-1- ANNOUNCEMENTS Colorado Court of Appeals February 13, 2014

Transcription

1 -1- COLORADO COURT OF APPEALS FEBRUARY 13, 2014 Slip opinions are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced. P U B L I S H E D O P I N I O N S Court of Appeals No. 12CA0004 Pueblo County District Court No. 10CR1368 Honorable Thomas B. Flesher, Judge Farouk Nagi, JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Dunn, J., concurs Lichtenstein, J., dissents

2 -2- Court of Appeals No. 13CA0517 Grand County District Court No. 12CV132 Honorable Mary C. Hoak, Judge Salynda E. Fleury, individually, on behalf of Indyka Norris and Sage Norris, and as surviving spouse of Christopher H. Norris, Plaintiff-Appellant, IntraWest Winter Park Operations Corporation, Defendant-Appellee. JUDGMENT AFFIRMED Division VII Opinion by JUDGE FOX Navarro, J., concurs J. Jones, J., dissents

3 -3- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 09CA1701 El Paso County District Court No. 09CR1716 Honorable Barney Iuppa, Judge Camillo Carl Girardi, SENTENCE AFFIRMED Division III Opinion by JUDGE DAILEY Terry and Miller, JJ., concur Court of Appeals No. 09CA2434 Adams County District Court No. 96CR2164 Honorable Francis C. Wasserman, Judge Justin Joseph Rueb, Division VII Opinion by JUDGE J. JONES Fox and Navarro, JJ., concur

4 -4- Court of Appeals No. 11CA0220 Arapahoe County District Court No. 10CR451 Honorable Gerald J. Rafferty, Judge Howard William Moore, JUDGMENT AFFIRMED Division VII Opinion by JUDGE FOX J. Jones and Navarro, JJ., concur Court of Appeals No. 11CA0434 Douglas County District Court No. 98CR264 Honorable Nancy A. Hopf, Judge Honorable Scott W. Lawrence, Judge Nathan Gayle Ybanez, JUDGMENT AFFIRMED, IN PART AND REVERSED IN PART, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE VOGT* Hawthorne and Gabriel, JJ., concur

5 -5- Court of Appeals No. 11CA0963 Weld County District Court No. 09CR1332 Honorable Dinsmore Tuttle, Judge Richard Charles Norton, JUDGMENT AFFIRMED Division III Opinion by JUDGE MILLER Dailey and Terry, JJ., concur Court of Appeals No. 11CA1133 Arapahoe County District Court No. 10CR1919 Honorable Michael Spear, Judge Archie Lamar Hines, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE LICHTENSTEIN Hawthorne and Gabriel, JJ., concur

6 -6- Court of Appeals No. 11CA1518 Douglas County District Court No. 09CR72 Honorable Vincent R. White, Judge Kenneth Ronald Studdard, Jr., Division VII Opinion by JUDGE NIETO* Loeb, C.J., and Vogt*, J., concur Court of Appeals No. 11CA2228 Adams County District Court No. 04CR2928 Honorable Chris Melonakis, Judge Lawrence Samuel Lopez, Division III Opinion by JUDGE TERRY Dailey and Miller, JJ., concur

7 -7- Court of Appeals No. 11CA2513 Jefferson County District Court No. 10CR3123 Honorable Christopher J. Munch, Judge Mark L. Madden, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE GABRIEL Hawthorne and Lichtenstein, JJ., concur Court of Appeals No. 12CA0854 Boulder County District Court Nos. 10CR237 & 10CR242 Honorable Thomas F. Mulvahill, Judge Largo Constantine Mitchell, JUDGMENT AFFIRMED Division VII Opinion by JUDGE NAVARRO J. Jones and Fox, JJ., concur

8 -8- Court of Appeals No. 12CA0977 City and County of Denver District Court No. 08CR5932 Honorable Shelley I. Gilman, Judge Ronald L. Aragon, Division VI Opinion by JUDGE LICHTENSTEIN Hawthorne and Gabriel, JJ., concur Court of Appeals No. 12CA1462 City and County of Denver District Court No. 11CV6022 Honorable Ann B. Frick, Judge Willie H. Acker, A.D. Grayson Investment, Inc., a Colorado corporation; and Alfred D. Grayson, Defendants-Appellants. JUDGMENT AFFIRMED Division III Opinion by JUDGE DAILEY Terry and Miller, JJ., concur

9 -9- Court of Appeals No. 12CA1544 Las Animas County District Court No. 10CR120 Honorable Leslie J. Gerbracht, Judge Harold R. Martin, Division III Opinion by JUDGE MILLER Dailey and Terry, JJ., concur Court of Appeals No. 12CA2173 Larimer County District Court Nos. 10CR653 & 11CR737 Honorable Stephen E. Howard, Judge Severo Lombardo, Jr., Division VII Opinion by JUDGE FOX J. Jones and Navarro, JJ., concur

10 -10- Court of Appeals No. 12CA2209 Douglas County District Court No. 11CV936 Honorable Paul A. King, Judge Danvis S. Smith, Plaintiff-Appellant, State Farm Mutual Automobile Insurance Company, Defendant-Appellee. JUDGMENT AFFIRMED Division VI Opinion by JUDGE HAWTHORNE Lichtenstein and Gabriel, JJ., concur Court of Appeals No. 12CA2232 Douglas County District Court No. 97DR141 Honorable Christopher C. Cross, Judge Honorable Vincent R. White, Judge In re the Marriage of Julie D. Jones, f/k/a Julie D. Schmitt, Appellee, and James D. Schmitt, Appellant. APPEAL DISMISSED Division VI Opinion by JUDGE HAWTHORNE Lichtenstein and Gabriel, JJ., concur

11 -11- Court of Appeals No. 12CA2246 Jefferson County District Court No. 11CV3094 Honorable Christopher J. Munch, Judge Stacy Giffin, Plaintiff-Appellant, David L. Miller, d/b/a Shady Brook Apartments, Defendant-Appellee. JUDGMENT AFFIRMED Division VII Opinion by JUDGE NAVARRO J. Jones and Fox, JJ., concur Court of Appeals No. 12CA2280 Weld County District Court No. 11CR217 Honorable Todd L. Taylor, Judge Arthur Chacon, Division VI Opinion by JUDGE GABRIEL Hawthorne and Lichtenstein, JJ., concur

12 -12- Court of Appeals No. 12CA2294 Douglas County District Court No. 11CV2150 Honorable Richard B. Caschette, Judge Donald J. Richardson and Jeanne M. Richardson, Plaintiffs-Appellants, Gary A. Marudas and Donna D. Marudas, Defendants-Appellees. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE ROY* Webb and Bernard, JJ., concur Court of Appeals No. 12CA2636 City and County of Denver District Court No. 94DR1304 Honorable William D. Robbins, Judge In re the Marriage of Jena Kay Soward Dickey, Appellee, and Gary Donald Dickey, Appellant. AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE MILLER Dailey and Terry, JJ., concur

13 -13- Court of Appeals No. 12CA2642 Eagle County District Court No. 11DR251 Honorable R. Thomas Moorhead, Judge In re the Marriage of Charles W. Sepmeier, Appellee, and Linnea Hayda, Appellant. JUDGMENT VACATED IN PART, AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE GABRIEL Hawthorne and Lichtenstein, JJ., concur Court of Appeals No. 13CA0139 Jefferson County District Court No. 11CV4128 Honorable Philip J. McNulty, Judge Geoffrey R. Bailey and Kendall A. Bailey, Plaintiff-Appellants, Gregory Douglas Koss, Defendant-Appellee. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE HAWTHORNE Lichtenstein and Gabriel, JJ., concur

14 -14- Court of Appeals No. 13CA0143 Boulder County District Court No. 04CR257 Honorable Roxanne Bailin, Judge Dustin Edward McDaniel, Division VII Opinion by CHIEF JUDGE LOEB Nieto* and Vogt*, JJ., concur Court of Appeals No. 13CA0263 Industrial Claim Appeals Office of the State of Colorado DD Sharon L. Moss, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Poudre Valley Health Care, Inc., Respondents. Division II Opinion by JUDGE CASEBOLT Richman and Ney*, JJ., concur

15 -15- Court of Appeals No. 13CA0431 City and County of Denver District Court No. 12CV5705 Honorable Michael A. Martinez, Judge Anderado Construction Corporation, Plaintiff-Appellant, Denver Transit Constructors, LLC, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE ROMÁN Webb and Booras, JJ., concur Court of Appeals No. 13CA0450 Jefferson County District Court No. 12CV3044 Honorable Tamara S. Russell, Judge Stephanie Mellema, Plaintiff-Appellant, Intervention, d/b/a Intervention Community Corrections Services, Defendant-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE BOORAS Román, J., concurs Webb, J., concurs in part and dissents in part

16 -16- Court of Appeals No. 13CA1313 City and County of Denver Juvenile Court No. 10JV967 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of A.T., a Child, and Concerning S.R. and A.S.G., Respondents-Appellants. JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN Furman and Dunn, JJ., concur Court of Appeals No. 13CA1388 Industrial Claim Appeals Office of the State of Colorado DD No Timothy C. Romero, Petitioner, Industrial Claim Appeals Office of the State of Colorado and RMS Rigging, LLC, Respondents. Division IV Opinion by JUDGE WEBB Román and Booras, JJ., concur

17 -17- Court of Appeals No. 13CA1462 Industrial Claim Appeals Office of the State of Colorado DD No Christina L. Wilhelm, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Porter Care Adventist Health System, Respondents. Division IV Opinion by JUDGE ROMÁN Webb and Booras, JJ., concur Court of Appeals No. 13CA1587 Industrial Claim Appeals Office of the State of Colorado DD No Natural Nutrition, LLC, d/b/a GNC, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Katrina M. Blake, Respondents. Division IV Opinion by JUDGE BOORAS Webb and Román, JJ., concur

18 -18- Court of Appeals No. 13CA1640 Industrial Claim Appeals Office of the State of Colorado WC No Shiman Chu LLC, d/b/a/ No Coast Sushi; and Truck Insurance Exchange, Petitioners, Industrial Claim Appeals Office of the State of Colorado; and Meghan Bromirski, Respondents. Division II Opinion by JUDGE RICHMAN Casebolt and Ney*, JJ., concur Court of Appeals No. 13CA1754 Industrial Claim Appeals Office of the State of Colorado DD No Anthony R. Loloff, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Premium Panels, Inc., Respondents. Division II Opinion by JUDGE NEY* Casebolt and Richman, JJ., concur

19 -19- Court of Appeals No. 13CA1889 Douglas County District Court No. 12JV136 Honorable James F. Macrum, Judge Petitioner-Appellee, In the Interest of D.V.G., a Child, and Concerning S.L., Respondent-Appellant. JUDGMENT AFFIRMED Division I Opinion by JUDGE DUNN Taubman and Furman, JJ., concur

20 -20- Court of Appeals No. 09CA0680 P E T I T I O N S F O R R E H E A R I N G Dwight Cornelius Robinson, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 12CA1725 Rosten Lee Clark, Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S