Legal Opinion

DiMarco v. Department of Revenue of the State, Motor Vehicle Division

Colorado Court of Appeals

Decided July 29, 1993No. 92CA1111PublishedCited by 17 opinions

1Opinion of the Court

Opinion by

Judge CRISWELL.

The Department of Revenue (Department) appeals from a district court judgment vacating the Department’s orders that both suspended and revoked the driver’s license of plaintiff, Pete Cymon DiMarco. The central issue presented is whether the 60-day time limit for holding a hearing under § 42-2-123(12), C.R.S. (1992 Cum. Supp.) is jurisdictional. We hold that this time limit is not jurisdictional, and therefore, we reverse the district court’s judgment. However, we remand the cause to that court with directions to remand the matter to the Department for a new hearing.

The…

2Cases cited12 opinions

  1. People v. District Court, Second Judicial DistrictSupreme Court of Colorado · 1986
  2. Danielson v. Castle Meadows, Inc.Supreme Court of Colorado · 1990
  3. Taylor v. Department of TransportationSupreme Court of Iowa · 1977
  4. People ex rel. Johnson v. EarlSupreme Court of Colorado · 1908
  5. In Re Application of RosewellIllinois Supreme Court · 1983

7 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Pearson v. District Court, Eighteenth Judicial District, County of ArapahoeSupreme Court of Colorado · 1996
  2. McKenna v. WitteSupreme Court of Colorado · 2015
  3. People v. BoydColorado Court of Appeals · 2015
  4. People v. DurapauColorado Court of Appeals · 2011
  5. AVIADO v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2009

12 more not listed; retrieve them via the Exa API.

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