ANNOUNCEMENTS COLORADO COURT OF APPEALS. September 25, 2003

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1 ANNOUNCEMENTS COLORADO COURT OF APPEALS September 25, 2003 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. Click on the case number to view the opinion in Word format. Court of Appeals No. 01CA0584 P U B L I S H E D O P I N I O N S Petition for Certiorari granted. See Supreme Court Case No. 03SC782, announced on November 30, Arapahoe County District Court No. 99CR0242 Honorable Frederick B. Skillern, Judge Harold Cunefare, JUDGMENT REVERSED AND CASE file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (1 of 28) [9/11/2008 9:53:43 AM]

2 REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM Ruland*, J., concurs Nieto, J., concurs in part and dissents in part Court of Appeals No. 01CA2165 Boulder County District Court No. 99CR1750 Honorable Carol Glowinsky, Judge AND Mesa County District Court No. 01CR422 Honorable David A. Bottger, Judge Sonny Lee, JUDGMENT AFFIRMED Division III Opinion by JUDGE MARQUEZ file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (2 of 28) [9/11/2008 9:53:43 AM]

3 Roy and Hume*, JJ., concur Court of Appeals No. 02CA1162 Arapahoe County District Court No. 98CV2926 Honorable Timothy L. Fasing, Judge Double Oak Construction, L.L.C., a Colorado limited liability company, Cornerstone Development International, L.L.C., a Colorado limited liability company; Bongil Ho; Brian Yoo, a/k/a Inhyung B. Yoo; and Muscanto, L.L.C., Defendants-Appellants. JUDGMENT AFFIRMED Division IV Opinion by JUDGE GRAHAM Davidson, C.J., and Nieto, J., concur Court of Appeals No. 02CA1359 Larimer County District Court No. 01CV1308 Honorable James H. Hiatt, Judge Sig Patzer, individually, d/b/a Sig Patzer Construction, and Sig file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (3 of 28) [9/11/2008 9:53:43 AM]

4 Patzer Construction, Inc., Plaintiffs-Appellees, City of Loveland, a municipal corporation, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by CHIEF JUDGE DAVIDSON Graham and Sternberg*, JJ., concur Court of Appeals No. 02CA1435 Arapahoe County District Court No. 01CR2086 Honorable Gerald J. Rafferty, Judge Plaintiff-Appellant, Todd S. Robson, Defendant-Appellee. JUDGMENT AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (4 of 28) [9/11/2008 9:53:43 AM]

5 Division IV Opinion by JUDGE NIETO Graham and Ruland*, JJ., concur Court of Appeals No. 02CA1718 El Paso County District Court No. 67CV53936 Honorable Kirk S. Samelson, Judge In the Matter of Black Forest Fire/Rescue Protection District, a political subdivision of the State of Colorado, Impartial. Black Forest/Fire Rescue Protection District, a Colorado Special District, Appellant, and David D. Jenkins; et al., Appellees. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE MARQUEZ Roy and Hume*, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (5 of 28) [9/11/2008 9:53:43 AM]

6 Court of Appeals No. 02CA1879 City and County of Denver District Court No. 01CV5458 Honorable Frank A. Martinez, Judge Board of County Commissioners of LaPlata County, Board of County Commissioners of Archuleta County, Board of County Commissioners of Las Animas County, Board of County Commissioners of Routt County, and Board of County Commissioners of San Miguel County, Plaintiffs-Appellants, Colorado Oil and Gas Conservation Commission, an Agency of the State of Colorado, Defendant-Appellee. ORDER REVERSED Division II Opinion by JUDGE CASEBOLT Webb, J., concurs Ney, J., dissents Court of Appeals No. 03CA0159 Industrial Claim Appeals Office of the State of Colorado WC No William Midboe, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (6 of 28) [9/11/2008 9:53:43 AM]

7 Petitioner, Industrial Claim Appeals Office of the State of Colorado and Pinnacol Assurance, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE NEY Dailey and Loeb, JJ., concur Court of Appeals No. 03CA0611 Larimer County District Court No. 01CV364 Honorable Terrence A. Gilmore, Judge Donald E. Jensen and Margaret C. Jensen, Plaintiffs-Appellants and Cross-Appellees, Cynthia L. Runta, Gerald W. Runta, and Jason D. Runta, Defendants-Appellees and Cross-Appellants. APPEAL REINSTATED IN PART Division A Opinion by JUDGE WEBB file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (7 of 28) [9/11/2008 9:53:43 AM]

8 Davidson, C.J., and Roy, J., concur U N P U B L I S H E D O P I N I O N S Court of Appeals No. 00CA1900 Arapahoe County District Court No. 97CR326 Honorable Robert H. Russell, II, Judge Barbara A. Freeman, JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE NIETO Davidson, C.J., and Graham, J., concur Court of Appeals No. 01CA2144 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (8 of 28) [9/11/2008 9:53:43 AM]

9 City and County of Denver District Court No. 01CR50 Honorable Shelley I. Gilman, Judge Aaron Handy, JUDGMENT AFFIRMED Division V Opinion by JUDGE ROY Casebolt and Piccone, JJ., concur Court of Appeals No. 02CA0068 Eagle County District Court No. 99CR335 Honorable Richard H. Hart, Judge William E. Pipes, III, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (9 of 28) [9/11/2008 9:53:43 AM]

10 JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE STERNBERG* Davidson, C.J., and Graham, J., concur Court of Appeals No. 02CA0232 San Miguel County District Court No. 00CV11 Honorable James D. Childress, Judge Telluride Properties, Inc., Yale Fisher, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE METZGER* Casebolt and Webb, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (10 of 28) [9/11/2008 9:53:43 AM]

11 Court of Appeals No. 02CA0350 Petition for Certiorari granted. See Supreme Court Case No. 03SC803, announced on January 10, Douglas County District Court No. 95CR80 Honorable Thomas J. Curry, Judge Stanton P. Harding, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE VOGT Sternberg*, J., concurs Rothenberg, J., dissents Court of Appeals No. 02CA0397 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (11 of 28) [9/11/2008 9:53:43 AM]

12 Jefferson County District Court No. 01CR979 Honorable Leland P. Anderson, Judge Luis Sandoval-Perez, JUDGMENT AND ORDER AFFIRMED Division II Opinion by JUDGE MARQUEZ Rothenberg and Graham, JJ., concur Court of Appeals No. 02CA0484 City and County of Denver District Court No. 98CR3667 Honorable H. Jeffrey Bayless, Judge Jessie Gonzales, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (12 of 28) [9/11/2008 9:53:43 AM]

13 JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE CASEBOLT Roy and Piccone, JJ., concur Court of Appeals No. 02CA0570 El Paso County District Court No. 96DR316 Honorable Douglas E. Anderson, Judge In re the Marriage of Alex J. Cole, Appellant, and Tamera L. Cole, n/k/a Tamera Whisler, Appellee. ORDER REVERSED Division I Opinion by JUDGE LOEB file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (13 of 28) [9/11/2008 9:53:43 AM]

14 Ney and Dailey, JJ., concur Court of Appeals No. 02CA0655 Industrial Claim Appeals Office of the State of Colorado WC No Chris L. Ingold, Petitioner, Industrial Claim Appeals Office of the State of Colorado, Sturgeon Electric Company, and Zurich American Insurance, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE DAILEY Ney and Loeb, JJ., concur Court of Appeals Nos. 02CA0706, 02CA0767 & 02CA0768 Jefferson County District Court Nos. 01CR1632, 01CR1748 & 01CR1750 Honorable Christopher J. Munch, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (14 of 28) [9/11/2008 9:53:43 AM]

15 Allen Dwight Benson, SENTENCES AFFIRMED Division III Opinion by JUDGE CARPARELLI Taubman and Nieto, JJ., concur Court of Appeals No. 02CA0758 San Miguel County District Court No. 00CV71 Honorable J. Steven Patrick, Judge Michael Lopez and Rebecca Lopez, Plaintiffs-Appellants, Telluride Gravel, Inc. and Adams Ranch Partners, L.L.C., Defendants-Appellees. JUDGMENT AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (15 of 28) [9/11/2008 9:53:43 AM]

16 Division IV Opinion by JUDGE WEBB Kapelke and Vogt, JJ., concur Court of Appeals No. 02CA0774 Morgan County District Court No. 86CR0069 Honorable James R. Leh, Judge Robert Dean Kautz, ORDER AFFIRMED Division V Opinion by JUDGE PICCONE Casebolt and Roy, JJ., concur Court of Appeals No. 02CA0844 City and County of Denver District Court No. 99CR4921 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (16 of 28) [9/11/2008 9:53:43 AM]

17 Honorable Morris B. Hoffman, Judge Honorable H. Jeffrey Bayless, Judge Alfredo Madriz, ORDER AFFIRMED Division II Opinion by JUDGE GRAHAM Marquez and Rothenberg, JJ., concur Court of Appeals No. 02CA0882 Montrose County District Court No. 98CR0082 Honorable Richard J. Brown, Judge Roberto Deleon Vega, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (17 of 28) [9/11/2008 9:53:43 AM]

18 ORDERS AND SENTENCE AFFIRMED Division II Opinion by JUDGE GRAHAM Marquez and Rothenberg, JJ., concur Court of Appeals No. 02CA1057 Mesa County District Court No. 00CR1148 Honorable Amanda D. Bailey, Judge Phillip Edward Stetzel, ORDER AFFIRMED Division III Opinion by JUDGE NIETO Taubman and Carparelli, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (18 of 28) [9/11/2008 9:53:43 AM]

19 Court of Appeals No. 02CA1115 Jefferson County District Court No. 99CR2151 Honorable James D. Zimmerman, Judge Victoria Delgado, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE CASEBOLT Roy and Piccone, JJ., concur Court of Appeals No. 02CA1741 Jefferson County District Court No. 99DR1926 Honorable Christopher J. Munch, Judge In re the Marriage of file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (19 of 28) [9/11/2008 9:53:43 AM]

20 Gregory F. Leonhard, Appellee, and Linda K. Sharp-Leonhard, Appellant. ORDER AFFIRMED Division IV Opinion by JUDGE NIETO Davidson, C.J., and Graham, J., concur Court of Appeals No. 02CA1978 Mesa County District Court No. 01PR297 Honorable David A. Bottger, Judge In the Matter of the Estate of Margaret Coatsworth Beston, a/k/a Margaret Beston, a/k/a Margaret C. Beston, Deceased. Elizabeth Hubbard Gartner, a/k/a Elizabeth Gartner, Appellant, Mark Mechau and Clarissa Velasco Whitehead, Appellees. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (20 of 28) [9/11/2008 9:53:43 AM]

21 ORDER AFFIRMED Division III Opinion by JUDGE HUME* Taubman and Carparelli, JJ., concur Court of Appeals No. 02CA1987 City and County of Denver District Court No. 02CV4248 Honorable Robert L. McGahey, Jr., Judge Chinweuba M. Nwankwo, Plaintiff-Appellant, Edelweiss Realty, Larry D. Trujillo, Michelle M. Trujillo, and L&M Holdings, Defendants-Appellees. JUDGMENT AFFIRMED Division I Opinion by JUDGE NEY Dailey and Loeb, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (21 of 28) [9/11/2008 9:53:43 AM]

22 Court of Appeals No. 02CA2273 Fremont County District Court No. 00CV422 Honorable John E. Anderson, III, Judge Eric Davis, Plaintiff-Appellant, Randy Foshee, Associate Warden; Rebecca Rodenbeck, General Professional V; and Guy Doubleday, Disciplinary Officer of the Colorado Territorial Correctional Facility, Defendants-Appellees. JUDGMENT AFFIRMED Division I Opinion by JUDGE LOEB Ney and Dailey, JJ., concur Court of Appeals No. 03CA0284 Pueblo County District Court No. 01JV616 Honorable Victor I Reyes, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (22 of 28) [9/11/2008 9:53:43 AM]

23 Petitioner-Appellee, In the Interest of W.L., a Child, and Concerning W.P.M.L., Respondent-Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Kapelke and Vogt, JJ., concur Court of Appeals No. 03CA0501 Industrial Claim Appeals Office of the State of Colorado DD No Gabriel Del Real, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Conagra Beef Company, Respondents. ORDER AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (23 of 28) [9/11/2008 9:53:43 AM]

24 Division I Opinion by JUDGE NEY Dailey and Loeb, JJ., concur Court of Appeals No. 03CA0798 Industrial Claim Appeals Office of the State of Colorado DD No James R. Becker, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Colorado State Public Defender, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE DAILEY Ney and Loeb, JJ., concur Court of Appeals No. 03CA0916 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (24 of 28) [9/11/2008 9:53:43 AM]

25 Industrial Claim Appeals Office of the State of Colorado DD No Stanford J. Daymil, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Ferguson Enterprises, Inc., Respondents. ORDER AFFIRMED Division I Opinion by JUDGE LOEB Ney and Dailey, JJ., concur Court of Appeals No. 01CA1968 P E T I T I O N S F O R R E H E A R I N G file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (25 of 28) [9/11/2008 9:53:43 AM]

26 Johnny D. Wadkins, Petition for Rehearing DENIED Court of Appeals No. 01CA2338 Robert Falco, et al., Plaintiff-Appellee and Cross-Appellant, Barbara A. Doyle, Defendant-Appellant and Cross-Appellee. Petition for Rehearing DENIED Taubman, J., would GRANT Court of Appeals No. 02CA0524 In re the Marriage of Joseph F. Mark, Appellant, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (26 of 28) [9/11/2008 9:53:43 AM]

27 and Linda L. Mark, Appellee. Petition for Rehearing DENIED Court of Appeals No. 02CA1386 David G. Bryan, Plaintiff-Appellant, Gary D. Neet, et al., Defendants-Appellees. Petition for Rehearing DENIED Court of Appeals No. 02CA1677 Kally J. Surbeck, Rebecca L. Dawson, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (27 of 28) [9/11/2008 9:53:43 AM]

28 Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (28 of 28) [9/11/2008 9:53:43 AM]

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