Opinion
No. 02SC667.
January 20, 2004. Rehearing Denied February 9, 2004
Chief Justice Mullarkey, Justice Kourlis, and Justice Coats would grant the Petition.
Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 01CA0783.
AFFIRMED BY OPERATION OF LAW.
No. 02SC667 — Jon DeStefano v. Ashley Nichols.
By operation of law, the decision of the court of appeals, case no. 01CA0783, is affirmed by an equally divided court. See C.A.R. 35(e).
Caplan and Earnest LLC, Thomas S. Crabb, W. Stuart Stuller, Derek H. Kiernan-Johnson, Boulder, Colorado, Attorneys for Petitioners/Cross-Respondents.
Richard M. Borchers, P.C., Richard M. Borchers Westminster, Colorado, Larry Dean Valente, Westminster, Colorado, Attorneys for Respondents/Cross-Petitioners.
Colorado Association of School Board Lauren Kingsbery, Denver, Colorado, Amicus Curiae Colorado Association of School Boards.
Martha R. Houser, Gregory J. Lawler, Cathy L. Cooper Sharyn E. Dreyer, Charles F. Kaiser, Denver, Colorado Amicus Curiae Colorado Education Association.
Justice Hobbs, Justice Martinez and Justice Bender are of the opinion that the judgment of the Court of Appeals, Case No. 01CA0783, should be affirmed, whereas Chief Justice Mullarkey, Justice Kourlis and Justice Coats are of the opinion that it should be reversed. Justice Rice does not participate.
Since the court is equally divided, the decision of the Court of Appeals is affirmed by operation of law. C.A.R. 35(e).