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   State Courts - Colorado - September 11, 2003

  
Bradshaw v. Cherry Creek Sch. Dist. No. 5, Court of Appeals No. 02CA0940, COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 11, 2003, Decided
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Overview: Summary judgment was properly granted in favor of the school district and board of education where a child was not wrongfully denied reenrollment at a school as a nonresident; resident programs were beyond capacity to accept nonresidents.

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City of Westminster v. Centric-Jones Constructors, Court of Appeals Nos. 01CA0502 & 02CA0602, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 11, 2003, Decided
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Overview: Trial court did not err in granting summary judgment in favor of defendants where city had failed to present reasonable basis on which jury could apportion damages based on benefit of city's bargain with the contractor or contractor's breaches.

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Crawford v. Melby, Court of Appeals No. 02CA1724, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 11, 2003, Decided
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Overview: Demand of a civil jury trial with untimely fee payment was waiver of the right, which was reinstated only conditionally by defendants' request; therefore, when defendants withdrew request, plaintiff no longer had a right to insist on a jury trial.

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In re Lafaye, Court of Appeals No. 01CA1210, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 11, 2003, Decided
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Overview: In a divorce action, the trial court did not abuse its discretion by refusing to enforce a post-nuptial agreement, limiting the wife's maintenance to seven years, awarding the husband tax losses, and ordering the expedited sale of the residence.

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Jiminez v. Indus. Claim Appeals Office, Court of Appeals No. 02CA2283, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 11, 2003, Decided
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Overview: Denial of the workers' compensation claimant's action for penalties was affirmed because the record did not compel the conclusion that because the insurer failed to brief the benefits issue, the appeal of that issue was taken in bad faith.

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Langlois v. Bd. of County Comm'rs of El Paso, Court of Appeals No. 02CA0607, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 11, 2003, Decided
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Overview: In landowners' action related to flooding from a drainage culvert, sovereign immunity barred trespass and nuisance claims against the county. A permanent injunction should not have been granted because the landowners were not successful on merits.

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Mosley v. Indus. Claim Appeals Office, Court of Appeals No. 02CA1788, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 11, 2003, Decided
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Overview: On review, the order of the Industrial Claim Appeals Office, Colorado, determining an injured worker's permanent medical impairment was affirmed. The worker was entitled to attorney fees on appeal.

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People v. Simonds, Court of Appeals No. 02CA1271, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 11, 2003, Decided
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Overview: The trial court did not have jurisdiction to revoke or extend defendant's deferred judgment outside the four-year statutory period.

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People v. Stansberry, Court of Appeals No. 02CA0102, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 11, 2003, Decided
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Overview: Defendant who displayed an altered and stolen temporary plate in the rear window of his own car was convicted for forgery. He was not prosecuted for the less serious offense of displaying an altered motor vehicle registration number plate.

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Velasquez v. Dep't of Higher Educ., Court of Appeals No. 02CA1740, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 11, 2003, Decided
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Overview: A discharge for job abolishment did not implicate state constitutional protections that applied in disciplinary context; therefore, state college employee had the burden of showing that there was funding. The layoff matrix was properly established.

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