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   State Courts - Colorado - June 16, 2005

  
Int'l Paper Co. v. Cohen, Court of Appeals No.: 04CA0314, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 16, 2005, Decided
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Overview: Portion of order assessing sales tax on fixtures and the imposition of penalties was vacated and remand because absent a determination of whether the equipment was a fixture that became realty upon its annexation to the real property or a fixture that did not lose its legal status as personal property, the tax was improperly assessed.

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Minto v. Sprague, Court of Appeals No.: 03CA2522, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 16, 2005, Decided
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Overview: Trial court properly refused to give instructions on strict liability and res ipsa loquitur where landowners failed to show that there was any ambiguity in the meaning of "sets fire to" in Colo. Rev. Stat. ? 13-21-105 (2004) and where defendant presented uncontroverted evidence of how a fire started that spread from his land to plaintiffs' land.

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People v. Mintz, 05PDJ051., SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 16, 2005, Decided
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Rice v. Auraria Higher Educ. Ctr., Court of Appeals No.: 04CA0086, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 16, 2005, Decided
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Overview: Where administrative control of a media center was transferred from a state university to an education center, the center's failure to transfer a laid off employee to a substantially similar position was arbitrary and capricious because the center did not consider seniority or performance as required by Colo. Dep't Pers. Regs. No. 7.4.

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SMLL, L.L.C. v. Daly, Court of Appeals No.: 03CA1626, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 16, 2005, Decided
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Overview: Appeal was dismissed as untimely because the developer's notice of appeal was due forty-five days after the trial court denied its post-trial motions on December 5, 2002, the final day for filing a notice of appeal was January 20, 2003, and the August 2003 notice of appeal was too late.

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State ex rel. Salazar v. General Steel Domestic Sales, LLC, Court of Appeals No.: 05CA0286, COURT OF APPEALS OF COLORADO, DIVISION A, June 16, 2005, Decided
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Overview: The appeal of several individuals and companies of a phase I trial judgment regarding four consumers in a Colorado Consumer Protection Act case was dismissed without prejudice because each request for restitution as to each consumer was not a separate claim for purposes of certification under Colo. R. Civ. P. 54(b).

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Way Architects, P.C. v. Rockrimmon Elderly Hous. L.P., Court of Appeals No.: 04CA0300, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 16, 2005, Decided
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Overview: Architects brought breach of contract and mechanic's lien foreclosure against project owners. Pursuant to 11 U.S.C.S. ? 362(a)(1) (2004), owners' appeal of default judgment was stayed because Colorado law and the law of the Sixth Circuit, where the bankruptcy was filed, required a stay of contemporaneous claims against owners, who were debtors.

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