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| Bruce v. City of Colo. Springs, Court of Appeals No.: 04CA1572,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 15, 2005, Decided
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Overview: Summary judgment for city was affirmed because fees required under two city ordinances were not taxes, so TABOR was inapplicable.
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| Glover v. State, Court of Appeals No. 04CA2171,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 15, 2005, Decided
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Overview: A finding against the inmate in his action challenging cigarette distribution policies was proper where he failed to exhaust his administrative remedies as required by Colo. Rev. Stat. ¿ 13-17.5-102.3 (2005).
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| McGee v. Hardina, Court of Appeals No.: 04CA1358,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 15, 2005, Decided
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Overview: Trial court properly granted summary judgment under Colo. R. Civ. P. 56 in favor of girlfriend because her move to Arizona did not constitute an effort to conceal herself in an effort to avoid service, and two year statute of limitations for the filing of the boyfriend's complaint for conversion under Colo. Rev. Stat. ¿ 13-80-108 was not tolled.
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| Morales v. Golston, Court of Appeals No.: 03CA2197,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 15, 2005, Decided
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Overview: Verdicts that found driver negligent on daughter's personal injury and wrongful death claims, but that driver did not cause mother's death were not inconsistent or unsupported by evidence because her death could have been caused by her position in the car and the force of the impact; thus driver was not the "but for" cause of the mother's death.
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| Mt. Ranch Corp. v. Amalgam Enters., Court of Appeals No.: 04CA0931,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 15, 2005, Decided
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Overview: In a breach of contract case, the subcontractor's foreclosure claim was untimely and extinguished as a matter of law as its request for foreclosure on the bond in its summary judgment motion was made three years after the initiation of the suit and did not fall within any of the six-month periods allowed under Colo. Rev. Stat. ¿¿ 38-22-110, -133.
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| People ex rel. M.S. , Court of Appeals No. 05CA1428,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 15, 2005, Decided
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Overview: Appellate court affirmed the termination of a father's parental rights under Colo. Rev. Stat. ¿¿19-3-604(1)(c) as the father could not object to the adequacy of a parenting plan at a termination hearing when he acquiesced to it at a dependency hearing one year before.
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| People ex rel. T.T. , Court of Appeals No. 05CA0241,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 15, 2005, Decided
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Overview: Appellate court affirmed the adjudication of the mother's infant and older child pursuant to Colo. Rev. Stat ¿ 19-3-102 as the mother used drugs during her pregnancy with the infant, and the mother's neglect there could be considered in determining whether the older child was dependent or neglected.
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| People v. Ramirez, Court of Appeals No.: 03CA1741,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 15, 2005, Decided
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Overview: Enhanced sentence for kidnapping under Colo. Rev. Stat. ¿ 18-1.3-401(9) (2005) was affirmed because sentence was enhanced because defendant committed kidnapping while on bond for a felony for which he was convicted; because prior felony was event triggering enhanced sentencing, enhancement fell within prior conviction exception to Apprendi.
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| Schupper v. Smith, Court of Appeals No.: 03CA1963,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 15, 2005, Decided
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Overview: Petitioner, who was charged with a criminal offense, sought special prosecutor's appointment to prosecute other defendants; however, trial court properly ruled for attorney because Colo. Rev. Stat. ¿ 16-5-209 had eliminated right to discovery and a hearing, and trial court complied with statute by having prosecutor appear and explain.
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| Waneka v. Clyncke, Court of Appeals No.: 04CA0811,
COURT OF APPEALS OF COLORADO, DIVISION ONE, December 15, 2005, Decided
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Overview: Judgment for riding stable owners was reversed as under Colo. Rev. Stat. ¿ 13-21-119 professional who provided animal remained subject to common law liability if professional failed to inquire into participant's ability safely either to manage horse or to engage in activity; trial court's instruction to the contrary constituted reversible error.
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