Colorado, May, 2003, State Case law

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State Courts - Colorado - May 22, 2003

Castle Rock Constr. Co. v. DOT, Court of Appeals No. 02CA0931, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 22, 2003, Decided
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Overview: Department of transportation could not avoid provisions of contract by characterizing chief engineer's letter as final agency action and then relying on it in support of motion to dismiss for failure to file timely complaint for judicial review.

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Elston v. Union Pac. R.R. Co., Court of Appeals No. 02CA0766, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 22, 2003, Decided
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Overview: Because an employer could have had notice of the potential for a slip and fall injury based on normal weather conditions, a trial court should not have granted summary judgment in favor of an employer in a Federal Employers' Liability Act claim.

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Gadlin v. Metrex Research Corp., Court of Appeals No. 02CA0313, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 22, 2003, Decided
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Overview: Summary judgment was improperly granted in a wrongful death action, as there was a genuine issue of material fact as to whether an amended complaint related back based on an alleged assertion that the proper party was no longer in existence.

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In re Marriage of Crowder, Court of Appeals No. 02CA0838, COURT OF APPEALS OF COLORADO, DIVISION A, May 22, 2003, Decided
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Overview: Where obligation to fund higher education created by paragraph in separation agreement was more specific than language in another paragraph terminating all forms of "child support" upon emancipation, parties' intent to share college costs prevailed.

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In re Marriage of Phelps, Court of Appeals No. 02CA0354, COURT OF APPEALS OF COLORADO, DIVISION A, May 22, 2003, Decided
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Overview: For purposes of magistrates, characterization of common law marriage hinged on context in which issue was raised, where it related to dissolution of alleged marriage, it was a "family law case," and district court review was required before appeal.

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Monday v. Anderson, Court of Appeals No. 02CA1080, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 22, 2003, Decided
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Overview: In an action against attorney to recover attorney fees paid on a contingent fee contract, client was obligated to present prima facie case that included some basis upon which jury could conclude that she had a right to the money attorney withheld.

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People ex rel. A.W., Court of Appeals No. 02CA1071, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 22, 2003, Decided
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Overview: In a parental rights termination case, the trial court did not lose jurisdiction when it failed either to enter an adjudicatory order or to dismiss the proceeding after continuing the adjudicatory hearing for two six-month periods.

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People ex rel. H., Court of Appeals No. 02CA1505, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 22, 2003, Decided
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Overview: A trial court properly granted a mother's motion to dismiss a dependency proceeding for lack of subject matter jurisdiction, as the definition of "child" did not apply to unborn children.

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People v. Campbell, Court of Appeals No. 02CA0132, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 22, 2003, Decided
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Overview: Although defendant's motion for reconsideration was filed more than 120 days after he completed boot camp, the trial court had to consider whether there was excusable neglect based on ineffective assistance of counsel before denying the motion.

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People v. Chamberlin, Court of Appeals No. 02CA0853, COURT OF APPEALS OF COLORADO, DIVISION A, May 22, 2003, Decided
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Overview: The district court's action of sealing defendant's criminal records was improper where defendant had been convicted of a criminal offense on one count in the underlying case.

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