McDonald v. Zions First National Bank, N.A. (2015) Plaintiff (McDonald) appeals the partial summary judgment in favor of defendant (Zions) from a contractual dispute involving a construction loan agreement that dismissed his claims for breach of contract and breach of an implied covenant of good faith and fair dealing. JUDGMENT AND ORDER AFFIRMED (Joseph A. Murr, Daniel R. Delaney and Maris S. Davies for Defendant-Appellee).
Ferguson Enterprises v. Keybuild Solutions. (2011) In this mechanics’ lien foreclosure action involving the priority of liens relative to a deed of trust, defendant Colorado Community Bank (CCB) appeals the summary judgment in favor of the lien claimants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS (Joseph A. Murr and Daniel R. Delaney for Defendant-Appellee, CCB).
Marquardt v. Perry. (2008) In this case involving the purported guarantee of an investment, defendant (Perry) appeals the judgment following a bench trial in favor of plaintiff (Marquardt) on her claim for promissory estoppel. JUDGMENT AFFIRMED (Joseph A. Murr and Daniel R. Delaney for Plaintiff-Appellee).
Consumer Crusade v. Clarion Mortgage. (2008) In this action brought under the Telephone Consumer Protection Act (TCPA), 47 U. S. C. § 227 (2007), plaintiff (Consumer), appeals the district court’s judgment dismissing its claims against defendant (Clarion) and its order awarding Clarion approximately $68,400 in attorney fees and costs. JUDGMENT AND ORDER AFFIRMED (Eric P. Accomazzo for Defendant-Appellee).
Green Tree Servicing v. U.S. Bank. (2007) Plaintiff (Green Tree) appeals the trial court’s judgment in favor of defendants (US Bank and United Investors Corp). The court declined to void a deed of trust in favor of US Bank or to set aside the public trustee’s foreclosure sale, under the equitable remedy of equitable subrogation. JUDGMENT AFFIRMED (Joseph A. Murr and Daniel R. Delaney for Defendant-Appellee, United Investors Corp.).
Shotkoski v. Denver Investment Group Inc. (2006) In this breach of contract action, defendants, Denver Investment Group, Inc. (DIG); Gary Clark; Zone 913, Inc.; and Victoria Thomas (collectively defendants) appeal the trial court’s order denying their motion to compel plaintiffs, Adam and Anita Shotkoski, to arbitrate their claims. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS (Joseph A. Murr for Defendant-Appellants).
Arvada Urban Renewal Authority v. Columbine. (2004) Urban renewal case considering the scope of an urban renewal authority’s condemnation power under Colorado’s Urban Renewal Law, §§ 31-25-101 to -115, 9 C.R.S. (2003). JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS (Joseph A. Murr for Respondent W.S.A.).