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   State Courts - Colorado - November 18, 2004
  
In re Marriage of Lodeski, Court of Appeals No.: 04CA0515, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 18, 2004, Decided
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Overview: Husband was in contempt in failing to obey orders to pay wife share of military retirement pay, where he converted pension to disability benefits. Court had to find husband's present ability to comply, necessary for imposition of remedial sanctions.

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Osborn v. Packard, Court of Appeals No.: 03CA0679, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 18, 2004, Decided
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Overview: In a partnership dispute, trial court erred in interpreting an arbitrator's award and later clarifications because they were ambiguous and could not be resolved by the record, thus proper remedy was to remand to arbitrator for further clarification.

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Parr v. Triple L&J Corp., Court of Appeals Nos. 03CA0607 & 03CA0930, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 18, 2004, Decided
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Overview: The evidence was sufficient to show that the landlord was liable for intentional interference with a prospective business advantage, but the tenant's tort claims were barred by the economic loss rule, except her tort recovery for emotional distress.

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Pena v. Indus. Claim Appeals Office , Court of Appeals No.: 03CA0387, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 18, 2004, Decided
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Overview: A general penalty imposed by the administrative law judge on the employer and insurer was proper, where the relevant statute did not specifically provide a penalty for the insurer's failure to provide treatment.

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People v. Delci, Court of Appeals No.: 02CA0515, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 18, 2004, Decided
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Overview: In defendant's appeal of burglary and assault convictions, offenses merged because burglary required predicate offense of assault; however, burglary conviction was vacated and assault conviction retained to maximize jury's verdict.

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People v. Gentry, Court of Appeals No.: 03CA1291, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 18, 2004, Decided
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Overview: Trial court properly forfeited real property to the State; intervenors' deeds of trust were subject to State's rights in the property as the intervenors were aware of the State's forfeiture action when they recorded deeds of trust to the property.

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People v. Hall, Court of Appeals No.: 03CA0355, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 18, 2004, Decided
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Overview: In a trial for vehicular homicide where the identity of the driver was at issue, the court committed harmless error by excluding evidence that could have been used to impeach a witness. All of the passengers testified that defendant was the driver.

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People v. Sa'ra, Court of Appeals No.: 02CA2146, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 18, 2004, Decided
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Overview: Trial court did not err in omitting "extended limits" language from a jury instruction setting forth elements of escape, where instructions instructed jury on the crime of escape from intensive supervised parole (ISP) and tracked pattern instruction.

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USF Distrib. Servs. v. Indus. Claim Appeals Office, Court of Appeals No.: 04CA0044, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 18, 2004, Decided
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Overview: Administrative law judge did not err in awarding workers' compensation benefits to an injured truck driver who contracted with the employer, as the accident insurance policy the driver obtained via the employer did not provide sufficient coverage.

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Vista Resorts, Inc. v. Goodyear Tire & Rubber Co., Court of Appeals No.: 02CA1690, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 18, 2004, Decided
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Overview: Protection of public was rational basis for mandatory treble damages awarded to home builder under Colorado Consumer Protection Act, and prior complaints about defective rubber hoses were relevant to rubber company's wilfulness and punitive damages.

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