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   State Courts - Colorado - November 7, 2002

  
Booth v. Univ. of Colo., Court of Appeals No. 01CA1577, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 7, 2002, Decided
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Overview: A finding in favor of a student in her action for injuries against a university was proper, where the dry erase board, as situated, constituted an unreasonable risk to the health and safety of the public.

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Coe v. Crady Davis Corp., Court of Appeals No. 01CA2353, COURT OF APPEALS OF COLORADO, DIVISION ONE, November 7, 2002, Decided
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Overview: A provision in a sales contract regarding the fee-shifting of costs to the prevailing party in litigation did not merge into a deed at closing because the provision did not pertain to title, possession, quantity, or emblements of the land.

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Colo. Dep't of Pub. Health & Env't v. Bethell, Court of Appeals No. 01CA1944, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 7, 2002, Decided
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Overview: Summary judgment against the facility and the assessed penalty was affirmed, as facility was subject to the financial assurance requirement, and it did not dispute that it failed to provide financial assurance in response to a compliance order.

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Ellis v. Town of Estes Park, Court of Appeals No. 01CA2236, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 7, 2002, Decided
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Overview: Denial of the motion to dismiss claims brought by the pedestrian against the Town of Estes Park for negligence and loss of consortium was affirmed, as electrical vault located on private property constituted a "public electrical facility."

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In re Marriage of Buck, Court of Appeals No. 02CA0960, COURT OF APPEALS OF COLORADO, DIVISION A, November 7, 2002, Decided
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Overview: Because a wife's motion to correct a judgment in a dissolution of marriage case did not extend the time allowed for filing a notice of appeal, a husband's appeal from the original decree was dismissed as untimely.

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In re Marriage of Glenn, Court of Appeals No. 01CA1945, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 7, 2002, Decided
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Overview: Modification of child support based on the father's receipt of capital gains was reversed and remanded when the trial court was obligated to consider the ordinary and necessary expenses incurred by the father to sell the property.

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Lamb v. Geico Gen. Ins. Co., Court of Appeals No. 01CA2544, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 7, 2002, Decided
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Overview: The judgment finding the insured entitled to PIP coverage under her automobile policy for a motorcycle accident was reversed and remanded, as motorcycles fell within the statutory exceptions to mandatory PIP coverage under the No-Fault Act.

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People ex rel. J.M.B., Court of Appeals Nos. 01CA2519 & 01CA2554, COURT OF APPEALS OF COLORADO, DIVISION FOUR, November 7, 2002, Decided
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Overview: The juvenile court's findings conformed to the statutory termination criteria and were supported by the record; nothing short of termination was in the child's best interests.

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People v. Baird, Court of Appeals No. 99CA2221, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 7, 2002, Decided
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Overview: Defendant's conviction for first-degree assault with extreme indifference was improper, where there was only one victim and one act.

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People v. Cass, Court of Appeals No. 01CA0932, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 7, 2002, Decided
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Overview: A court did not err by finding that defendant's speedy trial rights were not violated in his forgery case where defendant was allowed to withdraw a guilty plea for impossibility of performance because that issue was irrelevant to the analysis.

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