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| Belfor USA Group, Inc. v. Rocky Mt. Caulking & Waterproofing, LLC, Court of Appeals No. 05CA0022,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 10, 2006, Decided
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Overview: The granting of the corporation's motion for remittitur in an action for breach of contract and negligence was improper because the trial court made no findings that the jury's verdict was influenced by passion, prejudice, or bias, or that the award was manifestly excessive in light of the evidence presented.
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| Centennial Bank of the West v. Taylor, Court of Appeals No. 05CA0913,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 10, 2006, Decided
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Overview: Order denying postjudgment relief under Colo. R. Civ. P. 60(b) was affirmed because defendant's motion was an attack on the merits of the summary judgment order and she had already had two opportunities to make that challenge: first, in her response to the summary judgment motion, and second, an appeal of the judgment, which she opted not to do.
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| City of Colo. Springs v. Bull, Court of Appeals No.: 06CA0538,
COURT OF APPEALS OF COLORADO, DIVISION A, August 10, 2006, Decided
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Overview: Trial court erred in ordering citizens' ordinance initiatives under Colo. Const. art. V, § 1 relating to city deficit spending and city revenue change be placed on the ballot as administrative provisions of the initiatives were not proper subjects for an initiative and had to be excised from the initiatives.
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| Cornerstone Group XXII, L.L.C. v. Wheat Ridge Urban Renewal Auth., Court of Appeals No.: 05CA0279,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 10, 2006, Decided
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Overview: In a developer's suit against an urban renewal authority when the authority abandoned condemnation proceedings for parcels the parties contracted to develop, the trial court erred in determining specific performance was not an available remedy for the authority's breach as the authority's obligations could have been enforced estoppel principles.
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| Edge Telecom, Inc. v. Sterling Bank, Court of Appeals No. 05CA0827,
COURT OF APPEALS OF COLORADO, DIVISION A, August 10, 2006, Decided
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Overview: Bank, corporation, and guarantor disputed forum selection clause in matter alleging fraud. Trial court erred in granting a motion to dismiss based on Colo. R. Civ. P. 12(b)(1) because private parties could not deprive a trial court of it subject matter jurisdiction; however, error was harmless because clause was enforceable.
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| Giguere v. SJS Family Enters. , Court of Appeals No.: 04CA0947,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 10, 2006, Announced , August 10, 2006, Decided
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Overview: Because landowners prevailed on their alternative argument for a declaration limiting the developer's construction to the original building and access envelope, and thereby obtained objective relief, they were the prevailing party on the declaratory judgment claim and were entitled to attorney fees and costs, Colo. Rev. Stat. § 38-33.3-123(1)(c).
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| Goodwin v. Morris, Court of Appeals No.: 01CA2101,
COURT OF APPEALS OF COLORADO, DIVISION ONE, August 10, 2006, Announced
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Overview: In a wrongful death action against a physician arising from alleged medical malpractice, the trial court erred in calculating prejudgment interest on a widow's noneconomic damages after applying the Colorado Health Care Availability Act's statutory cap on noneconomic damages.
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| In re Marriage of Jorgenson, Court of Appeals No.: 05CA0212,
COURT OF APPEALS OF COLORADO, DIVISION THREE, August 10, 2006, Decided
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Overview: In a marital dissolution, trial court properly divided marital assets, which included proceeds from a personal injury settlement; however, additional findings were needed regarding liability because husband stopped making business lease payments and parties were being sued by business lessor; trial court was required to value marital debt.
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| J.C.T. v. Three Affiliated Tribes, Court of Appeals No. 05CA1065,
COURT OF APPEALS OF COLORADO, DIVISION TWO, August 10, 2006, Decided
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Overview: In determining child's legal guardianship, probate court exceeded its jurisdiction because it conducted what amounted to a de facto adoption proceeding in violation of Colo. Const. art. VI, § 9(3) and applicable statutes; jurisdiction was exclusively vested in the juvenile court. Probate court also improperly appointed itself as child's guardian.
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| Ken Caryl Ranch Master Ass'n v. Granite State Ins. Co., Court of Appeals No. 05CA0312,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 10, 2006, Decided
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Overview: In insurance dispute, summary judgment for insurer was not proper on issue of which policy covered association's roof's collapse. Under Colo. Rev. Stat. § 10-4-110.5(1), insurer was required to provide timely notice of proposed policy changes or affirmatively extend existing policy for 45 days to avoid automatic renewal of existing policy.
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