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| Dep't of Health Care Policy & Fin. v. Kockevar (In re Estate of Kochevar), Court of Appeals No. 03CA0609,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 17, 2004, Decided
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Overview: Where the Colorado Department of Health Care Policy and Financing corrected deficiencies in a timely filed Medicaid payment recovery claim against a decedent's estate more than one year after the claim was filed, the claim was still timely.
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| FSDW, LLC v. First National Bank, Court of Appeals No. 03CA0348,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 17, 2004, Decided
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Overview: In defendants' appeal of plaintiff's voluntary dismissal in action for partition of real property, judgment was remanded for findings that reflected consideration of defendants' requests to impose various terms and conditions before dismissal.
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| In re Marriage of West, Court of Appeals No. 03CA0749,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 17, 2004, Decided
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Overview: Court abused its discretion in ordering that parochial school tuition and athletic fees in private programs should be included as extraordinary expenses in calculating a father's child support obligations; order was not based on adequate findings.
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| Liberty Mut. Fire Ins. Co. v. Human Res. Cos., Court of Appeals No. 03CA0521,
COURT OF APPEALS OF COLORADO, DIVISION TWO, June 17, 2004, Decided
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Overview: Because trial court did not explain denial of an insurers' motion to substitute a corporation, an appellate court could not review the decision and remanded the case for trial court to determine whether the corporation was a successor corporation.
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| McCall v. Meyers, Court of Appeals No. 01CA2422,
COURT OF APPEALS OF COLORADO, DIVISION ONE, June 17, 2004, Decided
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Overview: Instructing jury on comparative negligence was proper, as Colorado's comparative negligence statute required court to apportion parties' relative fault in determining applicable recovery. Pedestrian's other arguments were unsupported by record.
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| Nokes v. Aspen Aviation, Inc., Court of Appeals No. 03CA0141,
COURT OF APPEALS OF COLORADO, DIVISION THREE, June 17, 2004, Decided
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Overview: On airline pilot's appeal in employment termination case, judgment was vacated; the connection between pilot's conduct in refusing to disable his plane and airline's services was tenuous and Airline Deregulation Act did not preempt his claims.
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| Norton Frickey, P.C. v. James B. Turner, P.C., Court of Appeals No. 03CA0236,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 17, 2004, Decided
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Overview: On attorney's appeal from adverse judgment in contract dispute, judgment was affirmed; settlement agreement with attorney's former law firm was not void as against public policy and was enforceable in accordance with its terms.
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| People ex rel. R.A.S., Court of Appeals No. 03CA1209,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 17, 2004, Decided
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Overview: Admission into evidence of a videotape of investigating officer's forensic interview with four-year-old sexual assault victim violated a juvenile's Sixth Amendment right of confrontation; hence, juvenile was entitled to new trial for sexual assault.
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| People v. Candelaria, Court of Appeals No. 01CA2467,
COURT OF APPEALS OF COLORADO, DIVISION THREE, June 17, 2004, Decided
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Overview: It was logically inconsistent to find defendant guilty of conspiracy and attempt to commit first degree murder after deliberation and with extreme indifference, but there was no prejudice where only one conviction and sentence were imposed.
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| People v. Sharp, Court of Appeals No. 02CA1262,
COURT OF APPEALS OF COLORADO, DIVISION THREE, June 17, 2004, Decided
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Overview: On defendant's appeal of convictions for theft and unauthorized use of a financial transaction device, judgment was affirmed; defendant procured her hotel stay through deception, which was sufficient to uphold her conviction.
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