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   State Courts - Colorado - January 31 - February 7, 2005

  
Bd. of Dirs. v. Nat'l Union Fire Ins. Co. , Case No. 03SC846, SUPREME COURT OF COLORADO, January 31, 2005, Decided
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Overview: Metro Wastewater Reclamation District was not entitled to determination regarding applicability of notice-prejudice rule to liability policy provisions. Because there was no liability policy between District and insurer, issue was nonjusticiable.

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CLPF-Parkridge One, L.P. v. Harwell Invs., Inc., Case No. 04SA182, SUPREME COURT OF COLORADO, January 31, 2005, Decided
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Overview: A subcontractor's cross-claim against an engineering firm seeking indemnity or contribution should not have been dismissed because the claim could have been brought prior to the termination of a construction defect case.

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Delgado v. People , Case No. 03SC390, SUPREME COURT OF COLORADO, January 31, 2005, Decided
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Overview: A trial court had jurisdiction to modify a corrected sentence when any portion of the original sentence did not comply with statutory requirements and a motion for reduction of sentence was filed within 120 days of the legal sentence's imposition.

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Friedland v. Travelers Indem. Co., Case No. 03SC681, SUPREME COURT OF COLORADO, January 31, 2005, Decided
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Overview: The traditional late notice rule announced in Marez was overruled to the extent it applied to liability polices involving late notice and the notice-prejudice rule previously announced in Clementi was adopted for all liability policies.

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Paul v. People, Case No. 03SC668, SUPREME COURT OF COLORADO, January 31, 2005, Decided
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Overview: Although order denying defendant's motion to dismiss was not immediately appealable, through the exercise of original jurisdiction, record did not support a finding of manifest necessity for mistrial nor consent or waiver of objection by defendant.

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Silverthorne Factory Stores, LLC v. Dinnerware Plus Holdings, Inc., CASE NO. 05SC66, SUPREME COURT OF COLORADO, February 4, 2005, Decided
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People v. Rhodes, Case Number: 04PDJ044, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 7, 2005, Decided
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Overview: Combination of an attorney's conscious conversion of client funds, multiple offenses committed, and clients' dependence on him outweighed his efforts to rectify the damage he caused, and the mitigation he offered was not of the quality and quantity sufficient to overcome a presumption of disbarment.

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People v. Rhodes, 04PDJ044, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, February 7, 2005, Decided
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