Staying Professional by Michael L. McCormick

Montgomery Little & Soran, PC attorney Michael R. McCormick's article,  Staying Professional ~ By Michael R. McCormick  was published in the Denver Bar Association Docket on April 28, 2016.  CLICK HERE TO READ THE ARTICLE
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2445 Hits

Court of Appeals affirms judgment in tax lien case preserving client’s mineral rights

In a recent case decided by the Colorado Court of Appeals, and argued by Fred Skillern, the court affirmed the trial judge’s ruling in our client’s favor that a tax deed issued to a surface owner of land for which our client owned a portion of the underlying mineral rights was both voidable and void for failure to give proper notice to all owners of the mineral rights in question....
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2897 Hits

David Little Receives Award of Merit

On January 8, 2016, David Little received the Award of Merit from the Colorado Bar Association. This recognition, the CBA’s highest award, is given to a member of the association for outstanding service to the association, contribution to the legal profession, the advancement of the administration of justice, and personal service to the community. Dave Little was also honored for his dedication to improving the legal profession. Montgomery Little &...
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2925 Hits

Child Visitation Rights

Colorado courts must the best interest and well-being of children when parenting time issues are at hand. One of the top priorities of the court is to ensure a child has regular contact with both parents, so long as it is safe, in instances when only one parent has custody. This contact is officially known as visitation. Visitation can create a great deal of turmoil in a divorce proceeding and...
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3367 Hits

What Happens when an Order of Protection is Violated?

Domestic abuse accusations are taken seriously by the Colorado court system. Violating an order of protection is a class 2 misdemeanor and is punishable by three months to one year in jail, as well as fines ranging from $250 to $1,000. Violation occurs when someone has been served with a protection order and disobeys it by contacting or coming within the specified distance of the person or persons being protected....
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3248 Hits

The New Proportionality Standard Under Rule 26(b)(1) or Is It New?

In 2015, the Colorado Supreme Court considered significant changes to the Colorado Rules of Civil Procedure. The Court considered and adopted one change to the scope of discovery under C.R.C.P. 26(b)(1) that defines the scope of discovery as: …any matter, not privileged, that is relevant to the claim or defense of any party and proportional to the needs of the case, considering the importance of the issues at stake in...
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5074 Hits

Court Appointed Child Representatives

The State of Colorado does all it can to protect children in families that are going through difficult transitions. This includes appointing a legal representatives for the child to ensure that child’s best interests are protected during court proceedings. According to C.R.S. § 14-10-116, which addresses the guidelines for appointing a legal representative for a child: (1) The court may, upon the motion of either party or upon its own...
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3081 Hits

Temporary vs. Permanent Civil Protection Order

Civil protection orders are common in divorce and in situations where a relationship that was once good goes wrong. Sometimes the only way for someone to protect him or herself is to seek a civil protection order, sometimes called a restraining order. Civil protection orders can be temporary or permanent. The purpose of each is the same: • To prevent assaults and threatened harm • To prevent domestic abuse •...
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3490 Hits

Chris Taravella and Adrienne Toon Prevail on Breach of Contract Summary Judgment Motion

Chris Taravella and Adrienne Toon recently tried a breach of contract case in Denver’s Federal District Court.  In that case the Judge awarded summary judgment in the amount of $2.4 million in favor of the firm’s client and against one of the defendants.  The remaining issues regarding the liability of other defendants under the contract, piercing the corporate veil and fraudulent conveyance were tried.  A decision has not yet been...
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3032 Hits

Three Things You Need to Know about Spousal Maintenance in Colorado

One of the most important considerations individuals have when they are going through a divorce is spousal maintenance, also known as spousal support or alimony. Some people stay in an unhappy marriage because they are concerned they will not receive enough financial support to survive living a separate life from their spouse. Others are concerned they will be ordered to provide financial support for their ex-spouse and the sacrifice will...
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3513 Hits