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Colorado Court of Appeals Opinions || November 7, 2013

Colorado Court of Appeals -- November 7, 2013
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals Nos.12CA1269 & 13CA0116
Larimer County District Court No. 10CV993
Honorable Dave Williams, Judge

In re the Estate of Carol S. Gattis, deceased.

Scott M. Gattis, Linda L. Spreitzer, and Amy G. Goeden, as Personal Representatives,

Appellees,

v.

John E. McNutt; Timothy A. McNutt; and Christopher L. Boortz,

Defendants-Appellants.

JUDGMENTS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE WEBB


Court of Appeals No.12CA1713
El Paso County District Court No. 09CV7189
Honorable Larry E. Schwartz, Judge

Colorado Community Bank,

Plaintiff-Appellee,

and

Victor Harshberger, Kenneth Adelberg, and Robert Williams,

Intervenors-Appellees,

v.

Walter E. “Gene” Hoffman and Oxford Resource & Management, Inc.,

Defendants-Appellants.

APPEAL DISMISSED IN PART
AND JUDGMENT AFFIRMED IN PART

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


 

Court of Appeals No.12CA1897
City and County of Denver District Court No. 11CV2567
Honorable Kenneth M. Laff, Judge

BP America Production Company,

Plaintiff-Appellee,

v.

Colorado Department of Revenue; and Barbara Brohl, in her official capacity as Executive Director of the Colorado Department of Revenue,

Defendants-Appellants.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE STERNBERG*
Loeb, C.J., and Vogt*, J., concur


Court of Appeals No.12CA2313
City and County of Denver District Court No. 11CV7798
Honorable A. Bruce Jones, Judge

Richard L. Anderson; Stephanie Allen; James N. Driesbach, M.D.; Nicholas G. Muller; Ray Blum, M.D.; K. Mason Howard, M.D.; Susan E. Ljunghag, M.D.; Richard Schaler, M.D.; and Richard Parker, M.D.,

Plaintiffs-Appellants,

v.

John W. Suthers, in his official capacity as Colorado Attorney General; HealthONE, d/b/a/ The Colorado Health Foundation, a Colorado nonprofit corporation; HealthONE of Denver, Inc., a Colorado corporation; and HCA HealthONE, LLC, a Colorado limited liability company,

Defendants-Appellees.

JUDGMENT AFFIRMED

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


Court of Appeals No.13CA0492
City and County of Denver District Court No. 12CR10125
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Geoffrey Hunt Stell,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.13CA1390
Larimer County District Court No. 12CV1654
Honorable Devin R. Odell, Judge

The Triple Crown at Observatory Village Association, Inc., a Colorado nonprofit corporation,

Plaintiff-Appellant,

v.

Village Homes of Colorado, Inc., a Colorado corporation; Peter Benson; Brian Graves; Mark McCallum; Rudy Hansch; Kelly Martinez; Ronald Hettinger; and Elyssa Blazier,

Defendants-Appellees.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division A
Opinion by JUDGE WEBB
Gabriel, J., concurs
Terry, J., dissents


UNPUBLISHED OPINIONS

Court of Appeals No. 12CA0308
Arapahoe County District Court No. 00CR805
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Oloyea Donald Wallin,

Defendant-Appellant.

ORDER 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. 12CA0362
City and County of Denver District Court No. 08CR4189
Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Celso Guevera-Ramirez,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE WEBB
Richman, J., concurs
Rothenberg*, J., dissents

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


Court of Appeals No. 12CA1389
Park County District Court No. 07CV321
Honorable Charles M. Barton, Judge

Board of County Commissioners of the County of Park; Upper South Platte Water Conservancy District; Center of Colorado Water Conservancy District; Centennial Water and Sanitation District; and City of Thornton,

Plaintiffs-Appellees and Cross-Appellants,

v.

Park County Sportsmen’s Ranch, LLP, a Colorado limited liability partnership; JJWM, LLP, a Colorado limited liability partnership; Win Company, a partnership; Maude Company, a partnership; James E. Medema; Melvin W. Medema; James L. Jehn; and Audley Schaap,

Defendants-Appellants and Cross-Appellees.

ORDER 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. 12CA2077
City and County of Denver District Court No. 11CV5435
Honorable Robert L. McGahey, Jr., Judge

Kelley Harmon and Terry Harmon,

Plaintiffs-Appellees,

v.

Leslie New,

Defendant-Appellant.

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. 12CA2269
Jefferson County District Court No. 11CR162
Honorable Christopher C. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Maurice John Beck,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE TERRY
Kapelke* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA2427
Pitkin County District Court No. 12CV99|
Honorable Gail H. Nichols, Judge

James Ryan Haldeman,

Plaintiff-Appellant,

v.

Colorado Department of Revenue, Motor Vehicle Division,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE DUNN
Bernard, J. concurs
Webb, J., dissents

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


Court of Appeals No. 12CA2467
Arapahoe County District Court No. 12JV966
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of P.W., a Child, and Concerning M.A.,

Respondent-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE ROY*
Loeb, C.J., concurs
Terry, J., dissents

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


Court of Appeals No. 12CA2541
Boulder County District Court No. 11CV1195
Honorable D.D. Mallard, Judge

Cherie Berthod,

Plaintiff-Appellant,

v.

Boulder County Board of Adjustment; Bill Van Dusen, in his official capacity as member of the Boulder County Board of Adjustment; Douglas McLaughlin, in his official capacity as member of the Boulder County Board of Adjustment; Jim Drevescraft, in his official capacity as member of the Boulder County Board of Adjustment; Hal Osteen, in his official capacity as member of the Boulder County Board of Adjustment; and Dan Cohen, in his official capacity as member of the Boulder County Board of Adjustment;

Defendants-Appellees.

JUDGMENT 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. 13CA0746
City and County of Denver District Court No. 99CR678
Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hubert Underwood,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE VOGT*
Terry and Kapelke*, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 12CA0515

Keith Frazier,

Plaintiff-Appellant,

v.

Colorado Department of Corrections (CDOC); Raemisch, Executive Director of the Colorado Department of Corrections; Allen, (CDOC); Griffin, Correctional Officer, KCCC; Sloan, Assistant Warden, KCCC (now Warden, BCCF); Arnold, Correctional Officer, KCCC; Vaughn, Captain, KCCC; Cynthia Wilkinson, A Unit Manager, KCCC; Greg Wilkinson, B Unit Manager, KCCC; D. Carter, Sergeant, Hearing Officer, KCCC; Hoyt Brill, Warden, KCCC; Larry Cox, C Unit Manager, KCCC (now Chief of Security, BCCF); Brownfield, Instructor, KCCC; Erhart, Captain, KCCC; Steve Phillips, Property Officer, KCCC (now Correctional Officer, BCCF); Winfield, Programs Manager, KCCC; Jackson, Sergeant, Hearing Officer, KCCC; Brion Ferrell, VP State Customer Relations, CCA; and Newberry, Sergeant, Hearing Officer, KCCC,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0826

Alexis Gevorgian; Odet Najarian; and AMG & Associates, LLC, a California limited liability company,

Plaintiffs-Appellants and Cross-Appellees,

v.

NBH Bank, N.A. and CBC West Range I, LLC,

Defendants-Appellees and Cross-Appellants.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1013

Annette Berenson,

Plaintiff-Appellant,

v.

USA Hockey, Inc., a District of Columbia non-profit corporation; and Colorado Ice Hockey Referees Association, a Colorado non-profit unincorporated association,

Defendants-Appellees.

Petition for Rehearing DENIED
Dailey, J., would GRANT


Court of Appeals No. 12CA1139

Wade Cole,

Plaintiff-Appellant,

v.

Roger Werholtz, Interim Executive Director of the Colorado Department of Corrections and Dr. Anthony Young, Chair of the Colorado Board of Parole,

Defendants-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. 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 || November 7, 2013

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