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   State Courts - Colorado - August 1, 2002

  
Bazemore v. Colo. State Lottery Div., Court of Appeals No. 01CA0380, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 1, 2002, Decided
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Overview: The trial court erred in dismissing the case for lack of subject matter jurisdiction based on failure to exhaust administrative remedies as the consumer's claim did not fall within the commission's discretionary power to conduct hearings.

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Crum v. April Corp., Court of Appeals No. 00CA2154, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 1, 2002, Decided
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Overview: When the contract entered into between the solicitor and corporation did not provide the standard for judging the acceptability of the loan, it was not impracticable to apply an objective reasonable person standard.

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Grange Ins. Ass'n v. Hoehne, Court of Appeals No. 01CA1905, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 1, 2002, Decided
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Overview: The trial court did not abuse its discretion by refusing to enter a declaratory judgment in an action where only the insurer and the injured party were the active participants.

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Joseph v. Viatica Mgmt. LLC, Court of Appeals No. 01CA1398, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 1, 2002, Decided
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Overview: Because units purchased by investors were an investment of money for a profit, which profit depended on others' efforts, the units qualified as securities under the category of investment contracts, and the trial court erred in holding otherwise.

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Keller Cattle Co. v. Allison, Court of Appeals No. 00CA1118, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 1, 2002, Decided
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Overview: As elements of laches were not conclusively established, and the landowner was not given a chance to counter the seller's statute of limitations defense in the landowner's action, summary judgment in favor of the seller was improper.

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Nichols v. Burlington N. & Santa Fe Ry. Co., Court of Appeals No. 01CA1279, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 1, 2002, Decided
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Overview: Summary judgment in favor of employer was reversed and remanded when whether employee's prior incidents of neck pain were sufficient to demonstrate that he knew or should have known of his injury and its cause was an unresolved question of fact.

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People v. Benavidez, Court of Appeals No. 01CA0585, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 1, 2002, Decided
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Overview: Trial court exceeded its authority when it sentenced defendant to a five-year probationary term for a class one misdemeanor offense, as it could not impose a probationary sentence longer than the maximum jail term allowed for the offense.

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People v. Perea, Court of Appeals No. 00CA1473, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 1, 2002, Decided
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Overview: Where defendant was convicted of felony escape, parole board was authorized to place him in intensive supervision program, conviction was valid, and there was sufficient evidence he failed to remain within extended limits of his confinement.

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People v. Valdez, Court of Appeals No. 01CA0324, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 1, 2002, Decided
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Overview: Department of corrections' discharge order was void and did not affect trial court's jurisdiction to revoke defendant's youthful offender sentence, where defendant did not complete program and revocation did not violate double jeopardy principles.

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Timroth v. Oken, Court of Appeals No. 01CA1416, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 1, 2002, Decided
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Overview: A treasurer's deed was deemed void because the tax sale preceding the execution of the deed was not commenced within the appropriate time frame according to the statute, and no reason for the delay was recited in the deed.

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