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| Colo. Korean Ass'n v. Korean Senior Ass'n of Colo., Court of Appeals No. 05CA0145,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 16, 2006, Decided
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Overview: County was not an indispensable party to plaintiff community association's partition action by virtue of its tax lien on the property at issue because defendant senior association did not timely challenge the notice of valuation for the subject year and lost its right to seek adjustment of the valuation.
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| Darien v. Town of Marble, Court of Appeals No. 05CA0587,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 16, 2006, Decided
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Overview: Defendant town violated the Open Meetings Laws, Colo. Rev. Stat. § 24-6-401 et seq. (2006), by not including specific agenda information regarding defendant town board of trustees' decision not to undertake a construction project at a town park; the word "update" in the meeting notice provided no basis for the public to infer a final vote.
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| Espinosa v. Perez, Court of Appeals No. 04CA1939,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 16, 2006, Decided
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Overview: Because decedent was survived by a biological child, decedent's mother had no standing to bring claim under Colorado's Wrongful Death Act because an heir under the Act did not include parents in such a case. The child could not assign his claim to decedent's mother, and amendment to add child did not relate back for statute of limitations purposes.
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| Evans v. Dep't of Revenue, Court of Appeals No. 05CA1797,
COURT OF APPEALS OF COLORADO, November 16, 2006, Decided
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Overview: The decision of a district court affirming the Colorado Department of Revenue's revocation of a driver's license was affirmed because the driver's due process rights and equal protection rights were not violated by Colo. Rev. Stat. § 42-4-1301.1 (2006), and the statute was not unconstitutionally vague.
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| GMAC Mortg. Corp. v. PWI Group, Court of Appeals No. 05CA0982,
COURT OF APPEALS OF COLORADO, DIVISION THREE, November 16, 2006, Decided
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Overview: A district court's grant of judgment in favor of a creditor was reversed, and the case was remanded because a holding company's deed of trust securing the creditor's loan was a spurious document pursuant to Colo. Rev. Stat. § 38-35-201(3) (2006).
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| In re Marriage of Sanchez-Vigil, Court of Appeals No. 05CA0535,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 16, 2006, Decided
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Overview: A former wife was entitled to recover attorney fees and costs when she sought to hold her former husband in contempt under Colo. R. Civ. P. 107(a)(4) for failing to comply with separation agreement that provided that prevailing party was entitled to recover the fees and costs and wife was the prevailing party when the husband was held in contempt.
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| In the Interest of K.L.O-V., Court of Appeals No. 05CA2214,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 16, 2006, Decided
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Overview: In a paternity case, a Colo. R. Civ. P. 24 motion to intervene to assert a grandparent visitation claim per Colo. Rev. Stat. § 19-1-117 (2006) was properly denied as no unconditional right to intervene was conferred by § 19-1-117 and Colo. R. Civ. P. 24(a)(2), (b)(2) intervention was not appropriate, especially as she could file a separate action.
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| Jenner v. Ortiz, Court of Appeals No. 05CA2131,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 16, 2006, Decided
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Overview: A state inmate's claim that the Colorado Department of Corrections illegally increased his sentence by applying Colo. Rev. Stat. § 17-22.5-403(2)(a) and (3) in calculating his parole eligibility date failed since, under Colo. Rev. Stat. §§ 17-2-207(3) and 17-22.5-402(1), when he was released on parole he had still not served the sentence imposed.
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| Pearson v. Kancilia, Court of Appeals No.: 04CA2539,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 16, 2006, Decided
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Overview: Creditors sought to have judgments excepted from discharge in the bankruptcy proceeding pursuant to 11 U.S.C.S. § 523(a)(6). Insurance disability benefits were not protected from garnishment following close of bankruptcy proceedings because to hold otherwise would make pre-petition creditor a second-class creditor in post-bankruptcy period.
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| People ex rel. J.C.P., Court of Appeals No. 05CA1955,
COURT OF APPEALS OF COLORADO, DIVISION TWO, November 16, 2006, Decided
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Overview: A juvenile defendant's sentence was affirmed because a district court's determination he was a mandatory sentence offender under Colo. Rev. Stat. § 19-2-516(1)(a)(I) and (b)(I) (2006) was correct even though the delinquent act at issue occurred before his two previous adjudications as a juvenile delinquent.
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