Colorado, February, 2009, State Case law

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State Courts - Colorado - February 5, 2009

People v. Robles, Court of Appeals No. 06CA1811, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 5, 2009, Decided
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Overview: Under Colo. Rev. Stat. ? 16-11-205(5), defendant was not denied his right to due process because the prosecution's continuance motion clearly and unequivocally identified his murder conviction as the ground for revoking his probation. Also, he did not claim that form of notice compromised his ability to present a defense at the revocation hearing.

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Rider v. State Farm Mut. Auto. Ins. Co., Court of Appeals No. 08CA0038, COURT OF APPEALS OF COLORADO, DIVISION SIX, February 5, 2009, Decided
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Overview: Summary judgment in favor of the insurer was reversed and remanded, because the three-year limitations period applied to uninsured motorist claims against the insurer, and the insured filed suit against the insurer within three years after the cause of action accrued, as required by the first clause of Colo. Rev. Stat. ? 13-80-107.5(1)(a).

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Smith v. Exec. Custom Homes, Inc., Court of Appeals No 08CA0426, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 5, 2009, Decided
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Overview: Issue as to whether repair doctrine tolled the running of statute of limitations under Construction Defect Action Reform Act could not be resolved on summary judgment. Absence of subsequent manifestations of defect for nearly a year after repair requests were made could have reasonably led homeowners to assume that no further action was necessary.

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Snook v. Joyce Homes, Inc., Court of Appeals No. 07CA2352, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 5, 2009, Decided
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US Fax Law Ctr., Inc. v. Henry Schein, Inc., Court of Appeals No. 08CA0012, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 5, 2009, Decided
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Wallin v. Cosner, Court of Appeals No. 08CA0913, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 5, 2009, Decided
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Overview: Where plaintiff sought review of a prison disciplinary proceeding, he timely deposited his complaint with the prison mail system within thirty days as required by Colo. R. Civ. P. 106(b) but it was not received by the trial court until five days later; the trial court erred by dismissing the complaint as untimely without making additional findings.

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