Legal Opinion · Dissent

In re the Marriage of Cargill

Supreme Court of Colorado

Decided January 11, 1993No. 91SC738Published

1DissentJustice Erickson

I respectfully dissent from the majority opinion reversing the decision of the court of appeals in In re the Marriage of Cargill and Rollins, 826 P.2d 387 (Colo.App.1991). I do not agree with the majority’s interpretation of section 14-10-122(2), 6B C.R.S. (1987),1 and disagree with the majority’s conclusion that the General Assembly intended “remarriage” to mean the status of marriage. Maj. op. at 1339.

The majority’s analysis conflicts with the clear legislative intent of section 14-10-104, 6B C.R.S. (1987), which states that “[tjhis article shall be so applied and construed as to effectuate…

2Cases cited30 opinions

  1. Farmers Group, Inc. v. WilliamsSupreme Court of Colorado · 1991
  2. People v. TerrySupreme Court of Colorado · 1990
  3. Woodsmall v. Regional Transportation DistrictSupreme Court of Colorado · 1990
  4. Gaines v. JacobsenNew York Court of Appeals · 1954
  5. M.S. v. PeopleSupreme Court of Colorado · 1991

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