74 P.3d
Volume 74 — Pacific Reporter, Third Series
93 opinions
- 74 P.3d 1Beach v. Beach (2003)
No. 02SC166 — <underline>Beach v. Beach: Real Property — Partition</underline><underline>— Life Estates — Future Interests — Remainders</underline> In this property dispute between a mother and daughter, the daughter offered her parents the option of building an addition to her home where they could live for the rest of their lives. In return, the parents agreed that the daughter would acquire the addition, at no cost, upon their deaths. After the father's death, the relationship between the mother and daughter deteriorated and the mother sued the daughter to partition her interest in the addition from the daughter's property interests. The trial court found that the mother held a limited life estate in the addition and that the daughter held the remainder interest. The court then denied partition, holding that the mother impliedly waived any partition rights when she entered into the contract. The court of appeals reversed, holding that section <cross_reference>38-28-101</cross_reference>, 10 C.R.S. (2002), allows partition between a life estate and successive, non-concurrent remainder interest, and that the mother had not impliedly waived her partition rights. The supreme court reverses the court of appeals and holds that section<cross_reference>38-28-101</cross_reference> does not abrogate the common law rule that a life estate interest cannot be partitioned from a successive, non-concurrent remainder interest in the same property. Therefore, as a matter of law, the mother cannot partition her life estate in the addition from the daughter's remainder interest in the addition.
- 74 P.3d 111Judicial Ethics Advisory Panel (2003)
- 74 P.3d 115Glaubach v. Regence Blueshield (2003)
- 74 P.3d 119State v. DeVincentis (2003)
- 74 P.3d 129In Re Marriage of Chumbley (2003)
- 74 P.3d 134In Re Roach (2003)
- 74 P.3d 140NORTH PACIFIC UNION CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS v. Clark County (2003)
- 74 P.3d 147State v. Haws (2003)
- 74 P.3d 191Therchik v. Grant Aviation, Inc. (2003)
- 74 P.3d 201Alaska Wildlife Alliance v. State (2003)
- 74 P.3d 209Kiokun v. State, Department of Public Safety (2003)
- 74 P.3d 219Cruz-Reyes v. State (2003)
- 74 P.3d 225Vaska v. State (2003)
- 74 P.3d 294Cyprus Amax Minerals Co. v. Lexington Insurance Co. (2003)
- 74 P.3d 308Franklin Bank, N.A. v. Bowling (2003)
- 74 P.3d 316People v. Martinez (2003)
- 74 P.3d 326People v. Perea (2002)
- 74 P.3d 336People v. Clouse (2002)
- 74 P.3d 342In Re the Custody of C.M. (2003)
- 74 P.3d 347Integra Financial, Inc. v. Grynberg Petroleum Co. (2002)
- 74 P.3d 349People v. Johnson (2002)
- 74 P.3d 357People v. Franco (2002)
- 74 P.3d 360People v. Fry (2003)
- 74 P.3d 371John R. Behrmann Revocable Trust v. Szaloczi (2003)
- 74 P.3d 376People v. Kitsmiller (2002)
- 74 P.3d 380Dufficy & Sons, Inc. v. BRW, Inc. (2003)
- 74 P.3d 385People v. Scofield (2002)
- 74 P.3d 387People v. Strean (2002)
- 74 P.3d 396People v. Taylor (2003)
- 74 P.3d 401Board of County Commissioners v. Kobobel (2002)
- 74 P.3d 409Morrison v. Goff (2003)
- 74 P.3d 413Wallbank v. Rothenberg (2003)
- 74 P.3d 421People v. Klausner (2003)
- 74 P.3d 427Baum v. Town of Frisco (2003)
- 74 P.3d 429People v. Arapahoe County Court (2003)
- 74 P.3d 431People v. Phong Le (2003)
- 74 P.3d 437People v. Robles (2003)
- 74 P.3d 440People v. Devine (2003)
- 74 P.3d 444People v. Barber (2003)
- 74 P.3d 447State, Department of Natural Resources, Wildlife Commission v. Cyphers (2003)
- 74 P.3d 451Anstine v. Churchman (2003)
- 74 P.3d 454People v. McDaniel (2003)
- 74 P.3d 457Canterbury v. Kovacich (2003)
- 74 P.3d 459Hall v. Industrial Claim Appeals Office (2003)
- 74 P.3d 462Black v. Southwestern Water Conservation District (2003)
- 74 P.3d 473People v. Clay (2003)
- 74 P.3d 475People ex rel. J.M. (2003)
- 74 P.3d 478Elston v. Union Pacific Railroad (2003)
- 74 P.3d 489People v. Chamberlin (2003)
- 74 P.3d 491Castle Rock Construction Co. v. Department of Transportation (2003)
- 74 P.3d 494People Ex Rel. H. (2003)
- 74 P.3d 497People in Interest of AW (2003)
- 74 P.3d 497People ex rel. A.W. (2003)
- 74 P.3d 499Wheeler v. T.L. Roofing, Inc. (2003)
- 74 P.3d 506In Re Marriage of Phelps and Robinson (2003)
- 74 P.3d 510University of Colorado v. Industrial Claim Appeals Office (2003)
- 74 P.3d 513CF & I Steel, L.P. v. United Steel Workers of America (2003)
- 74 P.3d 516EZ Building Components Mfg., LLC v. Industrial Claim Appeals Office (2003)
- 74 P.3d 519People v. Clifton (2003)
- 74 P.3d 521Walker-Lawrence v. District Court (2003)
- 74 P.3d 523In re the Estate of Santarelli (2003)
- 74 P.3d 526Goodwin v. Thieman (2003)
- 74 P.3d 529Wimmershoff v. Finger (2003)
- 74 P.3d 531People v. Cozier (2003)
- 74 P.3d 552People v. Clough (2003)
- 74 P.3d 566People v. Smith (2003)
- 74 P.3d 601Pickens v. State (2003)
- 74 P.3d 605Eller v. County of Pittsburg (2003)
- 74 P.3d 608State ex rel. Department of Human Services ex rel. Smith v. Vigil (2003)
- 74 P.3d 623McCown v. State ex rel. Department of Public Safety (2003)
- 74 P.3d 642State v. Tarabochia (2003)
- 74 P.3d 648Torina Fine Homes, Inc. v. Mutual of Enumclaw Ins. Co. (2003)
- 74 P.3d 653Stevens v. Gordon (2003)
- 74 P.3d 672State v. Huested (2003)
- 74 P.3d 674In Re Custody of SHB (2003)
- 74 P.3d 686State v. David (2003)
- 74 P.3d 692In Re Marriage of Tomsovic (2003)
- 74 P.3d 881Alaska State Employees Ass'n/AFSCME Local 52 v. State (2003)
- 74 P.3d 889Grinols v. State (2003)
- 74 P.3d 896Sherry R. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003)
- 74 P.3d 903McElroy v. Kennedy (2003)
- 74 P.3d 910Teseniar v. Spicer (2003)
- 74 P.3d 918Vukmir v. Vukmir (2003)
- 74 P.3d 922State v. Dupier (2003)
- 74 P.3d 932State v. Canez (2003)
- 74 P.3d 969People v. Andrews (2003)
- 74 P.3d 1176State v. Despain (2003)
- 74 P.3d 1189In Re Forbis (2003)
- 74 P.3d 1194In Re Turay (2003)
- 74 P.3d 1205State v. Ziegenfuss (2003)
- 74 P.3d 1208State v. Roberson (2003)
- 74 P.3d 1215State v. Turner (2003)
- 74 P.3d 1240DeShazer v. State (2003)