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   State Courts - Colorado - October 7, 2004

  
A. Tenenbaum & Co. v. Colantuno, Court of Appeals No. 03CA0528, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 7, 2004, Decided
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Overview: Trial court properly computed debtor's proportionate share on original judgment rather than by deducting amount paid to creditor by settling debtor; debtor's joint and several liability was severed, thus he was severally liable for his share of debt.

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Bush v. State Farm Mut. Auto. Ins. Co., Court of Appeals No.: 03CA1182, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 7, 2004, Decided
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Overview: Summary judgment in favor of the insurer, in the mother's action for declaratory judgment regarding the stacking of UM/UIM insurance coverage, was affirmed because there was no interpretation of the two policies that would allow stacking.

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Chase v. Farmers Ins. Exch., Court of Appeals No.: 03CA1301, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 7, 2004, Decided
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Overview: The trial court erred by granting the employer summary judgment in the claims adjusters' suit for the recovery of overtime compensation where the extent of the claims adjusters' independent judgment and discretion remained in dispute.

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Estate of Curry v. Farmers Ins. Exch., Court of Appeals No. 03CA0629, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 7, 2004, Decided
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Overview: "Other Insurance" provision of policies issued to insured's mother and stepfather provided direct UM/UIM coverages to the insured and did not prohibit the stacking of those policies with her own policy. Stacking was limited to one policy.

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Guar. Bank & Trust Co. v. LaSalle Nat'l Bank Ass'n, Court of Appeals No.: 03CA1309, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 7, 2004, Decided
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Overview: A grant of summary judgment against the guaranty in its action to quiet title and judicially foreclose its own deed of trust was proper, where the deed of trust provided constructive notice to the guaranty.

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Hibbs v. Colo. Dep't of Revenue, Court of Appeals No.: 03CA1369, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 7, 2004, Decided
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Overview: Officer's failure to have the report verified affected the reliability of the information on which the Department of Revenue made its license revocation determination, and the Department lacked jurisdiction to revoke the driver's operating license.

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Klinger v. Adams County Sch. Dist. No. 50, Court of Appeals No.: 03CA1754, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 7, 2004, Decided
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Overview: Trial court did not err in denying the teacher's motion for directed verdict, as the term "ordinary and necessary expenses" included salaries, as the regular duties of the district's employees were interrupted in order to find a replacement teacher.

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Lopez v. Montoya (In re Lopez), Court of Appeals No.: 03CA0824, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 7, 2004, Decided
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Overview: Trial court erred in ordering appellants to pay attorney fees because the sanctions were entirely punitive, as the sanctions could not be regarded as remedial when there was no indication that appellants had the ability to purge the contempt.

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People v. Allen, Court of Appeals No.: 02CA1061, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 7, 2004, Decided
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Overview: Defendant was properly adjudicated a habitual criminal based on his prior convictions for possession of a firearm by a felon, attempted possession of a controlled substance, eluding a police vehicle, and robbery. All were grave and serious offenses.

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People v. Baca, Court of Appeals No.: 02CA2036, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 7, 2004, Decided
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Overview: Evidence was sufficient to support a conclusion by a reasonable fact finder that defendant knowingly possessed cocaine, because the jury could properly infer that defendant knew the drugs were in the car he was driving.

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