Colorado, March, 2003, State Case law

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State Courts - Colorado - March 13, 2003

Anstine v. Churchman, Court of Appeals No. 02CA0271, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 13, 2003, Decided
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Overview: Trial court lacked jurisdiction to enter a default judgment against an insurance broker defendant while his appeal of the trial court's denial of his motion to quash service and his motion to dismiss for lack of personal jurisdiction was pending.

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Applehans v. Farmers Ins. Exch., Court of Appeals No. 02CA0490, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 13, 2003, Decided
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Overview: The denial of the insured's motion to vacate the arbitrator's final award was improper where the arbitrator exceeded his powers by rendering the final award.

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Becker v. Becker (In re Estate of Becker), Court of Appeals No. 02CA0134, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 13, 2003, Decided
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Overview: Where interested person initiated proceedings against conservator of ward's estate that had no merit, there was no error in trial court's finding that interested person acted in bad faith, which supported an award of attorney fees to conservator.

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City Mkt., Inc. v. Indus. Claim Appeals Office, Court of Appeals No. 02CA1437, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 13, 2003, Decided
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Overview: An award of penalties to the claimant was proper, where the employer was obligated to respond to the division-sponsored independent medical examination report and failed to do so.

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Cook v. City & County of Denver, Court of Appeals No. 02CA0560, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 13, 2003, Decided
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Overview: In a police discipline case, the trial court properly concluded that the term "reduction in grade" in a city charter provision included reduction in both rank and grade.

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De Avila v. Estate of Deherrera, Court of Appeals No. 02CA0355, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 13, 2003, Decided
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Overview: Trial court erred in amending judgment in favor of passenger in his action for personal injuries against decedent's estate, where estate did not file timely appeal and did not allege extraordinary circumstances justifying relief.

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Golden Lodge No. 13 v. Grand Lodge of the Indep. Order of Odd Fellows of Colo., Court of Appeals No. 02CA0128, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 13, 2003, Decided
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Overview: The title to a hall properly vested in the grand lodge where the revocation of the fraternal organization's charter was proper.

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People v. McDaniel, Court of Appeals No. 01CA2060, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 13, 2003, Decided
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Overview: Defendant's waiver of his right to testify was knowing, voluntary, and intelligent, despite not understanding the use of his prior conviction to impeach, but that lack of understanding was harmless, where previous conviction was not used at trial.

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People v. McQuarrie, CASE NO. 03SC91, SUPREME COURT OF COLORADO, March 13, 2003, Decided , March 13, 2003, Filed
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Public Serv. v. Indus. Claim Appeals Office, Court of Appeals No. 02CA0583, COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 13, 2003, Decided
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Overview: Award of temporary disability benefits for the claimant's mental impairment was affirmed, as the record reflected that the harassment directed at the claimant began in response to his participation in the harassment lawsuit against the employer.

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