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Colorado Court of Appeals Opinions || December 8, 2011

Colorado Court of Appeals -- December 8, 2011
Announcement Sheet

 

 

PUBLISHED OPINIONS

Court of Appeals No. 09CA1400

Adams County District Court No. 08CR384

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Jay Poage,

Defendant-Appellant.

Judgment VACATED

Division I

Opinion by JUDGE ROMán

Taubman and Booras, JJ., concur


Court of Appeals No. 10CA1024

Eagle County District Court No. 06CV350

Honorable Frederick W. Gannett, Judge

Beaver Creek Property Owners Association, Inc.; Strawberry Park at Beaver Creek Owners Association, Inc.; Milledge A. Hart, III; Jack Bergman; and John Does 2 and 3 (Owners of Lots in Strawberry Park),

Plaintiffs-Appellees,

v.

Bachelor Gulch Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,

Defendant-Appellant.

ORDERS AFFIRMED IN PART, REVERSED IN PART

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE GABRIEL

Dailey and Graham, JJ., concur


Court of Appeals No. 10CA1453

City and County of Denver District Court No. 08CV2444

Honorable William W. Hood, III, Judge

David Kisselman,

Plaintiff-Appellant,

v.

American Family Mutual Insurance Company, a Wisconsin corporation,

Defendant-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE LOEB

Richman and Sternberg*, JJ., concur


Court of Appeals No. 10CA1665

Adams County District Court No. 07CV126

Honorable Katherine R. Delgado, Judge

Janis M. Reigel,

Plaintiff-Appellee,

and

Brent Reigel and Bradley Reigel,

Plaintiffs-Appellees and Cross-Appellants,

v.

SavaSeniorCare L.L.C., a Delaware limited liability company; SavaSeniorCare Administrative Services, L.L.C., a Delaware limited liability company; and SSC Thornton Operating Company, L.L.C., a Delaware limited liability company, d/b/a Alpine Living Center,

Defendants-Appellants and Cross-Appellees.

JUDGMENTS AFFIRMED IN PART, REVERSED IN PART, AND VACATED

IN PART, ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE J. JONES

Carparelli and Furman, JJ., concur


Court of Appeals No. 10CA1853

Larimer County District Court No. 10CV583

Honorable Jolene C. Blair, Judge

Anthony Janicek and Pamela Janicek,

Plaintiffs-Appellants and Cross-Appellees,

v.

Obsideo, LLC and 1502 Forrestal, LLC, as Assignee of Obsideo, LLC,

Defendants-Appellees,

and

Snavely Development Company, Assignor to Obsideo, LLC,

Defendant-Appellee and Cross-Appellant.

ORDERS AFFIRMED

Division II

Opinion by JUDGE MILLER

Casebolt and Lichtenstein, JJ., concur


Court of Appeals No. 10CA2349

Adams County District Court No. 09CV921

Honorable Katherine R. Delgado, Judge

Thyssenkrupp Safway, Inc., f/k/a Safway Services, Inc., a Delaware corporation,

Plaintiff-Appellant,

v.

Hyland Hills Parks and Recreation District,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Miller, JJ., concur


Court of Appeals No. 11CA0461

Pueblo County District Court No. 10CV225

Honorable Robert W. Ogburn, Judge

Mid-Century Insurance Company, a California corporation,

Plaintiff-Appellee,

v.

Alvino Robles,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE BOORAS

Taubman and Román, JJ., concur


Court of Appeals No. 11CA0588

Montrose County District Court No. 09CV360

Honorable James Schum, Judge

Sheep Mountain Alliance,

Plaintiff-Appellant,

v.

Board of County Commissioners, Montrose County, Colorado,

Defendant-Appellee,

and

Steve White, in his official capacity as Montrose County Land Use Director,

Defendant-Appellee and Intervenor,

and

Energy Fuels Resources Corporation,

Appellee.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Román and Booras, JJ., concur


Court of Appeals No. 11CA2231

Jefferson County District Court No. 11CV1731

Honorable Dennis J. Hall, Judge

Barbara Wahrman,

Plaintiff-Petitioner,

v.

Golden West Realty, Inc., and Kathleen Smith,

Defendants-Respondents.

PETITION DENIED AND APPEAL DISMISSED

Division A

Opinion by JUDGE WEBB

J. Jones and Gabriel, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 08CA0510

Pueblo County District Court No. 06CR2177

Honorable Rosalie Vigna, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Wilbur Dreibholz,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Hawthorne and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA1249

Las Animas County District Court No. 08CR189

Honorable Leslie J. Gerbracht, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Gilbert Salazar,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE REVERSED,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE ROTHENBERG*

Román and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA1851

Adams County District Court No. 08CR2963

Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eli Joseph Kelly,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division V

Opinion by JUDGE ROTHENBERG*

Furman and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA1957

Adams County District Court No. 08CR3049

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Omar Jorge Cruz-Avila,

Defendant-Appellant.

Judgment Affirmed

Division I

Opinion by JUDGE ROMán

Taubman and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 09CA2205

Adams County District Court No. 08CR3599

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Israel Ham Munoz,

Defendant-Appellant.

SENTENCE AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Furman and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1965

Adams County District Court No. 09CV1262

Honorable Edward C. Moss, Judge

Amend Partners,

Plaintiff-Appellee,

v.

Ronnie Fischer of the Fischer Law Firm, P.C.,

Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Furman and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2107

City and County of Denver District Court No. 07CR5744

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John B. Charon,

Defendant-Appellant.

APPEAL DISMISSED

Division I

Opinion by JUDGE ROMán

Taubman and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2352

Pueblo County District Court No. 10PR132

Honorable Jill Mattoon, Judge

In re the Estate of M. Helen Scharton, a/k/a Martha Helene Scharton, deceased.

Daniel Lloyd Smith,

Defendant-Appellee,

v.

James S. Oliver,

Attorney-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE BOORAS

Taubman and Román, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2562

Mesa County District Court No. 10DR332

Honorable Brian J. Flynn, Judge

In re the Marriage of

Kelli Vavak, n/k/a Kelli Countryman,

Appellant,

and

William C. Vavak,

Appellee.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE DAILEY

Graham and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1109

Arapahoe County District Court No. 02CR1040

Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Raynell Cooper,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Taubman, Furman, and Bernard, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1389

Industrial Claim Appeals Office of the State of Colorado

DD No. 4283-2011

Pamela R. Settles,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Connecticut General Life Insurance Company,

Respondents.

ORDER AFFIRMED

Division

Opinion by JUDGE MÁRQUEZ*

Davidson, C.J. and Ney*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1592

Industrial Claim Appeals Office of the State of Colorado

DD No. 9478-2011

Melissa L. Steward,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Hobby Lobby Stores, Inc.,

Respondents.

ORDER AFFIRMED

Division C

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1697

Industrial Claim Appeals Office of the State of Colorado

DD No. 15461-2011

Danelle R. Cortez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and SquareTwo Financial Corporation,

Respondents.

ORDER AFFIRMED

Division C

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA1733

Industrial Claim Appeals Office of the State of Colorado

DD No. 13703-2011

Ibadella Stevenson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Shared Touch, Inc.,

Respondents.

ORDER AFFIRMED

Division C

Bernard, Lichtenstein, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


PEITITONS FOR REHEARING

Court of Appeals No. 07CA2511

El Paso County District Court Nos. 06CR4005, 06CR5051 & 06CR5412

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Allen Gregg,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 08CA0184

City and County of Denver District Court No. 06CR10724

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terry Ricardo Gay,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0356

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bruce Robert Goldman,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA0633

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mihail Stefanov Petrov,

Defendant-Appellant.

Opinion Modifed and

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA1626

In re the Marriage of

Amanda S. Prentiss,

Appellee,

and

Bernd Hoefel,

Appellant.

Opinion Modified and

Petitions for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


* Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.

These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.

Colorado Court of Appeals Opinions || December 8, 2011

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