Colorado, August, 2004, State Case law

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State Courts - Colorado - August 12, 2004

Bolser v. Bd. of Comm'rs for Gilpin, Court of Appeals No.: 03CA0178, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 12, 2004, Decided
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Overview: County treasurer was grantor of disputed property and had no reason to reserve the underlying fee to itself or the property owners, the delinquent taxpayers; deed transferred land subject to existing easements that had already been transferred.

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City & County of Denver v. Indus. Claim Appeals Office , Court of Appeals No. 03CA0804, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 12, 2004, Decided
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Overview: The Industrial Claim Appeals Office correctly determined that claimant was not confined in a jail while serving a community corrections sentence and was not barred from receiving workers' compensation benefits.

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Denver Post Corp. v. Cook, Court of Appeals No.: 02CA1327, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 12, 2004, Announced
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Overview: The refusal to permit a newspaper to review recording seized from two killers' homes was improper where the recordings were public records and the trial court needed to determine whether they were exempt from disclosure.

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Employment Television Enters. v. Barocas, Court of Appeals No.: 02CA0216, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 12, 2004, Decided
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Overview: A finding that the company and individual breached a license agreement was improper, where there was no evidence that they intended to devalue the trademark in question. Further, there was no likelihood of confusion.

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Griffin v. State Farm Fire & Cas. Co., Court of Appeals No.: 03CA0537, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 12, 2004, Decided
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Overview: The insurer's delivery to the customer of a partially completed application for insurance was not an offer of insurance rather than an invitation for an offer; the insurer did not intend to be bound upon the execution of the application.

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Hensley v. Tri-QSI Denver Corp., Court of Appeals No. 03CA0915, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 12, 2004, Decided
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Overview: In an employee's suit against his former employer, the trial court erred by not limiting the employer's punitive damages award on its breach of fiduciary duty counterclaim, as no damages could be recovered on its contract breach claim.

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Hicks v. Londre, Court of Appeals No. 03CA1396, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 12, 2004, Decided
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Overview: Property owners, although not mortgagees of the property, and bank, although not the original mortgagee, could rely on doctrine of equitable subrogation against creditor; their interests should be equitably subrogated to the priority position.

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In re R.G.B., Court of Appeals No. 03CA1428, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 12, 2004, Decided
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Overview: The requirement that the magistrate inform the parties of their right to a hearing before a judge in the first instance was mandatory, and because the father was never advised of that right, the termination of his parental rights was error.

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In the Interest of A.P.H., Court of Appeals No. 03CA2027, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 12, 2004, Decided
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Overview: Magistrate's failure to advise the mother of her right to a hearing before a judge required reversal of the order modifying the parties' parental responsibilities to their child.

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Nededog v. Colo. Dep't of Health Care Policy, Court of Appeals No. 03CA1005, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 12, 2004, Decided
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Overview: Patient's recovery of erroneous Medicaid payments did not constitute an invalid, pre-notice termination of benefits; county was not precluded from recovering benefits to which patient was not entitled and which was paid erroneously.

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