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Colorado Supreme Court Opinions || August 29, 2011

Colorado Supreme Court -- August 29, 2011
Announcement Sheet

OPINIONS

NONE


PETITIONS FOR REHEARING

NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 10SC814

Court of Appeals Case No. 09CA223

Petitioner:

Robert "Tim" Maloney,

v.

Respondent:

Michael Brassfield.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC49

Grand County District Court Case No. 09CV152

Petitioner:

Kevin C. McCauley,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC60

Court of Appeals Case No. 09CA2177

Petitioners:

Karen K. Rovenstine, Delores Baca, Ronald L. Vialpando, Juanita I. DeHerrera, David Campbell, and Rhonda Batson,

v.

Respondents:

American Family Mutual Insurance Company, a Wisconsin corporation, and American Standard Insurance Company of Wisconsin, a Wisconsin corporation.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC139

Court of Appeals Case No. 08CA1811

Petitioner:

Dennis Sisson,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC142

Court of Appeals Case No. 09CA534

Petitioner/Cross-Respondent:

The People of the State of Colorado,

v.

Respondent/Cross-Petitioner: David Zukowski.

Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE EID would grant as to the following issue:

Whether the court of appeals erroneously held that the trial court’s instruction directly quoting from this court’s decisions in People v. McNeese, 892 P.2d 304 (Colo. 1995), and People v. Janes, 982 P.2d 300, 301 (Colo. 1999), warrants reversal.


No. 11SC214

Court of Appeals Case No. 08CA1124

Petitioner:

Phillip Edward Castro,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC265

Court of Appeals Case No. 09CCA788

Petitioners:

Melat, Pressman & Higbie, L.L.P., f/k/a Melat, Pressman, Ezell & Higbie, L.L.P.; and Howarth & Smith,

v.

Respondent:

The Hannon Law Firm, L.L.C., f/k/a The Law Firm of Kevin S. Hannon, L.L.C., f/k/a The Law Firm of Kevin S. Hannon.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:

Whether the court of appeals erred in holding that when an attorney withdraws from a contingent fee case, the attorney’s quantum meruit claim does not accrue until there is a recovery in the underlying lawsuit.

Whether the court of appeals erred in holding that, when a withdrawing attorney is barred from recovering quantum meruit from the client, the attorney may nevertheless recover quantum meruit from former co-counsel.

DENIED AS TO ALL OTHER ISSUES.


No. 11SC321

Court of Appeals Case No. 10CA656

Petitioners:

James A. Baker and Susanne B. Baker,

v.

Respondents:

Sari S. Escovitz and William H. Escovitz.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE EID would grant as to the following issue:

Whether the court of appeals erred in affirming the trial court’s awarding of costs to respondents pursuant to C.R.S. section 13-17-202 because their settlement offer contained non-monetary conditions.


No. 11SC394

Court of Appeals Case No. 09CA1043

Petitioner:

Jeremie Paul Boling,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.

Colorado Supreme Court Opinions || August 29, 2011

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