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   State Courts - Colorado - April 11, 2002

  
In the Interest of A.M.D., Court of Appeals No. 00CA1857, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 11, 2002, Decided
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Overview: Trial court erred in calculating the amount of child support father owed after he had received an inheritance from his mother by incorrectly including as gross income the entire distribution father received, before taxes.

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Kirk v. Kitchens, Court of Appeals No. 01CA0387, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 11, 2002, Decided
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Overview: Property sellers could not include in their bid at foreclosure sale interest that they would have received if borrowers had not defaulted on loan. Including interest would have constituted an impermissible prepayment penalty.

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Major v. Chons Bros., Court of Appeals No. 00CA1941, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 11, 2002, Decided
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Overview: Where employees sued to recover unpaid overtime wages from company they used to work for as well as second company that bought first company and manager that later became partial owner, second company and manager were not liable for unpaid wages.

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Nat'l Real Estate Inv., LLC v. WYSE Fin. Servs., Court of Appeals No. 01CA0799, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 11, 2002, Decided
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Overview: District court erred in holding that purchaser, who had tendered funds for purchase of property after assignee had redeemed the property, could extinguish the assignee's rights after the redemption period had expired.

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Nielson v. Scott, Court of Appeals No. 01CA0627, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 11, 2002, Decided
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Overview: Knowledge by their attorney about potential waste water disposal difficulties were imputed to buyers of a recreational vehicle park in a suit alleging fraud and concealment brought by the buyers against the sellers.

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People v. Fernandez, Court of Appeals No. 01CA0592, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 11, 2002, Decided
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Overview: Trial court, in determining that defendant was not entitled to a new trial based on newly discovered evidence, did not err declining to hold hearing on motion and in relying on information in motion, record, and files in making its decision.

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People v. Gardner, Court of Appeals No. 01CA0282, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 11, 2002, Decided
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Overview: Defendant, who was convicted of retaliation against a witness, was on probation at the time of the offense, which dictated that, at a minimum, she receive a 10-year sentence. The State's sentencing scheme, as applied, was not unconstitutional.

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People v. Hall, Court of Appeals No. 00CA0845, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 11, 2002, Decided
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Overview: Where defendant was convicted of murdering her husband, it was not error to admit evidence that defendant committed murder either as a complicitor or a principal, and defendant's due process rights were not violated.

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People v. Welsh, Court of Appeals No. 98CA2167, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 11, 2002, Decided
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Overview: Evidence seized pursuant to a search of defendant's car in murder investigation was properly admitted where police conducted warrantless search of car, but where evidence would have been discovered through independent investigation.

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Reid v. Pyle, Court of Appeals No. 00CA1069, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 11, 2002, Decided
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Overview: In a consolidated action to quiet title and resolve loans from the lender to the borrower, a promissory note executed between the parties was not a negotiable instrument, and was not necessarily contingent upon the sale of property.

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