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| Anglum v. USAA Prop. & Cas. Ins. Co., Court of Appeals No. 02CA2583,
COURT OF APPEALS OF COLORADO, DIVISION ONE, February 26, 2004, Decided
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Overview: In litigants' appeal of dismissal of their claims in automobile insurance dispute, judgment was reversed; litigants' initial premium paid for coverage for a newly acquired vehicle for 30 days and to that extent they were overcharged.
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| City of Colo. Springs v. Indus. Claim Appeals Office , Court of Appeals No. 03CA0890,
COURT OF APPEALS OF COLORADO, DIVISION THREE, February 26, 2004, Decided
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Overview: Where a firefighter did not recognize the probable compensable nature of his occupational disease until the effects of the disease forced him to retire, it was found that his workers' compensation claim was not barred by the limitations period.
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| Durdin v. Cheyenne Mt. Bank, Court of Appeals No. 02CA2224,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 26, 2004, Decided
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Overview: In defendant bank's appeal of adverse decision under Federal Equal Credit Opportunity Act, judgment was affirmed; plaintiff shareholder's damages were caused by bank's failure to provide timely notice of its adverse decision on a loan application.
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| Gordon v. Boyles, Court of Appeals No. 02CA2196,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 26, 2004, Decided
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Overview: A grant of summary judgment against the police officer and spouse in a defamation action was improper in part where the host's statements were defamatory per se because they alleged criminal activity or serious sexual misconduct.
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| In re Marriage of Guinn, Court of Appeals No. 02CA1775,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 26, 2004, Decided
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Overview: Division of marital property was affirmed because in the absence of some ownership interest in a trust, a mandatory right to unrealized future discretionary allocations of income was an expectancy and was not property for purposes of the statute.
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| In re Marriage of Schmitt, Court of Appeals No. 02CA1250,
COURT OF APPEALS OF COLORADO, DIVISION TWO, February 26, 2004, Decided
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Overview: In father's appeal of denial of de novo review of arbitration award, judgment was affirmed; because father's motion for de novo review of the arbitration award was not filed within 30 days of the confirmation of the award, it was untimely filed.
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| Newsom v. Frank M. Hall & Co., Court of Appeals No. 02CA1375,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 26, 2004, Decided
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Overview: In general contractor's appeal of judgment for plaintiff subcontractor, judgment was affirmed; evidence established that the subcontractor's employer was independent from the general contractor.
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| People ex rel. S.G., Court of Appeals No. 01CA2036,
COURT OF APPEALS OF COLORADO, DIVISION THREE, February 26, 2004, Decided
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Overview: Judge who presided over hearing held to determine if father's parental rights should be terminated did not abuse his discretion when he refused to recuse himself, even though he also presided over trial where father was acquitted of multiple murders.
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| People v. Campbell, Court of Appeals No. 01CA1703,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 26, 2004, Decided
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Overview: Where police saw a photograph in defendant's home that depicted two young females engaged in sexually explicit conduct, they seized the photograph because it was in plain view. He was properly convicted for sexual exploitation of a child.
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| People v. Pourat, Court of Appeals No. 02CA1621,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 26, 2004, Decided
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Overview: Where a trial court relied on evidence that was outside of the presentence report and it did not inform defendant that it intended to rely on that evidence, defendant's due process rights were violated, resulting in a reversal of the sentence.
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