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Colorado Court of Appeals Opinions || November 1, 2012

Colorado Court of Appeals -- November 1, 2012
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No. 10CA1494
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-745-560

City of Littleton, Colorado, Littleton Fire Rescue; and CCMSI,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado; Julie Christ, surviving spouse and personal representative of Jeffrey J. Christ, deceased; and Michelle Parris, on behalf of Lauren Parris,

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE RUSSEL
Román, J., concurs
Carparelli, J., dissents


Court of Appeals No. 10CA2265
City and County of Denver District Court No. 09CV2435
Honorable R. Michael Mullins, Judge

Michael Graham,

Plaintiff-Appellee,

v.

Zurich American Insurance Company, a/k/a Zurich North America Direct Markets, a/k/a Zurich North America, a/k/a Zurich Insurance, f/k/a Universal Underwriters Insurance Company,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE RUSSEL
Hawthorne and Bernard, JJ., concur


Court of Appeals No. 11CA0363
City and County of Denver District Court No. 08CV1389
Honorable R. Michael Mullins, Judge

Jillian Groh, individually and by and through her guardians and conservators, William Groh and Janelle Groh,

Plaintiff-Appellant,

v.

Westin Operator, LLC,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE FURMAN
Russel, J., concurs
Webb, J., dissents


Court of Appeals No. 11CA1919
Jefferson County District Court No. 10CV2207
Honorable Tamara S. Russell, Judge

Marc A. Giuliani; Footprints Health and Wellness, Inc., a Colorado corporation; Christopher Peck; and Frank Campbell,

Plaintiffs-Appellants,

v.

Jefferson County Board of County Commissioners, a body politic on behalf of the County of Jefferson; Jefferson County Division of Planning and Zoning, a division of Jefferson County; and Jefferson County Board of Adjustment, a division of Jefferson County,

Defendants-Appellees.

APPEAL DISMISSED IN PART, JUDGMENT
AFFIRMED IN PART, AND ORDER AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Russel and J. Jones, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0248
Larimer County District Court No. 08CR281
Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Wolf,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 09CA0497
Arapahoe County District Court No. 07CR3540
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mario Devon Adams,

Defendant-Appellee.

Judgment affirmed

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

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


Court of Appeals No. 09CA2772
Moffat County District Court No. 09CR38
Honorable Shelley A. Hill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dale Matthew Waite,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 10CA2355
Weld County District Court No. 09CR1894
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric D. Burnam,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals Nos. 11CA0694 & 11CA0695
Arapahoe County District Court No. 02DR570
Honorable Robert H. Russell, II, Judge

In re the Marriage of

David F. Leigh,

Appellant,

and

Katherine Prough-Leigh,

Appellee.

ORDERS AFFIRMED

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

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


Court of Appeals No. 11CA0792
Mesa County District Court No. 10CR744
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerrod G. Earnest,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1035
City and County of Denver District Court No. 10CR589
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leonard D. Loftin,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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

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


Court of Appeals No. 11CA1112
City and County of Denver District Court No. 02CR4156
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anderson Gerson Montano,

Defendant-Appellant.

Order Affirmed

Division III
Opinion by JUDGE ROY
Richman and Ney*, JJ., concur

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


Court of Appeals No. 11CA1223
Larimer County District Court No. 07CR1355
Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Todd Steven McGinn,

Defendant-Appellant.

ORDER 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. 11CA1296
Fremont County District Court No. 10CV166
Honorable Stephen A. Groome, Judge

Scott Arends,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1477
City and County of Denver District Court No. 93CR1708
Honorable William D. Robbins, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Calvin Silas,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE ROY
Richman and Sternberg*, JJ., concur

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


Court of Appeals No. 11CA1663
Boulder County District Court No. 10CR1846
Honorable Kenneth M. Plotz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cassidy Cole Moroney,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur

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


Court of Appeals No. 11CA1724
Jefferson County District Court No. 07DR908
Honorable Margie L. Enquist, Judge

In re the Marriage of

Ramona L. Lambert,

Appellee,

and

Scott K. Lambert,

Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1883
Morgan County District Court No. 11CR79
Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Denise Marks,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1896
El Paso County District Court No. 09CR1098
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrone Duante Small,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA1908
Rio Blanco County District Court No. 97CR29
Honorable Gail H. Nichols, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Francisco Rojos Dominguez,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE GRAHAM
Terry and J. Jones, JJ., concur

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


Court of Appeals No. 11CA1978
El Paso County District Court No. 10PR660
Honorable Barbara L. Hughes, Judge

In Estate of Mary Ellis, Deceased.

Trust of Mary Ellis,

Petitioner-Appellee,

v.

Alfred C. Rupp, individually and as co-trustee of the Mary Ellis Trust, by his agent Kenneth Ray Rupp,

Respondent-Appellant.

ORDER VACATED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2226
Mesa County District Court No. 08CR1468
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerry D. Snider,

Defendant-Appellant.

ORDER 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. 11CA2352
City and County of Broomfield District Court No. 11CV88
Honorable Katherine R. Delgado, Judge

Nathan K. Shrewsbury,

Plaintiff-Appellee,

v.

Taxsalelists.com, LLC; John Lane; and Lindsay Lane,

Defendants-Appellants.

ORDER AFFIRMED IN PART AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2383
City and County of Denver District Court No. 11DR428
Honorable Michael J. Vallejos, Judge

In re the Marriage of

Lana Dardano,

Appellant,

and

Larry G. Dardano,

Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2556
La Plata County District Court No. 11CR91
Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sean Christopher Ludwigsen,

Defendant-Appellant.

APPEAL DISMISSED

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

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


Court of Appeals No. 12CA0173
Boulder County District Court No. 11DR1068
Honorable Patrick D. Butler, Judge

In re the Marriage of

Estate of William E. Ford,

Appellee,

and

Sandra F. Ford, n/k/a Sandra Felix Diaz,

Appellant.

ORDER 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. 12CA0514
El Paso County District Court No. 10CR4100
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Dewayne Morgan,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1248
Adams County District Court No. 11JV128
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.R.N.L, Child,

and Concerning N.K.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur

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


Court of Appeals No. 12CA1265
Industrial Claim Appeals Office of the State of Colorado
DD No. 10413-2010

Brian Minor,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Transwest Truck, Inc.,

Respondents.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 07CA2467

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Quinn Tate,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 08CA1467

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Martin Currier,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 08CA2175

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrell Nathaniel Anderson,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA0981

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Randy D. Tallent,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA2194

Gary L. Waters and David Stewart,

Plaintiffs-Appellees and Cross-Appellants,

v.

DocuVault Group, LLLP, and Bowen W. Banbury,

Defendants-Appellants and Cross-Appellees.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1107

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Bryant,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2142

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Cordel Robinson,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0656

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Phillip Diaz,

Defendant-Appellant.

Petition for Rehearing DENIED
Russel, J., would GRANT


Court of Appeals No. 11CA0679

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond E. Stalie,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1006

In re the Parental Responsibilities of D.T., a Child,

and Concerning Crystal Lavattiata,

Appellant,

and

Christina Trujillo,

Appellee.

Petition for Rehearing DENIED


Court of Appeals No. 11CA1355

Oloyea D. Wallin,

Plaintiff-Appellant,

v.

Janene McCabe and Sean McDermott,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2245

In re the Marriage of

Deborah Diane Yonce,

Appellee,

and

Jeremy Andrew Yonce,

Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0737

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of W.J.P. and A.M.P., Children,

and Concerning D.M.P.,

Respondent-Appellant.

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 || November 1, 2012

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