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| Animas Valley Sand & Gravel, Inc. v. Board of County Comm'rs, No. 98CA1474,
COURT OF APPEALS OF COLORADO, DIVISION TWO, February 3, 2000, Decided
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Overview: Because the standard the trial court applied to appellant's taking claim could not be determined from the trial court order, the court remanded for new findings using a preponderance of the evidence standard.
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| Boyd v. Garvert, No. 98CA1178,
COURT OF APPEALS OF COLORADO, DIVISION ONE, February 3, 2000, Decided
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Overview: In an attorney malpractice action, a breach of fiduciary duty claim and a professional negligence claim were properly submitted to a jury, because the claims were not duplicative because they were based on different facts.
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| Continental W. Ins. Co. v. Jim's Hardwood Floor Co., No. 98CA1576,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 3, 2000, Decided
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Overview: Insurance company was estopped from reforming their policy after judgment because defendant motorist had reasonably relied on it in deciding whether to go to trial and plaintiff failed to raise the issue before trial.
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| Crissey Fowler Lumber Co. v. First Community Indus. Bank, No. 98CA2338,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 3, 2000, Decided
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Overview: Statutory defense for homeowners against subcontractor's mechanics liens only applied if homeowners had paid general contractor full contract price before recording of liens took place.
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| Crissey Fowler Lumber Co. v. First Community Indus. Bank, No. 97CA2167,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 3, 2000, Decided
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Overview: Defendant bank breached its statutory duty to pay directly plaintiff subcontractors who had submitted disburser notices rather than paying general contractor; attorney fees awarded because of defendant's bad faith.
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| Decibel Credit Union v. Pueblo Bank & Trust Co., No. 98CA2548,
COURT OF APPEALS OF COLORADO, DIVISION THREE, February 3, 2000, Decided
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Overview: Remaining question of fact as to defendant's bad faith in cashing checks precluded summary judgment. Trial court erred in applying presentment and transfer warranties to find defendant liable under summary judgment.
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| Denver Parents Ass'n v. Denver Bd. of Educ., No. 98CA1309,
COURT OF APPEALS OF COLORADO, DIVISION THREE, February 3, 2000, Decided
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Overview: Court affirmed dismissal of parents' breach of contract claim for failure to state a claim, because claim against public school district for alleged breach of educational objectives was not supported by Colorado law.
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| In re Marriage of Bohn, No. 98CA1859,
COURT OF APPEALS OF COLORADO, DIVISION THREE, February 3, 2000, Decided
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Overview: Child support modification based on gross amount of father's lottery prize and awarding amount greater than requested was not error; awarding mother attorney fees was not error based on parties' relative economic situations.
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| In re Marriage of Popack, No. 98CA1674,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 3, 2000, Decided
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Overview: Order was reversed because the parties intended to arbitrate the matters related to the marriage and the agreement was not limited to the then pending separation proceedings.
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| O.R.L. v. Smith (In re O.R.L.), No. 99CA0293,
COURT OF APPEALS OF COLORADO, DIVISION TWO, February 3, 2000, Decided
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Overview: Where trial court applied clear and convincing standard to determine whether respondent's minor son's best interests warranted appointment of petitioner as guardian, such determination was not disturbed.
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