H.M.O. SYSTEMS v. CHOICECARE HEALTH SERVICES

Nos. 81CA1036-81CA1038.

665 P.2d 635 (1983)

H.M.O. SYSTEMS, INC., a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, v. CHOICECARE HEALTH SERVICES, INC., a Colorado corporation, Defendant-Appellee and Cross-Appellant. CHOICECARE HEALTH SERVICES, INC., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. F. Parker FOWLER, Jr., individually and d/b/a Systems Search, Defendant-Appellant and Cross-Appellee. J. Richard BARNES, Commissioner of Insurance of the State of Colorado, Plaintiff-Appellee, v. CHOICECARE HEALTH SERVICES, INC., a Colorado corporation, Defendant-Appellee, and H.M.O. Systems, Inc., a Colorado corporation, and F. Parker Fowler, Jr., individually, Claimant-Appellant.

Colorado Court of Appeals, Division 1.

Rehearing Denied March 31, 1983.


Attorney(s) appearing for the Case

Banta, Hoyt, Banta, Greene, Hannen & Everall, J. Mark Hannen, Englewood, G. William Beardslee, Fort Collins, for H.M.O. Systems, Inc., and F. Parker Fowler, Jr.

Arthur P. Roy, Greeley, for Choicecare Health Services, Inc., and J. Richard Barnes.


STERNBERG, Judge.

Plaintiff H.M.O. Systems, Inc., sued defendant Choicecare Health Services, Inc., for damages, alleging breach of a lease and of a contract. Following trial to the court, judgment entered for HMO and damages were awarded for breach of the contract, but not of the lease. HMO appeals the court's finding that it is not entitled to damages under the lease, and both parties appeal the amount of damages awarded...

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