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Colorado Court of Appeals Opinions || October 18, 2012

Colorado Court of Appeals -- October 18, 2012
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 08CA2175
El Paso County District Court Nos. 04CR4306 & 05CR528
Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrell Nathaniel Anderson,

Defendant-Appellant.

ORDERS AFFIRMED

Division I
Opinion by JUDGE RUSSEL
J. Jones, J., concurs
Taubman, J., specially concurs

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


Court of Appeals No. 10CA1709
Boulder County District Court No. 09CR740
Honorable Maria E. Berkenkotter, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Abby Kimball Toll,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur

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


Court of Appeals No. 10CA2210
Arapahoe County District Court No. 99CR601
Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Salazar Cabias,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 10CA2250
Douglas County District Court No. 09CR226
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ted Dale Meek,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE LOEB
Taubman and Webb, JJ., concur

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


Court of Appeals No. 10CA2509
El Paso County District Court Nos. 93CR2822, 93CR3729 & 96CR4641
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Frederick B. Hill,

Defendant-Appellant.

ORDERS AFFIRMED

Division I
Opinion by JUDGE LOEB
Taubman and Webb, JJ., concur

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


Court of Appeals No. 11CA0480
El Paso County District Court No. 10CR1601
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darren W. Wieck,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur

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


Court of Appeals No. 11CA0942
City and County of Denver District Court No. 06CR3022
Honorable William D. Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert H. Dixon,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur

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


Court of Appeals No. 11CA1309
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-424-488

Mariquita Moran-Butler,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; HealthOne/Spalding Rehabilitation Hospital; and Transportation Insurance,

Respondents.

ORDER AFFIRMED

Division III
Opinion by JUDGE DAILEY
Richman, J., concurs
Roy, J., dissents

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


Court of Appeals No. 11CA1344
Larimer County District Court No. 10DR643
Honorable Thomas R. French, Judge

In re the Marriage of

Kaye Blair,

Appellee,

and

Mark Blair,

Appellant.

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

Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur

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


Court of Appeals No. 11CA1422
El Paso County District Court No. 09CV470
Honorable David A. Gilbert, Judge

Thomas Spitz,

Plaintiff-Appellee,

v.

Director, Colorado Department of Corrections; and Warden, Bent County Correctional Facility,

Defendants-Appellants.

APPEAL DISMISSED

Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur

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


Court of Appeals No. 11CA1428
City and County of Denver District Court No. 02DR2561
Honorable Michael J. Vallejos, Judge

In re the Marriage of

Allison J. Ordway-Makeen, n/k/a Allison J. Ordway

Appellee,

and

Akeem A. Makeen,

Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur

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


Court of Appeals No. 11CA1570
El Paso County District Court No. 03DR3989
Honorable Gilbert Martinez, Judge

In re the Marriage of

Dale C. Peterson,

Appellee,

and

Frances L.C. Peterson,

Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur

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


Court of Appeals No. 11CA1879
Montrose County District Court No. 10CV470
Honorable Jeff B. Herron, Judge

Board of County Commissioners, Montrose County, State of Colorado,

Plaintiff-Appellant,

v.

Board of Trustees for Montrose Memorial Hospital, a body politic and its individual Trustees; J. Stephen Glassman; Patricia Dickinson; Debra A. Harmon; William Bennett; Louis H. Winkler, M.D.; and James Whitticom,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE ROMÁN
Furman and Plank*, JJ., concur

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


Court of Appeals No. 11CA1916
El Paso County District Court No. 09CV6690
Honorable Timothy J. Schutz, Judge
Honorable Scott A. Sells, Judge

Estate of Anthony J. Ambroso, by and through his Co-Conservators,

Curtis Ambroso and Alicia Ambroso,

Plaintiff-Appellant,

v.

David Hoover, M.D.,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur

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


Court of Appeals No. 11CA2199
Lincoln County District Court No. 11CV31
Honorable Stanley A. Brinkley, Judge

Leroy Damasio Fresquez,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections; and Warden of Limon Correctional Facility,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur

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


Court of Appeals No. 11CA2342
Chaffee County District Court No. 10CV24
Honorable Jose D. L. Márquez, Judge

Mary Claire Wiegand,

Plaintiff-Appellant,

v.

J. Kyle Bachus; Bastion Kane; and Bachus and Schanker, LLC,

Defendants-Appellees.

APPEAL DISMISSED IN PART AND ORDER AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur

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


Court of Appeals No. 11CA2432
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-836-511

Gary L. Krueger,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Arvada Treatment Center, LLC; and Pinnacol Assurance,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Nieto*, JJ., concur

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


Court of Appeals No. 11CA2519
Chaffee County District Court No. 11CV82
Honorable Charles M. Barton, Judge

Henry Lee Griffin, Jr.,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections; Warden of the Buena Vista Correctional Complex; Gerry Bland, Individually and in his official capacity; and Shannon Lynne Grant, Individually and in her official capacity;

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Ney*, JJ., concur

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


Court of Appeals No. 11CA2544
Logan County District Court No. 11CV105
Honorable Charles M. Hobbs, Judge

Shawn Mandel Winkler,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections and Sterling Correctional Facility,

Defendants-Appellees.

ORDER AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur

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


Court of Appeals No. 11CA2561
Industrial Claim Appeals Office of the State of Colorado

WC No. 4-797-234

Brad Kurtz,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, JBS Carriers, and Zurich American Insurance Company,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Nieto*, JJ., concur

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


Court of Appeals No. 12CA0035
El Paso County District Court No. 08PR824
Honorable Robin L. Chittum, Judge

In the Matter of the Estate of Irene K. Norman, Deceased.

Teal E. Terry,

Personal Representative-Appellant and Cross-Appellee,

v.

Lark Ashford and Martin Ashford,

Claimants-Appellees and Cross-Appellants.

JUDGMENT AND ORDER AFFIRMED

Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur

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


Court of Appeals No. 12CA0253
Industrial Claim Appeals Office of the State of Colorado
W.C. No. 4-835-962

Kenneth D. Read,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Shannon Gaines and/or A&S Heating & Air; and Pinnacol Assurance,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE NIETO*
Lichtenstein and Gabriel, JJ., concur

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


Court of Appeals No. 12CA0732
Mesa County District Court No. 10JV311
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.C., a Child,

and Concerning D.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur

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


Court of Appeals No. 12CA1043
Industrial Claim Appeals Office of the State of Colorado
DD No. 1490-2012

Mark A. Stanislawski,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and US Security Associates, Inc.,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE PLANK*
Davidson, C.J., and Ney*, J., concur

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


Court of Appeals No. 12CA1212
Adams County District Court No. 11JV137
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.D and A.D., Children,

and Concerning M.D.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur

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


Court of Appeals No. 12CA1299
Industrial Claim Appeals Office of the State of Colorado
DD No. 4799-2012

Shelley W. Hodge,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and MC Circulation, Inc.,

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur

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


Court of Appeals No. 12CA1309
Weld County District Court No. 11JV206
Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning R.L.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur

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


Court of Appeals No. 12CA1371
City and County of Denver Juvenile Court No. 11JV225
Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.M.L., a Child,

and Concerning C.J.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur

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


Court of Appeals No. 12CA1434
Industrial Claim Appeals Office of the State of Colorado
DD No. 6301-2012

Stephanie P. Randall,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Express Services, Inc. Express Employment Professionals,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE NEY*
Davidson, C.J., and Plank*, J., concur

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


Court of Appeals No. 12CA1447
Industrial Claim Appeals Office of the State of Colorado
DD No. 7889-2012

Timothy J. Sutton,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Kroger Company,

Respondents.

ORDER AFFIRMED

Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Nieto*, J., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA1198

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cristo Esquibel, Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED
Carparelli, J., would GRANT

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


Court of Appeals No. 11CA1285

Patricia A. Anselmo, Dennis L. Yakobson, and West Ridge Group, LLC, a Colorado limited liability company,

Plaintiffs-Appellees,

v.

Phillip Ernest Anselmo,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1511

Colorado Coffee Bean, LLC, a Colorado limited liability company; MLT Taylor, LLC, a Colorado limited liability company; JFK, LLC, a Colorado limited liability company; CZ-DM, Inc., a Colorado corporation; JKKR, LLC, a Colorado limited liability company; Peak Mountain Coffee, Inc., a Colorado corporation; King Soopers JM, Inc., a Colorado corporation; ABC Sales, Inc., a Colorado corporation; and Double R Coffee, LLC, a Colorado limited liability company,

Plaintiffs-Appellants,

v.

Peaberry Coffee Inc., a Colorado corporation; Peaberry Coffee Franchise, Inc., a Colorado corporation; William I. Tointon; James T. Orr; and Perkins Coie, LLC, a Washington limited liability partnership,

Defendants-Appellees.

OPINION MODIFIED AND
PETITIONS FOR REHEARING DENIED

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


Court of Appeals No. 11CA2598

Michael Lawrence Thompson,

Plaintiff-Appellant,

v.

Colorado Department of Corrections; Tom Clements; John Suthers, Attorney General; Melissa Gallardo, Denver Parole Office Manager; CPO Gary Pacheco, Parole Officer; CPO Wes Allen, Parole Officer; CPO Michelle Anderson, Parole Officer; Ester Smith, Director, Correctional Management, Inc. (CMI); Jason Miller, CMI Technician; Allison Brooks, CMI Security Officer,

Defendants-Appellees.

Petition 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. 2012.

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 || October 18, 2012

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