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Colorado Court of Appeals Opinions || August 15, 2013

Colorado Court of Appeals -- August 15, 2013
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.10CA0131
El Paso County District Court No. 08CR5062
Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado, Plaintiff-Appellee,

v.

Denise Lynne Presson,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE HAWTHORNE


Court of Appeals No.11CA2315
El Paso County District Court No. 11CR288
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Beau Thomas Russell,

Defendant-Appellant.

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

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


Court of Appeals No.11CA2366
Fremont County District Court No. 07CR350
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Charles Johnson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE TERRY


Court of Appeals No.12CA1034
Arapahoe County District Court No. 11CV2239
Honorable Charles M. Pratt, Judge

Mountain-Plains Investment Corporation; John Robert Fetters, Jr.; Joann Dransfeldt Fetters; A. Sue Fetters; and John R. Fetters III,

Plaintiffs-Appellants and Cross-Appellees,

v.

Parker Jordan Metropolitan District, a quasi-municipal organization,

Defendant-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART

Division V
Opinion by JUDGE PLANK*
Carparelli and Terry, JJ., concur


Court of Appeals No.12CA1047
Industrial Claim Appeals Office of the State of Colorado
DD No. 30859-2011

Yotes, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Peter Z. Miller,

Respondents.

ORDER SET ASIDE

Division V
Opinion by JUDGE CARPARELLI


Court of Appeals No.12CA1396
Weld County District Court No. 11CV609
Honorable Daniel S. Maus, Judge

CapitalValue Advisors, LLC, a Colorado limited liability company, d/b/a CapitalValue M & A LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

K2D, Inc., a Colorado corporation, d/b/a Colorado Premium Foods; Kevin LaFleur; Don Babcock; and Triton Capital Partners, Ltd., an Illinois corporation,

Defendants-Appellees.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE BOORAS
Dailey and Furman, JJ., concur


Court of Appeals No.12CA2437
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-834-668

Ty Winter, Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; City of Trinidad; and CIRSA,

Respondents.

ORDER AFFIRMED

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


UNPUBLISHED OPINIONS
 
Court of Appeals No. 10CA0176
Arapahoe County District Court No. 00CR1849
Honorable William B. Sylvester, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Albert Don Burks,

Defendant-Appellant.

ORDER 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. 11CA0909
El Paso County District Court No. 09CR1314
Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terry L. Gaines,

Defendant-Appellant.

JUDGMENT 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. 11CA1125
Arapahoe County District Court No. 07CR2465
Honorable John L. Wheeler, Judge

Honorable Gerald Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Humberto Martinez-Vieyra,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur

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


Court of Appeals No. 11CA1277
Arapahoe County District Court No. 08CR582
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nathan Alem,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA1743
Jefferson County District Court No. 03CR3558
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Juan Carlos Marin,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA1785
Jefferson County District Court No. 10CR2804
Honorable Christie B. Phillips, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marla Kay Warren,

Defendant-Appellant.

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. 11CA2089
Larimer County District Court No. 00CR1393
Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeramiah Nathanial Houston,

Defendant-Appellant.

ORDER VACATED AND APPEAL DISMISSED

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

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


Court of Appeals No. 11CA2128
Larimer County District Court No. 10CR1792
Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Greg Davis Dalton,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0935
City and County of Denver District Court No. 11DR2908
Honorable Michael J. Vallejos, Judge

In re the Marriage of

Stacy Lynette McKeehan, Appellee,

and

Michael David Perez, Jr., Appellant.

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

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

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


Court of Appeals No. 12CA1026
Eagle County District Court No. 05DR156
Honorable Russell H. Granger, Judge

In re the Marriage of

Kimberley J. Newbury, f/k/a Kimberley Ruotolo,

Appellant and Cross-Appellee, and

Timothy S. Ruotolo,

Appellee and Cross-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1035
El Paso County District Court No. 04DR2586
Honorable Theresa M. Cisneros, Judge

In re the Marriage of

Melinda L. Thorell,

Petitioner, and

Bradley Alan Thorell,

Appellant,

and Concerning El Paso County Child Support Enforcement Unit,

Intervenor.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE CARPARELLI
Booras and Nieto*, JJ., concur

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


Court of Appeals No. 12CA1126
Weld County District Court No. 10DR806
Honorable Marcelo A. Kopcow, Judge

In re the Marriage of

Diane R. Gibbs, n/k/a Diane R. Cranston,

Appellant,

and

James G. Gibbs,

Appellee.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,
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 No. 12CA1193
Crowley County District Court No. 11CV64
Honorable Michael Schiferl, Judge

Michael L. Thompson,

Plaintiff-Appellant,

v.

The People of the State of Colorado; Colorado Department of Corrections; Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections; John W. Suthers, in his official capacity as the Attorney General of the State of Colorado; and the Colorado Parole Board,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE DUNN
Casebolt and Márquez*, JJ., concur

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


Court of Appeals No. 12CA1285
Arapahoe County District Court No. 10CR503
Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Allan McWee,

Defendant-Appellant.

SENTENCE AFFIRMED

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

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


Court of Appeals No. 12CA1424
Weld County District Court No. 09CR2139
Honorable Julie C. Hoskins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mariana Angelica Vega,

Defendant-Appellant.

ORDER REVERSED 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 No. 12CA1454
Colorado Racing Commission
Case No. 11-0869

Wesley Giles, Melvin Neugebauer, and Marty Neugebauer,

Petitioners-Appellants,

v.

Colorado Department of Revenue, Colorado Racing Commission,

Respondent-Appellee.

AND

Court of Appeals No. 12CA1455
Colorado Racing Commission
Case No. 11-0895

Elizabeth Brand,

Petitioner-Appellant,

v.

Colorado Department of Revenue, Colorado Racing Commission,

Respondent-Appellee.

AND

Court of Appeals No. 12CA1456
Colorado Racing Commission
Case No. 11-0870

Farrell Christoffersen and Willard Burbach,

Petitioners-Appellants,

v.

Colorado Department of Revenue, Colorado Racing Commission,

Respondent-Appellee.

ORDERS AFFIRMED

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

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


Court of Appeals No. 12CA1753
Crowley County District Court No. 12CV5
Honorable Michael Schiferl, Judge

Eric Davis,

Plaintiff-Appellant,

v.

Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections; and Warden of Arkansas Valley Correctional Facility,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1787
Summit County District Court No. 11CV180
Honorable Karen Ann Romeo, Judge

Crossroads Condominium Owners Association, Inc., a Colorado nonprofit corporation,

Plaintiff-Appellant,

v.

Countrywide Home Loans, Inc., d/b/a America’s Wholesale Lender, Inc.,

Defendant-Appellee.

ORDER 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. 12CA1899
Adams County District Court No. 11CV1697
Honorable C. Scott Crabtree, Judge

Thomas Fino,

Plaintiff-Appellee,

v.

Daniel Edward Fino,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

NOT

Court of Appeals No. 12CA1963
City and County of Denver District Court No. 12CV3804
Honorable Kenneth M. Plotz, Judge

Martin Foster Egelhoff,

Plaintiff-Appellee,

v.

Lesley Joe Taylor,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA2054
Industrial Claim Appeals Office of the State of Colorado
DD No. 12720-2012

Samuel Cardenas,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Longmont Preschool Corporation,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2184
Fremont County District Court No. 11CV184
Honorable Stephen A. Groome, Judge

Philip A. Stalkup,

Plaintiff-Appellant,

v.

Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections; and Warden of Skyline Correctional Facility,

Defendants-Appellees.

ORDER 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. 12CA2389
Douglas County District Court No. 12CV1073
Honorable Richard B. Caschette, Judge

John Patrick Andrews,

Plaintiff-Appellant,

v.

Colorado Department of Revenue, Division of Motor Vehicles; and Richard Carroll, Hearing Officer,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Booras and Nieto*, JJ., concur

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


Court of Appeals No. 13CA0037
Larimer County District Court No. 11JV260
Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning T.C. and M.H.,

Respondents-Appellants.

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. 13CA0103
Arapahoe County District Court No. 00CR2772
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesse James Miller,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0113
Adams County District Court No. 11JV249
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning J.B.,

Respondent-Appellant.

JUDGMENT 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. 13CA0247
El Paso County District Court No. 12CR4444
Honorable Ronald G. Crowder, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Lorenzo Lawrence Harvey,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA0468
Industrial Claim Appeals Office of the State of Colorado
DD No. 15631-2012

Benjamin R. Wullschlager,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0471
City and County of Denver Juvenile Court No. 12JV95
Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.M.E.S. and J.F.S., Children, and Concerning C.F.S. and M.J.S.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division II
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur

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


Court of Appeals No. 13CA0561
Industrial Claim Appeals Office of the State of Colorado
DD No. 28040-2012

Gina J. Choi,

Petitioner,

v.

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

Respondents.

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. 13CA0578
City and County of Denver Juvenile Court No. 11JV1
Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.M.W-M., A.M.N.W-M., and A.L.Y.W-M., Children, and Concerning C.A.W.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Plank*, J., concur

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


Court of Appeals No. 13CA0584
Industrial Claim Appeals Office of the State of Colorado
DD No. 274-2013

Jan Wertheimer,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Excelsior Enterprises, Inc.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0620
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-865-189

Pa Saine,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Pinnacol Assurance; and Development Pathways, Inc.,

Respondents.

ORDER 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. 13CA0625
Adams County District Court No. 12JV136
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.Q-S., I.S., and C.L-S., Children, and Concerning J.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE PLANK*
Davidson, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 13CA0772
Industrial Claim Appeals Office of the State of Colorado
DD No. 1178-2013

Craig M. Lombardi,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and WSI Personnel Services, Inc.,

Respondents.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals Nos. 12CA0156 & 12CA0157

James C. Smith and Dona Laurita,

Plaintiffs-Appellees,

v.

Alan W. Kinningham and Accelerated Network Solutions, Inc., Defendants-Appellants.

Petition for Rehearing DENIED


Court of Appeals No. 12CA0645

Shirlean Woods Milton and Theo Milton,

Plaintiffs-Appellants,

v.

U.S. Bank, a Colorado Banking Association; and Denver Public Trustee, Defendants-Appellees.

Petition for Rehearing DENIED

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



 

Court of Appeals No.12CA0786  The People of the State of Colorado, Plaintiff-Appellee,

v.

Gesere Q. Henry,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No.12CA1261

Just In Case Business Lighthouse, LLC, a Colorado limited liability company, Plaintiff-Appellee,

v.

Patrick Murray,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED



 

Court of Appeals No. 12CA1636

Julie Wellinger, as Personal Representative of the Estate of Jeffrey L. Wellinger, deceased,

Plaintiff-Appellee,

v.

Laszlo Bagi, Wendy Bagi, and Bagi Mechanical, LLC,

Defendants-Appellants.

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 || August 15, 2013

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