Colorado, March, 2005, State Case law

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State Courts - Colorado - March 24, 2005

Christel v. EB Eng'g, Inc., Court of Appeals No.: 03CA1716, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 24, 2005, Decided
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Overview: Where the claims against the other defendants were not involved in the interlocutory appeal, the trial court had jurisdiction to proceed with these claims while the city's appeal of the denial of its motion that sought dismissal of the claims against it based on governmental immunity under the Colorado Governmental Immunity Act was pending.

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Full Moon Saloon, Inc. v. City of Loveland, Court of Appeals No.: 03CA2181, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 24, 2005, Decided
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Overview: District court erred in reversing city liquor license authority's suspension of a liquor license under Colo. Rev. Stat. ? 12-47-601 (2004) for the licensee's alleged violation of Colo. Rev. Stat. ? 12-47-901(1)(a) (2004) because there was ample evidence to give licensee's employee constructive knowledge--imputed to the licensee--of the violation.

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Grynberg v. Ark. Okla. Gas Corp., Court of Appeals No.: 03CA1320, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 24, 2005, Decided
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Overview: The holders of working and royalty interests in a natural gas well were estopped from relitigating the issue of the corporation's obligation to pay them because that issue had been determined adversely to the interest holders by another state court. Thus, the interest holders' claims were properly dismissed on grounds of collateral estoppel.

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Moore v. Edwards, Court of Appeals No.: 04CA0332, COURT OF APPEALS OF COLORADO, DIVISION A, March 24, 2005, Decided
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Overview: A personal representative was not entitled to attorney fees incurred in defending against devisees' breach of fiduciary duty claim; an equitable right to seek attorney fees in breach of trust and breach of fiduciary cases pertained only to prevailing beneficiaries.

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People v. Hoover, Court of Appeals No.: 04CA1794, COURT OF APPEALS OF COLORADO, DIVISION A, March 24, 2005, Decided
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Overview: Where a trial court granted defendant an appeal bond, set it at $ 1 million, and specified that it be "cash only," the trial court did not abuse its discretion in denying defendants' motion to modify the bond to one requiring securities instead of cash; bail could not be deemed excessive where it could properly be denied altogether.

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People v. Segall, Case Numbers: 03PDJ033 (consolidated with 04PDJ078), SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, March 24, 2005, Decided
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Overview: Where there was pattern of client neglect, attorney was disbarred for knowingly: (1) neglecting numerous client matters; (2) failing to communicate with clients over an extended period of time; (3) misappropriating client funds; and (4) failing to pay court-ordered child support, and ABA Standards and state supreme court caselaw supported sanction.

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People v. Thompson, Court of Appeals No.: 03CA1017, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 24, 2005, Decided
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Overview: Evidence was sufficient to convict defendant of attempted second degree murder and first degree assault on an officer because officer testified that (1) defendant pointed a gun at the officer's head at very close range; and (2) in the instant that gun was pointed at his head, officer heard gun make a clicking sound, as if trigger had been pulled.

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SMLL, LLC v. Peak Nat'l Bank, Court of Appeals No.: 03CA2347, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 24, 2005, Decided
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Overview: Because the basis for the dismissal of a company's first action against its former attorney and a bank was not jurisdictional, the trial court did not err in dismissing the company's second action, which was filed within 90 days of the dismissal of the first action, but more than three years after the claims against defendants accrued.

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Visser v. Mahan, Court of Appeals No.: 04CA1361, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 24, 2005, Decided
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Overview: Notice of patient's claim against doctors employed by city hospital was timely provided under the Colorado Governmental Immunity Act where the notice was given within 180 days of both the appointment of patient's guardian ad litem and appointment of her husband as special conservator; knowledge of injuries was not imputed to patient before then.

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