Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
Find A Lawyer Directory

Calendars


Colorado Court of Appeals Opinions || May 30, 2013

Colorado Court of Appeals -- May 30, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 10CA0034
El Paso District Court No. 09CR952
Honorable Ronald G. Crowder, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bryan Orlando Parada,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE LOEB
Terry and Ney*, JJ., concur

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


Court of Appeals No. 10CA0053
Adams County District Court No. 04CR3845
Honorable C. Scott Crabtree, Judge
Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roberto Martinez-Ruiz,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Dunn, JJ., concur

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


Court of Appeals No. 10CA0197
Adams County District Court No. 08CR1660
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Henry Alexander,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Román and Fox, JJ., concur

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


Court of Appeals No. 10CA1092
El Paso County District Court No. 09CR432
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Joseph Smith,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE DAILEY
Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 10CA1541
Boulder County District Court No. 08CR1124
Honorable Maria E. Berkenkotter, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Neal Kramer,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE TERRY
Loeb and Ney*, JJ., concur

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


Court of Appeals No. 10CA1971
Larimer County District Court No. 09CR1692
Honorable Stephen J. Schapanski, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Brian Kitzke,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0426
Adams County District Court No. 09CR3347
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Nicholas Sanchez,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1478
Mesa County District Court No. 94CR576
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nathan Ray Lucero,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE DUNN
Casebolt and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA1489
Pueblo County District Court No. 03PR120
Honorable Jill Mattoon, Judge

In re the Estate of Joseph L. Keleman, deceased.

Billie L. Champion,

Appellant,

v.

Barbara B. Carol and Casa Del Norte, LLC,

Appellees.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Carparelli, JJ., concur

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


Court of Appeals No. 11CA1675
City and County of Denver District Court No. 04CR549
Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Todd O’Conner Mayes,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Carparelli and Kapelke*, JJ., concur

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


Court of Appeals No. 11CA179
Adams County District Court No. 09CR3273
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Pamela Irene Branson,

Defendant-Appellant.

ORDERS AFFIRMED

Division III
Opinion by JUDGE DAILEY
Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 11CA2499
Jefferson County District Court No. 10CV5343
Honorable Brian D. Boatright, Judge
Honorable Stephen M. Munsinger, Judge

Steve Williams,

Plaintiff-Appellant,

v.

Clayton L. Durbin, individually; and as owner of Durbin Real Estate and Partnership, d/b/a Elmwood Apartments; and Adam Kuntze,

Defendants-Appellees.

JUDGMENT AND ORDER REVERSED
AND CASE REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE ROTHENBERG*
Furman and Booras, JJ., concur

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


Court of Appeals No. 12CA0113
Weld County District Court No. 08CR300
Honorable Thomas J. Quammen, Judge
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Abraham Olivas-Sepulbeda,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0768
Boulder County District Court No. 11CR540
Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Adam Ari Raszynski,

Defendant-Appellee.

RULINGS APPROVED IN PART AND DISAPPROVED IN PART

Division III
Opinion by JUDGE GABRIEL
Dailey and Bernard, JJ., concur

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


Court of Appeals No. 12CA0864
Douglas County District Court No. 09CV1629
Honorable Paul A. King, Judge

Dmitry Katsel and Helene Katsel,

Plaintiffs-Appellants,

v.

American Family Mutual Insurance Company and Gary J. Audi Agency, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE ROY*
Webb and Booras, JJ., concur

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


Court of Appeals No. 12CA0868
Fremont County District Court No. 10CV210
Honorable Julie G. Marshall, Judge

The Pueblo Bank and Trust Company,

Plaintiff-Appellee,

v.

Randy Lanosga, Jr. and Bennie Lou Lanosga,

Defendants-Appellants.

JUDGMENTS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Román and Fox, JJ., concur

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


Court of Appeals No. 12CA1229
Jefferson County District Court No. 10DR2771
Honorable Jack W. Berryhill, Judge

In re the Marriage of

Darcey Zaffree, n/k/a Darcey Saner,

Appellee,

and

Glenn John Zaffree,

Appellant.

ORDER REVERSED, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1312
Adams County District Court No. 11JD315
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Petitioner-Appellant,

In the Interest of E.M.,

Juvenile-Appellee.

ORDER AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Dailey and Bernard, JJ., concur

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


Court of Appeals No. 12CA1355
El Paso County District Court No. 05DR4016
Honorable Jann P. Dubois, Judge

In re the Marriage of

Scott R. Saunders,

Appellant,

and

Debra Dee Saunders,

Appellee.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Román and Fox, JJ., concur

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


Court of Appeals No. 12CA1395
City and County of Denver District Court No. 11CV7075
Honorable Robert L. McGahey, Jr., Judge

Regional Transportation District, a political subdivision of the State of Colorado,

Petitioner-Appellee,

v.

5200 LLC, a Colorado limited liability company,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE BERNARD
Dailey and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1634
Weld County District Court No. 11CV542
Honorable Dinsmore Tuttle, Judge

McGillis Investment Company, L.L.P.,

Plaintiff-Appellant,

v.

First Interstate Financial Utah, LLC, a Utah limited liability company; First Interstate Financial, LLC, a Nevada liability company; and Paul Thurston, Individually; and as Manager of First Interstate Financial Utah, LLC; and as Manager of First Interstate Financial, LLC,

Defendants-Appellees.

DECREE VACATED, JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART, AND CASE REMADED WITH DIRECTIONS

Division VII
Opinion by JUDGE TERRY
Loeb and Ney*, JJ., concur

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


Court of Appeals Nos. 12CA1917 & 12CA2162
Industrial Claim Appeals Office of the State of Colorado
WC Nos. 4-865-049-02 & 4-865-048-02

Victor Barrera,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; ABM Industries, Inc.; and Ace American Insurance Company,

Respondents.

ORDERS AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Dunn, JJ., concur

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


Court of Appeals No. 12CA2369
Industrial Claim Appeals Office of the State of Colorado
DD No. 8395-2011

Diva International, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Susan K. Carskadon,

Respondents.

ORDER AFFIRMED

Division VII
Opinion by JUDGE LOEB
Terry and Ney*, JJ., concur

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


Court of Appeals No. 13CA0325
Industrial Claim Appeals Office of the State of Colorado
DD No. 26049-2012

Lonnie N. Colglazier,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Heyl Construction, Inc.,

Respondents.

ORDER AFFIRMED

Division A
Opinion by JUDGE ROTHENBERG*
Davidson, C.J., and Ney*, J., concur

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


Court of Appeals No. 13CA0413
Pueblo County District Court No. 95MH502
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Dennis Merrell,

Respondent-Appellant.

ORDERS AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Dunn, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 07CA1044

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Mark Archuleta,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA0994

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jessica Renee Muniz,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1674

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Ray Wilbourn,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1939

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vanessa Ann Zubiate,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 12CA0402

Elizabeth Foster; Carolynn DeJaynes; Kenneth R. Shinn; Manuel I. Villareal; Joe Vance; Christopher St. Peters; Tiffany St. Peters; Gladys Holt, individually, and as mother and next friend of Alexandria Holt and Kyle Holt; Dalila Holt; Eric Thomas; Richard Aguirre; and Ortencia Aguirre,

Plaintiffs-Appellants,

v.

KTA-Tator, Inc.; Structural Integrity Associates, Inc.; and Graco, Inc.,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1250

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

Plaintiff-Appellant,

v.

Ken-Caryl Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,

Defendant-Appellee,

and

Jan Rousselot, Patricia Lynch, and Ruth Sundberg,

Intervenors-Appellees.

Opinion Modified and

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 || May 30, 2013

Back