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Colorado Court of Appeals Opinions || June 6, 2013

Colorado Court of Appeals -- June 6, 2013
Announcement Sheet

 

 

PUBLISHED OPINIONS

Court of Appeals No. 08CA0738
Arapahoe County District Court No. 06CR144
Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alberto Valles,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Graham and Hawthorne, JJ., concur


Court of Appeals No. 10CA2445
Douglas County District Court No. 09CR661
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dennis Floyd Foster,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV
Opinion by JUDGE WEBB
Hawthorne and Richman, JJ., concur


Court of Appeals No. 11CA2338
City and County of Denver District Court No. 11CR487
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger Moore,

Defendant-Appellant.

JUDGMENT VACATED

Division III
Opinion by JUDGE KAPELKE*
Furman, J., concurs
Booras, J., dissents


Court of Appeals No. 12CA0451
Jefferson County District Court No. 10CV4577
Honorable Lily W. Oeffler, Judge

Barbara Jordan,

Plaintiff-Appellee,

v.

Panorama Orthopedics & Spine Center, PC,

Defendant-Appellant.

JUDGMENT REVERSED

Division VII
Opinion by JUDGE J. JONES
Bernard, J., concurs
Richman, J., dissents


Court of Appeals No. 12CA0691
City and County of Denver District Court No. 10CV3833
Honorable Norman D. Haglund, Judge

Medical Lien Management, Inc., a Colorado corporation,

Plaintiff-Appellant and Cross-Appellee,

v.

Allstate Insurance Company, an Illinois corporation,

Defendant-Appellee and Cross-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE CASEBOLT
Sternberg* and Vogt*, JJ., concur


Court of Appeals Nos. 12CA0954 & 12CA1611
City and County of Denver District Court No. 10CV6385
Honorable Edward D. Bronfin, Judge

Moye White LLP, a Colorado limited liability partnership,

Plaintiff-Appellee,

v.

David I. Beren,

Defendant-Appellant.

JUDGMENT AND ORDER AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
ROMÁN and Sternberg*, JJ., concur


Court of Appeals No. 12CA1266
Colorado Board of Assessment Appeals
Nos. 57395 and 57396

Marsico Capital Management, LLC,

Petitioner-Appellant,

v.

Denver Board of County Commissioners,

Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

ORDER AFFIRMED

Division I
Opinion by JUDGE ROMÁN
Taubman and Fox, JJ., concur


Court of Appeals No. 12CA1556

Pueblo County District Court No. 11CV161

Honorable Jill S. Mattoon, Judge

Charlotte L. Ruiz,

Plaintiff-Appellant,

v.

Hope for Children, Inc.,

Defendant-Appellee.

JUDGMENT AFFIRMED

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


Court of Appeals No. 12CA1813
Jefferson County District Court No. 11CV4163
Honorable Jane A. Tidball, Judge

Coors Brewing Company; Rocky Mountain Metal Container, LLC; and MillerCoors, LLC,

Plaintiffs-Appellees and Cross-Appellants,

v.

City of Golden, Colorado; and Jeff Hansen, in his official capacity as Finance Director for the City of Golden, Colorado,

Defendants-Appellants and Cross-Appellees.

JUDGMENT AND ORDER AFFIRMED

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


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0783
Weld County District Court No. 05CR2082
Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Daub,

Defendant-Appellant.

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

Division VII
Opinion by JUDGE NEY*
Loeb and Terry, JJ., concur

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


Court of Appeals No. 09CA1794
Jefferson County District Court No. 08CR1555
Honorable M.J. Menendez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Susan Lynette Zalatan,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 09CA2167
City and County of Denver District Court No. 99CR4640
Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Visith Ny,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE KAPELKE*
Casebolt and Nieto*, JJ., concur

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


Court of Appeals No. 10CA0095
El Paso County District Court No. 08CR3937
Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald Benino Cruz,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE RICHMAN
Webb and Hawthorne, JJ., concur

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


Court of Appeals No. 10CA1729
City and County of Denver District Court No. 09CR1660
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Barbara Sue Hemker,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Furman and Miller, JJ., concur

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


Court of Appeals No. 10CA2123
Moffat County District Court No. 09CR198
Honorable Shelley A. Hill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tausha Lorraine Merwin,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE ROMÁN
Taubman and Fox, JJ., concur

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


Court of Appeals No. 11CA0156
Lake County District Court No. 03CV34
Honorable Karen Ann Romero, Judge

La Plata Mountain Resources, Inc.,

Plaintiff-Appellee and Cross-Appellant,

v.

Leadville Mining Corporation, a Colorado corporation,

Defendant,

and

Scot B. Hutchins and John H. Gasper,

Defendants-Appellants and Cross-Appellees.

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

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

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


Court of Appeals No. 11CA0292
City and County of Denver District Court No. 02CR2360
Honorable Christina Marie Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Trimble,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE NIETO*
Graham and Roy*, JJ., concur

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


Court of Appeals No. 11CA0530
Mesa County District Court Nos. 90CR75, 91CR30 & 91CR31
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Patrick L. Brenner,

Defendant-Appellant.

ORDERS AFFIRMED

Division VII
Opinion by JUDGE NEY*
Loeb and Terry, JJ., concur

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


Court of Appeals No. 11CA0602
Grand County District Court No. 06CR176
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Karin L. Leslie,

Defendant-Appellant.

ORDER AND JUDGMENT AFFIRMED

Division V
Opinion by JUDGE MILLER
Graham and Furman, JJ., concur

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


Court of Appeals No. 11CA2035
Clear Creek County District Court No. 08CR50
Honorable Russell H. Granger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Richard Allen,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE CARPARELLI
J. Jones and Booras, JJ., concur

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


Court of Appeals No. 12CA0818
El Paso County District Court No. 09CV7408
Honorable Deborah J. Grohs, Judge

State Bank,

Plaintiff,

v.

Space Village Properties, LLC; Southern Belle Construction, Inc.; Margaret H. Carnes; Lori L. Cox; Larry N. Carnes; and Lonnie R. Cox

Defendants-Appellants and Cross-Appellees,

v.

James Whidden and Laca-Loja, LLC,

Defendants-Appellees and Cross-Appellants.

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

Division IV
Opinion by JUDGE HAWTHORNE
Webb and Richman, JJ., concur

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


Court of Appeals Nos. 12CA0907 & 12CA1702
City and County of Denver District Court No. 11CV1003
Honorable Norman D. Haglund, Judge
Honorable Robert L. McGahey, Jr., Judge

Merridy Kay Baker and Sue Carol Kunda,

Plaintiffs-Appellants,

v.

Wood, Ris & Hames, Professional Corporation, a Colorado professional corporation; Donald L. Cook; and Barbara L. Brundin,

Defendants-Appellees.

JUDGMENT AND ORDER AFFIRMED AND
CASE REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE ROMÁN
Taubman and Fox, JJ., concur

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


Court of Appeals No. 12CA0996
Adams County District Court No. 10CV1732
Honorable C. Scott Crabtree, Judge

Kindred Nursing Centers West, L.L.C., d/b/a Malley Healthcare and Rehabilitation Center,

Plaintiff-Appellee,

v.

Marco F. Bendinelli,

Attorney-Appellant.

JUDGMENT AND ORDER AFFIRMED

Division V
Opinion by JUDGE FURMAN
Graham and Miller, JJ., concur

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


Court of Appeals No. 12CA2058
Arapahoe County District Court No. 01CV3673
Honorable Gerald J. Rafferty, Judge

Kenneth P. O’Hanlon, f/k/a Kenneth P. Hanlon,

Plaintiff-Appellee,

v.

American National Property and Casualty Company, a Missouri company,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE MILLER
Graham and Furman, JJ., concur

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


Court of Appeals No. 12CA2366
Industrial Claim Appeals Office of the State of Colorado
DD No. 3902-2012

Joanne M. Otero,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Kaiser Foundation Health Plan,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE HAWTHORNE
Webb and Richman, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA1743

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Pedro Osorio-Bahena,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 09CA2081

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Louis Madden,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA1075

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyson Curt Pfau,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1206

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shannon Nelson,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 12CA0569

Hunter Industries, Inc., a Colorado corporation,

Plaintiff-Appellant,

v.

Matthews Custom Homes, Inc., a Colorado corporation; Rick Matthews; Lisa Matthews; and Fred Matthews,

Defendants-Appellees.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0596

Leslie R. Evans and Esther H. Evans,

Plaintiffs-Appellants,

v.

BCB Properties, LLC, a Colorado limited liability company; and Alan Towbin,

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 || June 6, 2013

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