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Colorado Court of Appeals Opinions || November 8, 2012

Colorado Court of Appeals -- November 8, 2012
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No. 10CA0035
Adams County District Court No. 08CR3504
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ruben Rosendo Ramos,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Loeb, J., concurs
Webb, J., dissents


Court of Appeals No. 11CA0019
City and County of Denver District Court No. 09CR3530
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Deloss Rogers,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No. 11CA0034
Arapahoe County District Court No. 07CR2311
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Angel Pena-Rodriguez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE WEBB
Loeb, J., concurs
Taubman, J., dissents


Court of Appeals No. 11CA0750
Mesa County District Court No. 09CV4290
Honorable David A. Bottger, Judge

Eldon K. Van Gundy,

Plaintiff-Appellee,

v.

Quinton Van Gundy,

Defendant-Appellant.

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

Division IV
Opinion by JUDGE J. JONES
Graham and Terry, JJ., concur


Court of Appeals No. 11CA1448
La Plata County District Court No. 09JV19
Honorable David L. Dickinson, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning F.N.,

Respondent-Appellant,

and

F.S. and A.S.,

Intervenors.

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

Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Miller, JJ., concur


Court of Appeals No. 11CA1829
Jefferson County District Court No. 10CV1168
Honorable Jane A. Tidball, Judge

Health Grades, Inc., a Colorado Corporation,

Plaintiff-Appellant and Cross-Appellee,

v.

Christopher Boyer and Patrick Singson,

Defendants-Appellees and Cross-Appellants.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA2132
Board of Assessment Appeals No. 57591

James Fifield and Betsy Fifield,

Petitioners-Appellants,

v.

Pitkin County Board of Commissioners,

Respondent-Appellee,

and

Board of Assessment Appeals, State of Colorado,

Appellee.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA2495
Summit County District Court No. 07CR4
Honorable David R. Lass, Judge
Honorable W. Terry Ruckriegle, Judge
Honorable Mark D. Thompson, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Erik Sigurdson Rockne,

Defendant-Appellee.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA2518
Yuma County District Court No. 09JD1
Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.S.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

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

Court of Appeals No. 12CA0233
Jefferson County District Court No. 11CV1132
Honorable Jack W. Berryhill, Judge

Melanna Marcellot,

Plaintiff-Appellant,

v.

Exempla, Inc., d/b/a Exempla West Pines,

Defendant-Appellee.

JUDGMENT AFFIRMED

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


Court of Appeals No. 12CA0681
El Paso County District Court No. 10CV2849
Honorable David A. Gilbert, Judge

Rose Marie Hall,

Plaintiff-Appellee,

v.

American Standard Insurance Company of Wisconsin,

Defendant-Appellant.

APPEAL DISMISSED

Division C
Opinion by JUDGE TAUBMAN
Dailey and Booras, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 08CA2327
Arapahoe County District Court No. 06CR2374
Honorable J. Mark Hannen, Judge
Honorable Jack F. Smith, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Costello Scott,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE BERNARD
Booras, J., concurs
Casebolt, J., specially concurs

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


Court of Appeals No. 09CA0461
City and County of Denver District Court No. 07CR6709
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Phuong Van Dang,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 09CA2305
Montezuma County District Court No. 08CR113
Honorable Douglas S. Walker, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Randle Paxton,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE PLANK*
Webb, J., concurs
Lichtenstein, J., specially concurs

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


Court of Appeals No. 10CA0023
Fremont County District Court No. 98CR342
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Justin David Connor,

Defendant-Appellant.

ORDER AFFIRMED IN PART, VACATED IN PART,
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. 11CA0108
Adams County District Court No. 08CR413
Honorable Chris Melonakis, Judge
Honorable Frederick M. Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terry Steve Vasquez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0403
Adams County District Court No. 10CR929
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jonathan Harding,

Defendant-Appellant.

SENTENCE AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2168
Pueblo County District Court No. 10CR1497
Honorable David W. Crockenberg, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Anthony Louis Paglione,

Defendant-Appellee.

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 Nos. 11CA2396 & 11CA2397
Industrial Claim Appeals Office of the State of Colorado

WC No. 4-502-555

Linda Silveira,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado,

Respondent,

and

Colorado Springs Health Partners, and American Compensation Insurance Company,

Respondents and Cross-Appellants.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2557
Industrial Claim Appeals Office of the State of Colorado
DD No. 21246-2011

Elizabeth L. Potter,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Douglas R. Sitter, LLC,

Respondents.

ORDER AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Nieto*, JJ., concur

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


Court of Appeals No. 12CA0501
Arapahoe County District Court No. 10CV1276
Honorable J. Mark Hannen, Judge

Igor Kaminer; Stan Zislis; and I & S, LLC, d/b/a Cannamart, a Colorado limited liability company,

Plaintiffs-Appellants,

v.

City of Littleton, Colorado, a Colorado home rule municipality; and Littleton Licensing Authority, a subdivision of the City of Littleton,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Nieto*, JJ., concur

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


Court of Appeals No. 12CA0773
Adams County District Court No. 11JV35
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.B., IV, a Child,

and Concerning J.B., III,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1349
Industrial Claim Appeals Office of the State of Colorado
DD No. 9539-2012

Carrie L. Nixon,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance,

Respondents.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 07CA1551

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Norman Michael Simpson,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1643

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger Raymond Hoag,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0072

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Genero Javon Zuniga,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0570

Rosa Payan; Guadalupe Arroyo; Saloman Martinez; Debra Gomez; Antonio Esquibel; and Julia Morgan,

Plaintiffs-Appellants,

v.

Nash Finch Company, d/b/a Avanza Supermarket,

Defendant-Appellee.

Opinion Modified and

Petition for Rehearing DENIED


Court of Appeals No. 11CA2205

Kyle W. Larson Enterprises, Inc., Roofing Experts, d/b/a The Roofing Experts,

Plaintiff-Appellant,

v.

Allstate Insurance Company,

Defendant-Appellee.

Opinion Modified and

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. 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 8, 2012

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