Appeals

Appeals require specialization in research and writing, with the ability to unpack complex legal minutiae in ways that persuade sophisticated panels of judges. Garnett Maximon Powell Barlow & Farbes has this specialization, as is demonstrated by its results and its partners’ results in appellate matters before the formation of the firm.

Representative Appellate Cases

Budd v. Rosenblum, 2023 COA 72, 538 P.3d 354, cert. denied on March 11, 2024 by 23SC685 (finding client demonstrated reasonable likelihood of success on two claims such that those claims survived anti-SLAPP special motions to dismiss).
Solano v. Vezzani, 2022 CA2080, issued February 22, 2024 (unpublished) (unanimous opinion in favor of client in intergovernmental budget dispute between district attorney and board of county commissioners).
Cooper v. US Dominion, Inc., No. 22-1361, 2023 WL 8613526 (10th Cir. Dec. 13, 2023) (unpublished) (affirming district court’s order dismissing opposing party’s claims for lack of standing, with the exception of the equal protection claim, which the Court directed be dismissed without prejudice).
Wagner v. Planned Parenthood Fed’n of Am., Inc., 2022CA167, issued July 27, 2023 (unpublished) (unanimous opinion in favor of client affirming $202,679.44 in costs awarded to client as prevailing party by trial court after defense verdict).
O’Rourke v. Dominion Voting Sys., Inc., No. 21-1161, 2022 WL 1699425 (10th Cir. May 27, 2022) (unpublished) (affirming district court’s dismissal in favor of client).
Fischer v. BMW of N. Am., LLC, No. 20-1399, 2021 WL 5458444 (10th Cir. Nov. 23, 2021) (unpublished) (affirming summary judgment in favor of client).
Glover v. Serratoga Falls LLC, 2021 CO 77, 498 P.3d 1106 (exclusivity of the water court over “water matters” and ability of trial court to issue costs award not only against unsuccessful party but also against unsuccessful party’s lawyer).
Suydam v. LFI Fort Pierce, Inc., 2020 COA 144M, 490 P.3d 930 (affirming client’s $54,000,000 judgment).
Ritchie v. Polis, 2020 CO 69, 467 P.3d 339 (reversing and remanding trial court order, and ruling in favor of client-citizen and against Governor Polis for Executive Order 2020 065, finding that executive order unconstitutional).
Forest City Stapleton Inc. v. Rogers, 2017 CO 23, 393 P.3d 487 (unanimous opinion in favor of developer-client reversing and holding that plaintiff could not pursue a claim of breach of implied warranty of suitability against client).
Hall v. Moreno, 2012 CO 14, 270 P.3d 961 (affirming trial court’s congressional redistricting order).
People ex rel. Salazar v. Davidson, 79 P.3d 1221 (Colo. 2003) (finding General Assembly’s 2003 redistricting plan unconstitutional and holding that General Assembly lost its chance to redistrict until after the 2010 federal census, supporting United States House Representative’s interpretation of the state constitution).
Scott v. Art of Optiks Cherry Creek, Inc., 60 P.3d 770 (Colo. App. 2002) (unanimous opinion finding that client was the prevailing party and entitled to a costs award after obtaining summary judgment on all claims).
Regents of Univ. of Colo. ex rel. Univ. of Colo. at Boulder v. Harbert Const. Co., 51 P.3d 1037 (Colo. App. 2001) (affirming summary judgment in favor of contractor-client).
Studor, Inc. v. Examining Bd. of Plumbers of Div. of Registrations, Dep’t of Regul. Agencies, State of Colo., 929 P.2d 46 (Colo. App. 1996) (unanimous opinion in favor of client finding that State Board failed to comply with record keeping requirements, public hearing requirements, and did not substantially comply with its own rulemaking procedures).
In the Matter of Title, Ballot Title, Submission Clause, and Summary Adopted Apr. 17, 1996 by Title Setting Bd. Pertaining to a Proposed Initiative Statue Proposed by Apple, 920 P.2d 798 (Colo. 1996) (reversing and remanding the Board’s decision in title and summary of air quality enhanced emissions program ballot initiative because Supreme Court agreed with client’s contention that it was misleading due to a failure to disclose that it only impacted six counties and did not accurately describe the fiscal impact of the initiative).
Nelson v. Elway, 971 P.2d 245 (Colo. App. 1998) (reversing trial court ruling on motion to amend post-remand from the Colorado Supreme Court).
Nelson v. Elway, 908 P.2d 102 (Colo. 1995) (affirming summary judgment in favor of clients on conspiracy and breach of contract claims made against them and directing the trial court to enter judgment in their favor).
Haseldon-Langley Constructors, Inc. v. D.E. Farr & Assocs., Inc., 676 P.2d 709 (Colo. App. 1983) (reversing trial court’s judgment in favor of opposing party’s promissory estoppel claim).
Air Pollution Control Comm’n of the State of Colo. v. Dist. Court In and For City and Cnty. of Denver, 563 P.2d 351 (Colo. 1977) (making rule absolute that venue is determined by air quality control statute and reversing with directions to Denver County and Morgan County to dismiss claims against client).