Legal Opinion

Lopez v. Montoya

Colorado Court of Appeals

Decided October 7, 2004No. 03CA0824PublishedCited by 6 opinions

1Opinion of the CourtRussel, J.

Victor Montoya and Lynn Smith appeal the trial court’s order holding them in contempt of court and imposing sanctions, including attorney fees. We affirm the order of contempt and vacate the award of attorney fees.

I. Background

In 2002, Roger Lopez filed a petition in the trial court seeking to become the guardian and conservator of his father, Donald M. Lopez. Pursuant to § 15-14-305, C.R.S. 2003, the court registrar appointed a visitor to investigate and report on the need for a guardian or conservator.

Smith was Donald Lopez’s caseworker at the Adams County Department of Social Services.…

2Cases cited8 opinions

  1. Bloom v. IllinoisSupreme Court of the United States · 1968
  2. In Re the Marriage of NussbeckSupreme Court of Colorado · 1999
  3. Denver Ass'n for Retarded Children, Inc. v. School District No. 1Supreme Court of Colorado · 1975
  4. In Re the Estate of ElliottSupreme Court of Colorado · 2000
  5. Van Alstyne v. Housing Authority of PuebloColorado Court of Appeals · 1999

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3Cited by6 opinions

  1. People v. ShellSupreme Court of Colorado · 2006
  2. People v. McGlottenColorado Court of Appeals · 2005
  3. Hartsel Springs Ranch of Colorado, Inc. v. Cross Slash Ranch, LLCColorado Court of Appeals · 2007
  4. In Re the Marriage of Sanchez-VigilColorado Court of Appeals · 2006
  5. In re Marriage of JanuaryColorado Court of Appeals · 2019

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