C.T., a minor child. Paula Constantakis Young, Guardian Ad Litem; and Three Affiliated Tribes, Petitioners v. C.A.H., Respondent. No. 06SC780.Supreme Court of Colorado. December 3, 2007. Appeal from the Denver Probate Court, Denver County, C. Jean Stewart, J. Page 727 Paula Constantakis Young, Denver, Colorado, Guardian Ad Litem for J.C.T. […]

In the Matter of the Trusts created by John A. Ferguson and John A. Ferguson and Karrie J. Ferguson, settlors. John F. Penning, Jane S. Ahlbors, Debora Graefe, B. Timothy Sullivan, William Bosworth, Priscella Bosworth, Douglas B. Del Bosco, Dana Del Bosco, and Debora MacKimmie, Petitioners-Appellants, v. Donald A. Ferguson, John A. Ferguson, III, Leslie […]

(380 P.2d 239) TED WAYMIRE, ET AL., INDIVIDUALLY AND AS BOARD OF COUNTY COMMISSIONERS FOR ADAMS COUNTY, v. TIMOTHY J. AHERN. No. 20,176.Supreme Court of Colorado. Decided April 1, 1963. From a judgment ordering issuance of license for a package liquor outlet, the Board of County Commissioners brings error. Reversed. 1. INTOXICATING LIQUOR — Authority […]

106 P.2d 1066 KAMP ET AL. v. FICCIO. No. 14,831.Supreme Court of Colorado. Decided September 23, 1940. Rehearing denied October 21, 1940. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Francis E. Bouck and Mr. Justice Young not participating. Error to the County Court of the City and County of […]

(580 P.2d 798) Beverly Grace Johnston (formerly known as Beverly Grace Jensen) v. District Court in and for the County of Garfield, Ninth Judicial District, State of Colorado and Judson E. DeVilbiss, District Judge for said Court No. 28029Supreme Court of Colorado. Decided June 26, 1978. Original proceeding by petitioner — defendant in quiet title […]