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   State Courts - Colorado - May 8, 2003

  
260 Gregory LLC v. Black Hawk/Central City Sanitation Dist., Court of Appeals No. 02CA0207, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 8, 2003, Decided
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Overview: The trial court did not err in finding that the sanitation district's lien survived bankruptcy where the debtor's plan of reorganization did not make any provision for the district's claim or lien.

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Arevalo v. Colo. Dep't of Human Servs., Court of Appeals No. 01CA0769, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 8, 2003, Decided
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Overview: Trial court's ordering of specific performance for two orders was not error because the orders were not final and the appellate court did not have jurisdiction to consider them. Defendants were in contempt for failing to comply with an order.

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Black v. Southwestern Water Conservation Dist., Court of Appeals No. 02CA0468, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 8, 2003, Decided
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Overview: Memos represented legal advice regarding the water project negotiations and lobbying efforts and were not communications made to a public official for the purpose of influencing legislation. The memos were protected by attorney-client privilege.

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CF&I Steel, L.P. v. Air Pollution Control Div., Court of Appeals No. 02CA0715, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 8, 2003, Decided
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Overview: Because documents produced by a corporation to a state public health department qualified as "emission data" pursuant to the statute, the documents were properly ordered disclosed to a third party.

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Daniels v. Caleel+Hayden, L.L.C., Court of Appeals No. 02CA0789, COURT OF APPEALS OF COLORADO, DIVISION A, May 8, 2003, Decided
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Overview: A grant of summary judgment in favor of the employer finding that the employee was an exempt employee under the Fair Labor Standards Act was improper, where an analysis of the case required factual determinations that were in dispute.

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Genova v. Longs Peak Emergency Physicians, P.C., Court of Appeals No. 02CA0756, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 8, 2003, Decided
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Overview: A trial court properly excluded the evidence of a former employee's purported 20 percent ownership in a medical corporation upon a finding that the evidence was not relevant to the employee's breach of fiduciary duty claim.

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Horne Eng'g Servs. v. Kaiser-Hill Co., Court of Appeals No. 02CA0615, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 8, 2003, Decided
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Overview: Summary judgment was properly granted in favor of contractor, where adequate notice was provided to subcontractor that motion to dismiss might be treated as summary judgment, and contract terminated at end of first extended option period.

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In re C.B.B., Court of Appeals No. 02CA0610, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 8, 2003, Decided
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Overview: Juvenile was required to register as a sex offender under Colorado Sex Offender Registration Act, as right to procedural due process was not violated. Juvenile's risk level was immaterial, as his duty to register was triggered by conviction.

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In re H.Z.G., Court of Appeals No. 02CA0227, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 8, 2003, Decided
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Overview: Where a nonresident father sent a mother a letter regarding his income for the purpose of helping the mother obtain public assistance for their child in Colorado, a trial court properly determined that it had personal jurisdiction over the father.

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In re Marriage of Malwitz, Court of Appeals No. 02CA0056, COURT OF APPEALS OF COLORADO, DIVISION A, May 8, 2003, Decided
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Overview: Colorado did not have personal jurisdiction over the father, a Texas resident, to order him to pay child support where the father could not have reasonably anticipated being subject to litigation in court in Colorado. Due process was not met.

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