Colorado, July, 2007, State Case law

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State Courts - Colorado - July 26, 2007

ADT Sec. Servs., Inc. v. Premier Home Prot., Inc., Court of Appeals No. 05CA1769, COURT OF APPEALS OF COLORADO, DIVISION THREE, July 26, 2007, Decided
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Overview: The trial court erred in finding that the security company breached the duty of good faith and fair dealing because the independent dealer's justified expectations under the contract were not violated by the security company's conduct.

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Ameriquest Mortg. Co. v. Land Title Ins. Corp., Court of Appeals No. 06CA0847, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 26, 2007, Decided
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Overview: A mortgage company's claim for equitable subrogation was not precluded by the mortgage company's failure to present evidence of wrongdoing by the title insurance company. Reliance upon a title insurance company was not evidence of negligence.

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Colo. v. Sherrod, Court of Appeals No. 03CA1105, COURT OF APPEALS OF COLORADO, DIVISION SIX, July 26, 2007, Decided
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Overview: Under Colo. Const. art. VI, ? 5(3)(4), chief judge of county district court could not retroactively confer authority on county court judge to sit as district court judge by entering the order nunc pro tunc. Thus, pertinent pretrial proceedings before county court judge before he acquired authority to act as district court judge were null and void.

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Garhart v. Columbia/HealthONE, L.L.C., Court of Appeals No. 05CA1725, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 26, 2007, Decided
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Overview: Hospital was required to fully fund an annuity in order to reflect a medical malpractice award; a trial court had the discretion to determine such under Colo. Rev. Stat. ? 13-64-207(1), the jury was not required to record the gross amount of damages in its verdict, and the trial court did not inquire into the jury's deliberative process.

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Green Tree Servicing, LLC v. U.S. Bank Nat'l Ass'n, N.D., Court of Appeals No. 06CA0881, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 26, 2007, Decided
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Overview: In a dispute over the seniority of creditors, even if a first creditor violated Colo. Rev. Stat. ?? 38-35-124, 38-35-124.5, in failing to release its deed of trust, the remedy of voiding a deed of trust was not cognizable; an action for damages was all that was permitted.

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In re Marriage of DePalma, Court of Appeals No. 06CA1478, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 26, 2007, Decided
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Overview: In permitting father to exercise his parenting time rights during his military deployment by having stepmother care for his children, trial court did not err by considering first the presumption that father was acting in children's best interests and determining that issue of stepmother's care was resolved when mother did not rebut presumption.

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Martinez v. Indus. Claim Appeals Office of Colo., Court of Appeals No. 06CA2673, COURT OF APPEALS OF COLORADO, DIVISION SIX, July 26, 2007, Decided
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Overview: Even though a benefits claimant received no impairment ratings or permanent work restrictions as a result of his prior back injuries, apportionment by a division sponsored independent medical examination physician under Colo. Rev. Stat. ? 8-43-104(2) was upheld since those conditions were not required.

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People ex rel. Z.P., Court of Appeals No. 06CA2478, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 26, 2007, Decided
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Overview: Father's right to counsel under Colo. Rev. Stat. ?? 19-1-105(2), 19-3-202(1), and 19-3-602(2) at a dependency and neglect proceeding was not violated where his counsel withdrew twice during the proceeding because the withdrawals were due to the father's failure to cooperate, and the father had not objected.

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People v. Stanley, Court of Appeals No. 05CA1185, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 26, 2007, Decided
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Overview: In a sexual assault on a child case, the trial court should have considered defendant's motion for postconviction relief under Colo. R. Crim. P. 35(c) because it substantially complied with Form 4 and was not time barred because it was placed in the Department of Corrections' mailing system the day before the three-year limitation period expired.

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People v. Vickers, Court of Appeals No. 06CA0514, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 26, 2007, Decided
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Overview: Where defendant was initially charged as an adult under Colo. Rev. Stat. ? 19-2-517 (2006), but pled guilty to offenses not enumerated in the direct file statute, the district court had discretion to consider either an adult or a juvenile sentence, and it erred in determining that it was required to impose an adult sentence.

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