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   State Courts - Colorado - July 5 - July 11, 2001

  
Bd. of County Comm'rs v. City of Greenwood Village, Court of Appeals No. 00CA1634, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 5, 2001, Decided
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Overview: District court did not abuse its discretion when it found that a city could properly annex a lot by dividing it into one foot strips in order to meet the Annexation Act's contiguity requirements.

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In re Marriage of Foss, Court of Appeals No. 00CA0372, COURT OF APPEALS OF COLORADO, DIVISION A, July 5, 2001, Decided
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Overview: Mother's underemployment was not voluntary and was done to meet the special non-financial needs of the party's minor child, therefore imputation of income to mother was an abuse of the trial court's discretion.

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Mortgage Invs. Corp. v. Battle Mt. Corp., Court of Appeals No. 99CA2111, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 5, 2001, Decided
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Overview: The trial court erred in granting summary judgment in favor of the mortgagee and in striking the mortgagors' pleadings because the mortgagee's claim was not timely filed under the applicable statute of limitations.

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People ex rel. A.R.D., Court of Appeals No. 00CA0600, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 5, 2001, Decided
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Overview: Trial court did not err in finding that it had authority in a probate proceeding to address parenting time issues where the issues were incidental to its authority to appoint a guardian.

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People ex rel. Garner v. Garner, Court of Appeals No. 00CA1528, COURT OF APPEALS OF COLORADO, DIVISION THREE, July 5, 2001, Decided
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Overview: Appellate court lacked jurisdiction to hear an appeal from a magistrate where father sought review of denial of a motion for declaratory judgment relating to child support, but did not first seek review of that order by a district court judge.

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People v. Chavez, Court of Appeals No. 00CA1211, COURT OF APPEALS OF COLORADO, DIVISION THREE, July 5, 2001, Decided
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Overview: Where defendant was sentenced to community corrections, and later resentenced to DOC and three years of mandatory parole, his double jeopardy rights were not violated as he had no legitimate expectation in the finality of his original sentence.

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Singh v. Mortensun, Court of Appeals No. 00CA0737, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 5, 2001, Decided
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Overview: Trial court abused its discretion when it refused to set aside an entry of default against father who posted defamatory material on website where he provided good faith explanation for default and he had a potentially meritorious defense.

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Weston v. Cassata, Court of Appeals No. 99CA2449, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 5, 2001, Decided
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Overview: Welfare benefit recipients had a limited property right in continued receipt of benefits and were constitutionally entitled to procedural due process. Deficient sanction notices deprived plaintiffs of due process of law.

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People v. Cardwell, No. 00PDJ074, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 11, 2001, Decided
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People v. Cardwell, Case No.: 00PDJ074, Supreme Court of Colorado, Presiding Disciplinary Judge, July 11, 2001, Decided
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Overview: Attorney who did not disclose to judge taking client's DUI plea that another DUI case was pending in another county was suspended for 3 years, with 18 months suspended due to delay. Attorney's convictions established intent.

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