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Colorado Court of Appeals Opinions || October 31, 2013

Colorado Court of Appeals -- October 31, 2013
Announcement Sheet

 

 

 

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1252
City and County of Denver District Court No. 05CR5882
Honorable William D. Robbins, Judge
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marvin Richardson,

Defendant-Appellant.

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

Division V
Opinion by JUDGE PLANK*
Richman and Navarro, JJ., concur

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


Court of Appeals No. 09CA2544
Arapahoe County District Court No. 03CR606
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Francisco Selman,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Richman and Navarro, JJ., concur

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


Court of Appeals No. 09CA2587
El Paso County District Court No. 09CR797
Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Dale Woodrum,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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. 10CA1834
Jefferson County District Court No. 08CR3564
Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cheryl Fugett,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE CARPARELLI
Furman and Gabriel, JJ., concur

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


Court of Appeals No. 10CA2116
Boulder County District Court No. 09CR413
Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Louis Robert Gutierrez,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED
AND CASE REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Lichtenstein and Miller, JJ., concur

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


Court of Appeals No. 10CA2364
Adams County District Court No. 05CR3098
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gerardo Joel Delacruz,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE KAPELKE*
Román and J. Jones, JJ., concur

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


Court of Appeals No. 11CA1072
Pueblo County District Court No. 09CR1740
Honorable Thomas B. Flesher, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Joe Trujillo,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE NAVARRO
Graham and Richman, JJ., concur

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


Court of Appeals No. 11CA1273
Mesa County District Court No. 10CR6
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald E. Ellison,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1890
Jefferson County District Court No. 10CR2446
Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steve K. Gordon,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE RICHMAN
Navarro and Roy*, JJ., concur

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


Court of Appeals No. 11CA2235
Arapahoe County District Court No. 10DR2814
Honorable Valeria N. Spencer, Judge

In re the Marriage of

Tracey Somo,

Appellee,

and

Ashor Somo,

Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE J. JONES
Román and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0143
City and County of Denver District Court No. 07CR10255
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Elias Ramirez,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Lichtenstein and Miller, JJ., concur

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


Court of Appeals Nos. 12CA0223 & 12CA0922
City and County of Denver District Court No. 10CV2008
Honorable Catherine A. Lemon, Judge

Zykronix, Inc., a Colorado corporation,

Plaintiff-Appellant,

v.

Advantech Company, Ltd.,

Defendant-Appellee.

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

Division VI
Opinion by JUDGE PLANK*
Furman and Gabriel, JJ., concur

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


Court of Appeals No. 12CA0944
City and County of Denver District Court No. 08CV10601
Honorable Brian R. Whitney, Judge

SA Neurelec, a subsidiary of SAS MXM,

Plaintiff-Appellee,

v.

Otologics, LLC, a Missouri limited liability company; Laurent Badih; Olivier Le Caharec; Guilhem Vavelin; Thomas Leroux; Vincent Jourdes; Denis Dupeyron; Farid Moumane; and Jose Bedoya,

Defendants-Appellants.

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

Division V
Opinion by JUDGE RICHMAN
Graham and Navarro, JJ., concur

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


Court of Appeals No. 12CA0999
City and County of Denver District Court No. 10CV1158
Honorable William H. Hood, III, Judge

North Denver Industrial I, LLC,

Plaintiff-Appellee,

v.

Mel R. Eskanos, Louise Eskanos, and Robby Eskanos,

Defendants-Appellants.

JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART

Division IV
Opinion by JUDGE WEBB
Bernard and Dunn, JJ., concur

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


Court of Appeals No. 12CA1276
City and County of Denver District Court No. 10CV649
Honorable Kenneth M. Laff, Judge

Akeem A. Makeen,

Plaintiff-Appellant,

v.

Theresa A. Hailey,

Defendant,

and

Allison J. Ordway,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE DUNN
Webb and Bernard, JJ., concur

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


Court of Appeals No. 12CA1388
City and County of Denver District Court No. 10CV7830
Honorable Ann B. Frick, Judge

Monaco Place Association, Inc.,

Plaintiff-Appellee,

v.

Van Der Jagt 2003 Family Trust,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE FOX
Hawthorne and Booras, JJ., concur

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


Court of Appeals No. 12CA1525
City and County of Denver District Court No. 10CV8716
Honorable Michael A. Martinez, Judge

Hipolito Martinez, a/k/a Paul Martinez,

Plaintiff-Appellant,

v.

Gloria Najera,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Bernard and Dunn, JJ., concur

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


Court of Appeals No. 12CA1561
Industrial Claims Appeals Office of the State of Colorado
WC No. 4-783-192

City of Golden and Colorado Intergovernmental Risk Sharing Agency,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado and Kevin Milan,

Respondents.

ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE NAVARRO
Richman and Roy*, JJ., concur

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


Court of Appeals No. 12CA1616
Boulder County District Court No. 11CR1379
Honorable James C. Klein, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Isaak V. Soltanovich,

Defendant-Appellant.

SENTENCE VACATED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Lichtenstein and Miller, JJ., concur

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


Court of Appeals No. 12CA1633
City and County of Denver District Court No. 10CV7791
Honorable J. Eric Eliff, Judge

Malaga, LLC, a Nevada limited liability company; and Edson Hutchinson,

Plaintiffs-Appellants,

v.

Colorado West Insurance Services, Inc., a corporation,

Defendant-Appellee.

ORDER VACATED

Division V
Opinion by JUDGE RICHMAN
Graham and Ney*, JJ., concur

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


Court of Appeals No. 12CA1715
City and County of Denver District Court No. 10CV4747
Honorable Ann B. Frick, Judge

John Gregory and Mary Lou Gregory,

Plaintiffs-Appellants,

v.

Fidelity National Title Insurance Company and Fidelity National Financial, Inc.,

Defendants-Appellees.

JUDGMENT AND ORDER AFFIRMED

Division V
Opinion by JUDGE NAVARRO
Graham and Richman, JJ., concur

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


Court of Appeals No. 12CA1934
Adams County District Court No. 11CR2640
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Dale Barton,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE CARPARELLI
Furman and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1998
Board of Assessment Appeals
Case No. 56179

Mobelisk LLC,

Petitioner-Appellant,

v.

Jefferson County Board of County Commissioners,

Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE BERNARD
Webb and Dunn, JJ., concur

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


Court of Appeals No. 12CA2102
Jefferson County District Court No. 10CV4577
Honorable Lily W. Oeffler, Judge

Barbara Jordan,

Plaintiff-Appellee,

v.

Panorama Orthopedics & Spine Center, PC,

Defendant,

and

Michael J. Adams, Esq., Thomas E. Hames, Esq., and Ray Lego & Associates,

Defendants-Appellants.

ORDER AFFIRMED

Division III
Opinion by JUDGE J. JONES
Román and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA2146
Clear Creek County District Court No. 12CV18
Honorable Russell H. Granger, Judge

Silver Plume Preservation, Inc.,

Plaintiff-Appellant,

v.

Town of Silver Plume, Colorado, a municipal corporation; Town Council of Silver Plume, Colorado; and Timberline Disposal, Inc., a Colorado corporation,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE MILLER
Taubman and Lichtenstein, JJ., concur

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


Court of Appeals No. 12CA2230
Weld County District Court No. 95CR495
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Estrada,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE RICHMAN
Graham and Navarro, JJ., concur

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


Court of Appeals No. 12CA2391
Routt County District Court No. 11CV141
Honorable Shelley A. Hill, Judge

Terrill’s Cabin, LLC, a Colorado limited liability company,

Plaintiff-Appellee,

v.

Cross Mountain Ranch Limited Partnership, a California limited partnership,

Defendant-Appellant.

ORDERS AFFIRMED

Division V
Opinion by JUDGE NAVARRO
Richman and Roy*, JJ., concur

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


Court of Appeals No. 12CA2555
El Paso County District Court No. 12CV302
Honorable Thomas K. Kane, Judge

Dennis Buschman,

Plaintiff-Appellant,

v.

Phebe Paetsch,

Defendant-Appellee.

ORDER AFFIRMED

Division III
Opinion by JUDGE ROMÁN
J. Jones and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA2595
Board of Assessment Appeals
No. 60522

Albert Parker, Jr.,

Petitioner-Appellant,

v.

Larimer County Board of Commissioners,

Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

ORDER AFFIRMED

Division III
Opinion by JUDGE J. JONES
Román and Kapelke*, JJ., concur

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


Court of Appeals No. 13CA0078
Industrial Claim Appeals Office of the State of Colorado
DD No. 14026-2012

Donna A. Calabrese,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and George W. Stroberg, DVM, PC,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE CARPARELLI
Furman and Gabriel, JJ., concur

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


Court of Appeals No. 13CA0378
Adams County District Court Nos. 06CR3887 & 07CR257
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Lucky Denny,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE WEBB
Bernard and Dunn, JJ., concur

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


Court of Appeals No. 13CA0728
Douglas County District Court No. 10JV28
Honorable Richard B. Caschette, Judge

Honorable Beth A. Elliott-Dumler, Magistrate

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.E.T., a Child,

and Concerning R.R.T.,

Respondent-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1035
Industrial Claim Appeals Office of the State of Colorado
DD No. 8037-2013

Bobby Castaneda,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Lichtenstein and Miller, JJ., concur

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


Court of Appeals No. 13CA1055
Elbert County District Court No. 11JV13
Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of H.W. and H.W., Children,

and Concerning J.U.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE LICHTENSTEIN
Taubman and Miller, JJ., concur

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


Court of Appeals No. 13CA1065
Mesa County District Court No. 13CA1065
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of G.M., Child,

and Concerning T.M., f/k/a T.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE MILLER
Taubman and Lichtenstein, JJ., concur

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


Court of Appeals No. 13CA1182
Larimer County District Court No. 10JV128
Honorable David E. Williams, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning N.L.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE RICHMAN
Graham and Navarro, JJ., concur

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


Court of Appeals No. 13CA1205
Mesa County District Court No. 11JV425
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning S.R.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE MÁRQUEZ*
Loeb, C.J., and Ney*, J., concur

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


Court of Appeals No. 13CA1275
Industrial Claim Appeals Office of the State of Colorado
DD No. 8063-2013

Susanne Price,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Amerigas Propane Incorporated,

Respondents.

ORDER AFFIRMED

Division III
Opinion by JUDGE NEY*
Román and J. Jones, JJ., concur

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


Court of Appeals No. 13CA1324
Industrial Claim Appeals Office of the State of Colorado
DD No. 8198-2013

Adam G. Nickerson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Whole Foods Market Southwest LP,

Respondents.

ORDER AFFIRMED

Division III
Opinion by JUDGE ROMÁN
J. Jones and Ney*, JJ., concur

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


Court of Appeals No. 13CA1357
Larimer County District Court No. 12JV393
Honorable Devin R. Odell, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning T.A.D.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE NAVARRO
Graham and Richman, JJ., concur

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


Court of Appeals No. 13CA1366
Industrial Claim Appeals Office of the State of Colorado

DD No. 9544-2013

Theresa Kolososki,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Cardinal Group Management & Advisor,

Respondents.

ORDERS AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Carparelli and Furman, JJ., concur

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


Court of Appeals No. 13CA1399
Industrial Claim Appeals Office of the State of Colorado
DD No. 10692-2013

Joseph A. Browder,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and GSO Investments LLC,

Respondents.

ORDER AFFIRMED

Division III
Opinion by JUDGE J. JONES
Román and Ney*, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA1865

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kim M. Fuerst,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2225

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Corey Mitchel Elmquist,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0505

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael T. Ricks,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0587

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jan Robin Gerards,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0882

Sheri L. Grossman,

Plaintiff-Appellant,

v.

C. Brad Sisson, M.D.,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2039

Church of God, Colorado Conference, a Colorado nonprofit corporation,

Plaintiff-Appellee and Cross-Appellant,

v.

West Valley Community Church, a Colorado nonprofit corporation,

Defendant-Appellant and Cross-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1992

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Major Daniel Vann,

Defendant-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. 2013.

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 || October 31, 2013

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