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   State Courts - Colorado - June 28 - June 29, 2007
  
Andrews v. Picard, Court of Appeals No. 05CA2566, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 28, 2007, Decided
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Overview: Homeowner who had obtained judgment against homebuilders on a breach of contract claim only was entitled to a new trial under Colo. R. Civ. P. 59(a) on her negligence claim because the negligence claim rested on a duty of care that was independent of any contractual duty that the builders may have owed.

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BRM Constr., Inc. v. Marais Gaylord, L.L.C., Court of Appeals No. 06CA0559, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 28, 2007, Decided
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Overview: In a contract dispute, trial court properly confirmed arbitration award in favor of a construction company because parties agreed that arbitration clause existed, and arbitrator was required to decide any conditions precedent to arbitration. This holding was consistent with caselaw under the prior version of the Colorado Uniform Arbitration Act.

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Goodwin v. Homeland Cent. Ins. Co., Court of Appeals No. 05CA2038, COURT OF APPEALS OF COLORADO, DIVISION ONE, June 28, 2007, Decided
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Overview: In an automobile insurance case, the trial court's failure to file a judgment in the form required under Colo. R. Civ. P. 23(c)(3) did not toll the time for filing an appeal. Plaintiffs were properly denied attorney fees under former Colo. Rev. Stat. ? 10-4-708 where an insurer timely paid benefits following reformation of insurance contracts.

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In re Jane Doe 2, Court of Appeals No. 07CA1095, COURT OF APPEALS OF COLORADO, DIVISION A, June 28, 2007, Decided
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Overview: Minor's petition for a waiver of parental notification requirements concerning an abortion under Colo. Rev. Stat. ? 12-37.5-107 was properly denied because there was not clear and convincing evidence showing that she was sufficiently mature to make the decision since, inter alia, she was unwilling to communicate with her mother or other adults.

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In re Marriage of Rodrick, Court of Appeals No. 06CA0306, COURT OF APPEALS OF COLORADO, DIVISION THREE, June 28, 2007, Decided
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Overview: Trial court had authority, under Colo. Rev. Stat. ? 14-10-115(1) and (17), to order husband to pay child support because parental responsibility order contemplated others could have a duty to support the child and, by terms of parental responsibility order, the husband and the wife, who were not the biological parents, were included in that group.

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Jackson & Co. (USA), Inc. v. Town of Avon, Court of Appeals No. 06CA0298, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 28, 2007, Decided
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Overview: In a zoning ordinance dispute, trial court did not err in enjoining corporation from renting duplex on a short-term basis because area in which duplex was located was zoned residential, and factors presented to trial court indicated that corporation was operating a commercial enterprise.

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People v. Reyes, Court of Appeals No. 06CA0241, COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 28, 2007, Decided
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Overview: Where defendant burglarized an office building, the trial court erred by ordering him to pay restitution for the victim's cost of installing locks on all its interior offices. The award was not authorized by Colo. Rev. Stat. ? 18-1.3-602(3)(a), because the expense was not proximately caused by defendant's conduct.

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Sierra Club v. Billingsley, Court of Appeals No. 05CA2607, COURT OF APPEALS OF COLORADO, DIVISION TWO, June 28, 2007, Decided
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Overview: County Board of Adjustment reasonably found that an ordinance providing for lapse of special use permits after five years of inactivity did not apply retroactively. A claim under Colo. Rev. Stat. ? 24-72-204(5) of the Colorado Open Records Act was not mooted by the parties' stipulation to in camera review of allegedly privileged documents.

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Wagner v. Grange Ins. Ass'n, Court of Appeals No. 06CA0172, COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 28, 2007, Decided
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Overview: Trial court erred in dismissing as time barred a policyholder's suit against an insurer for failure to offer enhanced benefits because under Colo. Rev. Stat. ? 13-80-108(6), the claims accrued when the policyholder knew or should have known of the failure to offer such benefits, not on the date of an accident involving the policyholder.

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People v. Black, 07PDJ040, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, June 29, 2007, Decided
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