ANNOUNCEMENTS COLORADO COURT OF APPEALS. April 19, 2001

Transcription

1 ANNOUNCEMENTS COLORADO COURT OF APPEALS April 19, 2001 "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 (in the htm format only) 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. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 98CA2514 City and County of Denver District Court No. 97CV6806 Honorable Connie L. Peterson, Judge Cindy Domenico, as Boulder County Assessor, et al., Plaintiffs-Appellants, Colorado State Board of Equalization, Defendant-Appellee. JUDGMENT REVERSED AND CAUSE file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (1 of 20) [9/11/ :02:54 AM]

2 REMANDED WITH DIRECTIONS Division II Opinion by JUDGE RULAND Marquez and Criswell*, JJ., concur _ *Sitting by assignment of the Chief Justice under provisions of the file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (2 of 20) [9/11/ :02:54 AM]

3 Colo. Const. art. VI, Sec. 5(3), and , C.R.S Court of Appeals No. 99CA1097 Arapahoe County District Court No. 83DR305 Honorable Robert H. Russell, II, Judge In re the Marriage of Gary D. Moore, Appellee and Cross-Appellant, and Wilma M. Moore, n/k/a Wilma Maxine Konieczny, Appellant and Cross-Appellee. ORDER AFFIRMED Division IV Opinion by JUDGE KAPELKE Davidson and Ruland, JJ., concur Court of Appeals No. 99CA1560 Jefferson County District Court No. 93CR1897 Honorable Christopher J. Munch, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (3 of 20) [9/11/ :02:54 AM]

4 Ronald A. Bogan, ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Plank and Jones, JJ., concur Court of Appeals No. 99CA1650 El Paso County District Court No. 86CR2749 Honorable Douglas E. Anderson, Judge Robert L. Tyler, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (4 of 20) [9/11/ :02:54 AM]

5 ORDER AFFIRMED Division IV Opinion by JUDGE DAVIDSON Ruland and Kapelke, JJ., concur Court of Appeals No. 99CA1951 Weld County District Court Nos. 97CR1108 & 98CR1029 Honorable Jonathan W. Hays, Judge Alfred Montano, ORDER AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE JONES Plank and Casebolt, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (5 of 20) [9/11/ :02:54 AM]

6 Court of Appeals No. 99CA2173 El Paso County District Court No. 98CV3279 Honorable Edward S. Colt, Judge Bedah D. Frey, et al., JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE RULAND Davidson and Kapelke, JJ., concur Court of Appeals No. 99CA2239 City and County of Denver District Court No. 98CR4673 Honorable Lawrence A. Manzanares, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (6 of 20) [9/11/ :02:54 AM]

7 Robert Sessions, JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Plank and Jones, JJ., concur _ Court of Appeals No. 99CA2324 Gunnison County District Court No. 95CV73 Honorable J. Steven Patrick, Judge Catherine S. Rohde, and Walter J. Rohde, Jr., ORDER AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (7 of 20) [9/11/ :02:54 AM]

8 Division II Opinion by JUDGE PLANK Jones and Casebolt, JJ., concur Court of Appeals No. 00CA0186 Moffat County District Court No. 99CR58 Honorable Joel S. Thompson, Judge Kavin D. Pauley, CAUSE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE DAVIDSON Ruland and Kapelke, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (8 of 20) [9/11/ :02:54 AM]

9 Court of Appeals No. 00CA0363 Arapahoe County District Court No. 99CV2165 Honorable Gerald J. Rafferty, Judge Travelers Insurance Company, directly and as Subrogee of George Greer, Plaintiff-Appellant, Wal-Mart Stores, Inc., Defendant-Appellee. JUDGMENT VACATED AND CAUSE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE TAUBMAN Rothenberg and Pierce*, JJ., concur _ Court of Appeals No. 00CA0432 El Paso County District Court No. 98CR2262 Honorable D. Richard Toth, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (9 of 20) [9/11/ :02:54 AM]

10 Karen Wanden LaFarge, SENTENCE AFFIRMED Division IV Opinion by JUDGE RULAND Davidson and Kapelke, JJ., concur *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S Court of Appeals No. 00CA0466 Lincoln County District Court No. 99CV43 Honorable Norman L. Arends, Judge Lewis M. Ashbrook, II, Plaintiff-Appellant, Mary Cox-Bergmann, Lawrence Nutter, and Robert Taylor, Defendants-Appellees. JUDGMENT AFFIRMED Division III file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (10 of 20) [9/11/ :02:54 AM]

11 Opinion by JUDGE MARQUEZ Ney and Nieto, JJ., concur _ Court of Appeals No. 00CA0487 City and County of Denver District Court No. 99CV166 Honorable W. Terry Ruckriegle, Judge First Nationwide Mortgage Corporation, as successor to Resolution Trust Corporation, as conservator for Standard Federal Savings Association, transferee of Resolution Trust Corporation, as receiver for Standard Federal Savings Bank, Plaintiff-Appellant, Randolph G. Currier, et al., Defendants-Appellees. JUDGMENT VACATED AND CAUSE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE PLANK Jones and Casebolt, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (11 of 20) [9/11/ :02:54 AM]

12 Court of Appeals No. 00CA0597 City and County of Denver District Court No. 97CR678 Honorable Robert S. Hyatt, Judge Thomas E. Richmond, ORDER AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE RULAND Hume, C.J., and Kapelke, J., concur Court of Appeals No. 00CA0879 Larimer County District Court No. 98CV744 Honorable Arnaud Newton, Judge A. Stephen & Company, Inc., and Stephen L. Robinson, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (12 of 20) [9/11/ :02:54 AM]

13 Plaintiffs-Appellees, Steven L. McCashen and Leonard C. McCashen, as personal representatives of the Estate of Charlotte P. McCashen, Defendants-Appellants. JUDGMENT AFFIRMED Division II Opinion by JUDGE JONES Plank and Casebolt, JJ., concur Court of Appeals No. 00CA0962 Weld County District Court No. 99CV117 Honorable Jonathan W. Hays, Judge Edward K. Velasquez and Terri L. Velasquez, Counterclaim Defendants and Plaintiffs-Appellees, Margaret F. Buck and Thomas E. Dame, Counter and Crossclaim Plaintiffs and Defendants-Appellants, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (13 of 20) [9/11/ :02:54 AM]

14 Joshua Velasquez, Crossclaim Defendant-Appellee. JUDGMENT AFFIRMED AND CAUSE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE KAPELKE Davidson and Ruland, JJ., concur Court of Appeals No. 00CA1022 Boulder County District Court No. 98JV341 Honorable Carol Glowinsky, Judge Petitioner-Appellee, In the Interest of J.A. and J.A., Children, and Concerning D.A. and D.J., Respondents-Appellants. JUDGMENT AFFIRMED Division I file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (14 of 20) [9/11/ :02:54 AM]

15 Opinion by JUDGE DAILEY Metzger and Vogt, JJ., concur Court of Appeals No. 00CA1073 City and County of Denver District Court No. 98CV7294 Honorable Gloria Rivera, Judge Lois Marshall, Plaintiff-Appellant, Thomas G. Mordick, II, M.D. Defendant-Appellee. JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Plank and Jones, JJ., concur _ Court of Appeals No. 00CA2360 Industrial Claim Appeals Office of the State of Colorado file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (15 of 20) [9/11/ :02:54 AM]

16 WC No Finzer Business Systems and TIG Insurance Company, Petitioners, The Industrial Claim Appeals Office of the State of Colorado and Linda Martin, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE METZGER Vogt and Dailey, JJ., concur _ Court of Appeals No. 00CA2362 Industrial Claim Appeals Office of the State of Colorado WC Nos , , , , , & Alamosa County Road and Bridge Department, c/o County Technical Services, Inc., Petitioner, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (16 of 20) [9/11/ :02:54 AM]

17 The Industrial Claim Appeals Office of the State of Colorado and Sally Salazar, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE VOGT Metzger and Dailey, JJ., concur P E T I T I O N S F O R R E H E A R I N G Court of Appeals No. 99CA0897 Stevies J. Lindsey, Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (17 of 20) [9/11/ :02:54 AM]

18 Court of Appeals No. 99CA1307 Natalie J. Murdock, Petition for Rehearing DENIED Court of Appeals No. 99CA1581 Cissell Manufacturing Company, Young Park, a/k/a Young D. Park, a/k/a Jim Park, jointly and severally, d/b/a Young's Equipment & Supplies, Petition for Rehearing DENIED Court of Appeals No. 99CA1746 Richard Hunter, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (18 of 20) [9/11/ :02:54 AM]

19 Plaintiff-Appellant, Jane Burgess, Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 99CA2247 Plaintiff-Appellant, Ralph Joseph Sanchez, Jr., Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 00CA0639 Lionel Vallejo, Plaintiff-Appellant, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (19 of 20) [9/11/ :02:54 AM]

20 Progressive Insurance Company, Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 00CA1447 Platte River Plumbing and Hawkeye Security Insurance, Petitioners, Industrial Claim Appeals Office of the State of Colorado; Edward S. White, deceased; Giovannia Carollo-White; and Jessica A. Carollo- White, Respondents. Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (20 of 20) [9/11/ :02:54 AM]