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Colorado Court of Appeals Opinions || June 7, 2012

Colorado Court of Appeals -- June 7, 2012
Announcement Sheet

 PUBLISHED OPINIONS

Court of Appeals No. 08CA1374
El Paso County District Court No. 03CR3375
Honorable Richard Hall, Judge
Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Herdman,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE GABRIEL
ROMÁN and Bernard, JJ., concur


Court of Appeals No. 09CA0246
Douglas County District Court No. 08CR29
Honorable Nancy A. Hopf, Judge
Honorable Ruthanne Polidori, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Lawrence Rowe,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE ROMÁN
Richman and Miller, JJ., concur


Court of Appeals No. 09CA2681
Adams County District Court No. 08CR3357
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Eugene Taylor,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Carparelli, J., concurs
Booras, J., specially concurs


Court of Appeals No. 11CA0751
City and County of Denver District Court No. 08CV10718
Honorable Catherine A. Lemon, Judge

Thomas F. McLaughlin,

Plaintiff-Appellee,

v.

BNSF Railway Company, a Delaware corporation,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE J. JONES
Taubman and Russel, JJ., concur


Court of Appeals No. 11CA0766
Mesa County District Court No. 08CV304
Honorable David A. Bottger, Judge
Dale K. Bittle and Patricia L. Bittle,

Plaintiffs-Appellees and Cross-Appellants,

v.

CAM-Colorado, LLC,

Defendant-Appellant and Cross-Appellee.

JUDGMENT AFFIRMED, ORDER REVERSED,
AND CASE REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur


Court of Appeals No. 11CA1249
City and County of Denver District Court Nos. 10CV3230 & 10CV4100
Honorable Brian R. Whitney, Judge

Laura "Wendy" W. Chase and Michael Sutak,

Plaintiffs-Appellants,

v.

Colorado Oil and Gas Conservation Commission; Colorado State Board of Land Commissioners; and Magpie Operating, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE FOX
Taubman and Rothenberg*, JJ., concur


Court of Appeals No. 11CA1416
Mesa County District Court No. 08CV212
Honorable David A. Bottger, Judge

Mesa County Land Conservancy, Inc.,

Plaintiff-Appellee,

v.

Sam A. Allen and Susie R. Allen,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur


Court of Appeals No. 11CA1657
Grand County District Court No. 09CV133
Honorable Mary C. Hoak, Judge

Goodman Associates, LLC,

Plaintiff-Appellant,

v.

Winter Quarters, LLC; and Capital West National Bank, a/k/a First National Bank of Wyoming,

Defendants-Appellees.

ORDERS AFFIRMED

Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur


Court of Appeals No. 11CA2331
Industrial Claim Appeals Office of the State of Colorado
DD No. 12583-2011

Softrock Geological Services, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,

Respondents.

ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA2209
Mesa County District Court No. 09CR830
Honorable Bryan J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nathan M. McClure,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Graham and Booras, JJ., concur

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


Court of Appeals No. 10CA0726
City and County of Denver District Court No. 08CV8886
Honorable John W. Madden, IV, Judge

Larry DeMarco and Patrick DeMarco,

Plaintiffs-Appellees,

v.

Broadway Dodge, Inc.,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED
IN PART, AND VACATED IN PART

Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Booras, JJ., concur

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


Court of Appeals No. 10CA1527
El Paso County District Court No. 09CR1689
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alexisius Quennel Jones,

Defendant-Appellant.

JUDGEMENT AND SENTANCE AFFIRMED

Division III
Opinion by JUDGE ROY
Dailey and Nieto*, JJ., concur

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


Court of Appeals No. 10CA2464
Clear Creek County District Court No. 09DR55
Honorable Russell H. Granger, Judge

In re the Marriage of

Amy C. Davis,

Appellee,

and

Christopher Ryan Davis,

Appellant.

JUDGMENT AFFIRMED IN PART AND VACATED IN PART

Division IV
Opinion by JUDGE KAPELKE*
Webb and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA0084
Grand County District Court No. 09CV32
Honorable Mary C. Hoak, Judge

84 Lumber Company, a Pennsylvania Limited Partnership,

Plaintiff-Appellant,

v.

Telemark Associates Ltd., LLC, a Colorado limited liability company; and Charles A. Bailey,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE NIETO*
Roy and Dailey, JJ., concur

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


Court of Appeals No. 11CA0783
Mesa County District Court No. 10DR50
Honorable Brian J. Flynn, Judge

In re the Marriage of

William A. Malloy,

Appellee,

and

Dawn E. Malloy, n/k/a Dawn E. Might,

Appellant.

ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE BERNARD
Román and Gabriel, JJ., concur

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


Court of Appeals No. 11CA0916
Arapahoe County District Court No. 10DR855
Honorable J. Mark Hannen, Judge

In re the Parental Responsibilities of C.S., a Child,

and Concerning Shelley Stanley,

Appellant,

and

Scott Mitchell,

Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur

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


Court of Appeals No. 11CA1088
Larimer County District Court No. 09DR1597
Honorable Gregory M. Lammons, Judge

In re the Marriage of

Jan E. Paisley,

Appellant and Cross-Appellee,

and

David J. Paisley,

Appellee and Cross-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Plank*, J., concur

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


Court of Appeals No. 11CA1160
City and County of Denver District Court No. 10CV7630
Honorable Robert S. Hyatt, Judge

Ute Indian Tribe of the Uintah and Ouray Indian Reservation,

Third-Party Defendant-Appellant,

v.

FIML Natural Resources, LLC,

Defendant and Third-Party Plaintiff-Appellee.

ORDER AFFIRMED

Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur

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


Court of Appeals No. 11CA1330
City and County of Denver District Court No. 09CV7321
Honorable Michael A. Martinez, Judge

Mark L. Thompson, Trustee; and Rosalin Rogers,

Plaintiffs-Appellees and Cross-Appellants,

v.

United Securities Alliance, Inc.,

Defendant,

and Concerning Catlin Insurance Company (UK) Ltd.,

Garnishee-Appellant and Cross-Appellee.

ORDERS AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur

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


Court of Appeals No. 11CA1594
Adams County District Court No. 10CV1947
Honorable Robert W. Kiesnowski, Jr., Judge
Honorable Edward C. Moss, Judge

Erin A. Young, individually and on behalf of and as next friend of C.Y.; and C.Y., a minor, through his parent Erin A. Young,

Plaintiffs-Appellees,

v.

Brighton School District 27J,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur

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


Court of Appeals No. 11CA2393
El Paso County District Court No. 10JV1336
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.M., a Child,

and Concerning A.G.,

Respondent-Appellant.

JUDGMENT REVERSED, ORDER AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 07CA2481

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason William Bondurant,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 08CA0775

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Harvey Nelson,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED


Court of Appeals No. 08CA2439

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Dewayne Green,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED


Court of Appeals No. 09CA2013

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robin Jay Clifton,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2418

In re the Marriage of

Jeffrey D. Handley,

Appellee,

and

Catherine M. Keske, a/k/a Catherine Keske Hoag,

Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA0278

In re the Parental Responsibilities of J.E.D., a Child,

and Concerning Mark Jerome Boykins,

Appellee,

and

Dana Rochee Davis,

Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1445

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kirk C. Hurd,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA2211

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.N.H.C., a Child,

and Concerning C.M.H.,

Respondent-Appellant.

Petition for Rehearing DENIED


*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 || June 7, 2012

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