ANNOUNCEMENTS COLORADO COURT OF APPEALS. December 23, 1999

Transcription

1 ANNOUNCEMENTS COLORADO COURT OF APPEALS December 23, 1999 P U B L I S H E D O P I N I O N S No. 97CA2190 Ralph Terry Wolfe, Appeal from the District Court of Jefferson County Honorable Michael C. Villano, Judge Honorable James D. Zimmerman, Judge No. 97CR131 Division V JUDGMENT AFFIRMED Opinion by JUDGE TAUBMAN Rothenberg and Roy, JJ., concur No. 97CA2216 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (1 of 30) [9/11/ :09:51 AM]

2 Safeco Insurance Company of America, a Washington corporation, Plaintiff-Appellee and Cross-Appellant, Robert K. Robertson, Sally A. Robertson, and Linda Dickens, as the mother and guardian ad litem for Andrea Dickens, a minor, Defendants-Appellants and Cross-Appellees. Appeal from the District Court of Jefferson County Division III JUDGMENT AFFIRMED Opinion by JUDGE RULAND Casebolt and Roy, JJ., concur Honorable Christopher J. Munch, Judge No. 96CV285 No. 98CA0674 Regional Transportation District, Outdoor Systems, Inc., Appeal from the District Court of the City and County of Denver file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (2 of 30) [9/11/ :09:51 AM]

3 Honorable Edward A. Simons, Judge No. 97CV2140 Division I JUDGMENT REVERSED Opinion by JUDGE METZGER AND CAUSE REMANDED Criswell and Davidson, JJ., concur WITH DIRECTIONS No. 98CA1025 St. Jude's Company, a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, Roaring Fork Club, L.P., Defendant-Appellee and Cross-Appellant. Appeal from the District Court of Pitkin County Honorable Thomas W. Ossola, Judge No. 97CV242 Division I JUDGMENT AFFIRMED IN PART, Opinion by JUDGE NEY REVERSED IN PART, AND CAUSE Metzger, J., concurs REMANDED WITH DIRECTIONS Vogt, J., concurs in part and dissents in part file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (3 of 30) [9/11/ :09:51 AM]

4 No. 98CA1163 Norman L. Fleet, et al., Plaintiffs-Appellees, Dwight Zwick, Appeal from the District Court of Arapahoe County Division III ORDER REVERSED Opinion by JUDGE ROY Plank and Casebolt, JJ., concur Honorable Deanna E. Hickman, Judge No. 89CV4424 No. 98CA1228 Rosanne Marie (Brock) Dittmar, Plaintiff-Appellant, Joe Dickerson & Associates, LLC, a Colorado limited liability corporation, and Joe H. Dickerson, individually, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (4 of 30) [9/11/ :09:51 AM]

5 Defendants-Appellees. Appeal from the District Court of the City and County of Denver Honorable R. Michael Mullins, Judge No. 97CV3380 Division III JUDGMENT REVERSED Opinion by JUDGE MARQUEZ AND CAUSE REMANDED Jones and Casebolt, JJ., concur WITH DIRECTIONS No. 98CA1666 Public Service Company of Colorado, a Colorado corporation, Plaintiff-Appellant, Mile Hi Cable Partners L.P., a Colorado limited partnership, et al., Defendants-Appellees. Appeal from the District Court of the City and County of Denver Honorable H. Jeffrey Bayless, Judge No. 98CV2225 Division III RULING AFFIRMED, ORDER Opinion by JUDGE ROY REVERSED, AND CAUSE file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (5 of 30) [9/11/ :09:51 AM]

6 Plank and Casebolt, JJ., concur REMANDED WITH DIRECTIONS No. 98CA1898 Larry Joe Oliver and Lois Ann Oliver, Plaintiffs-Appellees, The Amity Mutual Irrigation Company, Appeal from the District Court of Prowers County Honorable Garth L. Nieschburg, Judge No. 96CV25 Division I JUDGMENT AFFIRMED Opinion by JUDGE VOGT Metzger and Ney, JJ., concur No. 98CA1928 Jack J. Grynberg, individually and d/b/a Jack Grynberg and Associates; Grynberg Petroleum Company; and Celeste C. Grynberg, an individual, Plaintiffs-Appellants, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (6 of 30) [9/11/ :09:52 AM]

7 Colorado Oil and Gas Conservation Commission; Marilyn B. Bateman, f/k/ a M.B. Tate; and R.K. Cramer, a/k/a Richard K. Cramer, Defendants-Appellees. Appeal from the District Court of the City and County of Denver Division II JUDGMENT AFFIRMED Opinion by JUDGE CRISWELL Ruland and Rothenberg, JJ., concur Honorable Frank Martinez, Judge No. 97CV7249 No. 98CA1948 James E. Montaine, Appeal from the District Court of Garfield County Division II ORDER AFFIRMED Honorable T. Peter Craven, Judge No. 94CR123 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (7 of 30) [9/11/ :09:52 AM]

8 Opinion by JUDGE RULAND Marquez and Erickson*, JJ., concur *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA2386 Vicki Valdez, Plaintiff-Appellant, Avrim Cantor, D.O.P.C., Gary A. Tarshis, M.D.P.C., Mark W. Walton, D. O.P.C., Mark S. Fraley, D.O.P.C., and ExpressCare Plus, Defendants-Appellees. Appeal from the District Court of El Paso County Honorable Steven T. Pelican, Judge No. 98CV2536 Division II JUDGMENT AFFIRMED IN PART, Opinion by JUDGE CRISWELL REVERSED IN PART, AND CAUSE Marquez and Ruland, JJ., concur REMANDED WITH DIRECTIONS No. 98CA2503 In the Matter of the Estate of file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (8 of 30) [9/11/ :09:52 AM]

9 Louis James Russo, a/k/a Louis J. Russo, Deceased, Sunrise Healthcare Corporation, Mediplex Rehab & Skilled Nursing Center of Southern Connecticut, Appellant. Appeal from the District Court of Adams County Division III JUDGMENT REVERSED Honorable C. Vincent Phelps, Judge No. 98PR117 Opinion by JUDGE ROY AND CAUSE REMANDED Plank and Casebolt, JJ., concur WITH DIRECTIONS U N P U B L I S H E D O P I N I O N S No. 97CA1958 NOT SELECTED FOR PUBLICATION Robert N. Workman, Complainant-Appellee, and The Colorado State Personnel Board, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (9 of 30) [9/11/ :09:52 AM]

10 Appellee, Department of Corrections, Delta Correctional Center, Respondent-Appellant. Appeal from the Colorado State Personnel Board No. 96 B 026 Division V ORDER AFFIRMED Opinion by JUDGE TAUBMAN Marquez and Briggs, JJ., concur No. 98CA0405 NOT SELECTED FOR PUBLICATION Ronald A. Herndon, Appeal from the District Court of the City and County Denver Honorable Warren O. Martin, Judge No. 89CR2935 Division II JUDGMENT AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (10 of 30) [9/11/ :09:52 AM]

11 Opinion by JUDGE MARQUEZ Criswell and Ruland, JJ., concur No. 98CA1033 NOT SELECTED FOR PUBLICATION Franklin-Harris Associates, Inc., a Colorado corporation, Plaintiff-Appellant, John Lewis and Leo Simon, Defendants-Appellees, and Concerning, The Bankruptcy Estate of Franklin-Harris Associates, Inc., by and through Harvey S. Sender, Esq., Chapter 7 Trustee, Appellant. Appeal from the District Court of the City and County of Denver Division II JUDGMENT REVERSED Honorable H. Jeffrey Bayless, Judge No. 97CV1194 Opinion by JUDGE JONES AND CAUSE REMANDED Plank and Vogt, JJ., concur WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (11 of 30) [9/11/ :09:52 AM]

12 No. 98CA1191 NOT SELECTED FOR PUBLICATION Debra Lea Rice, Appeal from the District Court of El Paso County Honorable Douglas E. Anderson, Judge No. 97CR2887 Division V JUDGMENT AFFIRMED Opinion by JUDGE KAPELKE Davidson and Taubman, JJ., concur No. 98CA1346 NOT SELECTED FOR PUBLICATION Joe Heffley, Roger McCoy and Integrated Capital Corporation, a Colorado corporation, Defendants-Appellants. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (12 of 30) [9/11/ :09:52 AM]

13 Appeal from the District Court of the City and County of Denver Honorable John W. Coughlin, Judge No. 95CV688 Division IV JUDGMENT AFFIRMED Opinion by JUDGE JONES Rothenberg and Briggs, JJ., concur No. 98CA1553 NOT SELECTED FOR PUBLICATION Robert Edward Van Allen, Appeal from the District Court of Jefferson County Honorable Thomas Woodford, Judge No. 92CR194 Division IV ORDER AFFIRMED Opinion by JUDGE STERNBERG* Metzger and Jones, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (13 of 30) [9/11/ :09:52 AM]

14 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA1567 NOT SELECTED FOR PUBLICATION Robert J. Summers, Appeal from the District Court of Boulder County Division A ORDER AFFIRMED Opinion by JUDGE DAVIDSON Plank and Ney, JJ., concur Honorable Joseph John Bellipanni, Judge No. 97CR989 No. 98CA1581 NOT SELECTED FOR PUBLICATION Darrell S. Howze, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (14 of 30) [9/11/ :09:52 AM]

15 Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge No. 96CR2523 Division V ORDER AFFIRMED Opinion by JUDGE KAPELKE Davidson and Taubman, JJ., concur No. 98CA1620 NOT SELECTED FOR PUBLICATION Andrea Lawrence Wood, Plaintiff-Appellant, Peter Martin, individually and d/b/a 400 Milwaukee Partners LLC, also d/b/a 400 Milwaukee Associated LLC, also d/b/a 400 Milwaukee Condominiums, L.L.C., et al., Defendants-Appellees. Appeal from the District Court of the City and County of Denver Division IV JUDGMENT REVERSED Honorable H. Jeffrey Bayless, Judge No. 97CV4224 Opinion by JUDGE METZGER AND CAUSE REMANDED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (15 of 30) [9/11/ :09:52 AM]

16 Jones and Sternberg*, JJ., concur WITH DIRECTIONS No. 98CA1708 NOT SELECTED FOR PUBLICATION Larry R. Mouton, Plaintiff-Appellant, and Brian DeBauche, Attorney-Appellant, Carmelina Mouton, Defendant-Appellee. Appeal from the District Court of Arapahoe County Division II JUDGMENT AFFIRMED Honorable Michael J. Watanabe, Judge No. 98CV1404 Opinion by JUDGE RULAND AND CAUSE REMANDED Marquez and Pierce*, JJ., concur WITH DIRECTIONS *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA2018 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (16 of 30) [9/11/ :09:52 AM]

17 Steven E. Mosier, Appeal from the District Court of the City and County of Denver Division A ORDER AFFIRMED Honorable Federico C. Alvarez, Judge No. 97CR871 Opinion by JUDGE PLANK AND CAUSE REMANDED Ney and Davidson, JJ., concur WITH DIRECTIONS No. 98CA2083 NOT SELECTED FOR PUBLICATION Upon the Petition of the Arapahoe County Department of Social Services, Petitioner-Appellee, In the Interest of S.R., a Child, and Concerning M.M., Respondent-Appellant. Appeal from the District Court of Arapahoe County file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (17 of 30) [9/11/ :09:52 AM]

18 Honorable Kenneth K. Stuart, Judge No. 96JV269 Division II JUDGMENT AFFIRMED Opinion by JUDGE MARQUEZ Ruland and Pierce*, JJ., concur *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA2119 NOT SELECTED FOR PUBLICATION In re the Marriage of Larry D. Sather, Appellant, and Pamela S. Sather, Appellee. Appeal from the District Court of Adams County Division I ORDER AFFIRMED Opinion by JUDGE VOGT Ney and Marquez, JJ., concur Honorable Gaspar F. Perricone, Judge No. 93DR1940 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (18 of 30) [9/11/ :09:52 AM]

19 No. 98CA2141 NOT SELECTED FOR PUBLICATION Franklin Reedy, Appeal from the District Court of the City and County of Denver Honorable Morris B. Hoffman, Judge No. 96CR5030 Division II ORDER REVERSED Opinion by JUDGE RULAND AND CAUSE REMANDED Criswell and Marquez, JJ., concur WITH DIRECTIONS No. 98CA2170 NOT SELECTED FOR PUBLICATION Ronald Colman, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (19 of 30) [9/11/ :09:52 AM]

20 Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge No. 97CR1303 Division IV ORDER AFFIRMED Opinion by JUDGE ROTHENBERG AND CAUSE REMANDED Jones and Sternberg*, JJ., concur WITH DIRECTIONS No. 98CA2381 NOT SELECTED FOR PUBLICATION James B. Klovas, Complainant-Appellant, Department of Corrections, Colorado Correctional Industries, Respondent-Appellee, and Colorado State Personnel Board, Appellee. Appeal from the Colorado State Personnel Board No. 98B088 Division II ORDER AFFIRMED IN PART, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (20 of 30) [9/11/ :09:52 AM]

21 Opinion by JUDGE RULAND REVERSED IN PART, AND CAUSE Criswell and Marquez, JJ., concur REMANDED WITH DIRECTIONS *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA2425 NOT SELECTED FOR PUBLICATION William A. Barker, Plaintiff-Appellant, Robert C. Meyer, Jr. d/b/a Automotive Specialists, Defendant-Appellee. Appeal from the District Court of Adams County Division V JUDGMENT REVERSED Honorable Thomas R. Ensor, Judge No. 98CV3048 Opinion by JUDGE KAPELKE AND CAUSE REMANDED Davidson and Taubman, JJ., concur WITH DIRECTIONS No. 98CA2436 NOT SELECTED FOR PUBLICATION Avant Homes, Inc. and Amy Garrard Hanes, Defendants-Appellants, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (21 of 30) [9/11/ :09:52 AM]

22 Environmental Materials, Inc., Defendant-Appellee. Appeal from the District Court of Douglas County Division IV JUDGMENT AFFIRMED Opinion by JUDGE METZGER Jones and Sternberg*, JJ., concur Honorable Thomas J. Curry, Judge No. 97CV722 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA2592 NOT SELECTED FOR PUBLICATION H. Michael Armstrong, Plaintiff-Appellant, Donald Moll, Christine Moll, Michael Steffan and Audrey Steffan, Defendants-Appellees. Appeal from the District Court of the City and County of Denver Honorable Joseph E. Meyer, III, Judge No. 98CV1312 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (22 of 30) [9/11/ :09:52 AM]

23 Division I JUDGMENT AFFIRMED Opinion by JUDGE VOGT Metzger and Ney, JJ., concur No. 99CA0110 NOT SELECTED FOR PUBLICATION Lois Caster, Theodore E. Caster, Appeal from the District Court of Routt County Honorable Joel S. Thompson, Judge No. 98CV61 Division V JUDGMENT AFFIRMED Opinion by JUDGE TAUBMAN Davidson and Kapelke, JJ., concur No. 99CA0237 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (23 of 30) [9/11/ :09:52 AM]

24 Petitioner-Appellee, In the Interest of J.D.E., a Child, and Concerning D.E., Respondent-Appellant. Appeal from the District Court of Boulder County Honorable Daniel C. Hale, Judge No. 98JV197 Division II JUDGMENT AFFIRMED Opinion by JUDGE PIERCE* Marquez and Ruland, JJ., concur No. 99CA0288 NOT SELECTED FOR PUBLICATION Perry G. Plotner, Appeal from the District Court of Mesa County Honorable David A. Bottger, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (24 of 30) [9/11/ :09:52 AM]

25 No. 97CR566 Division A ORDER AFFIRMED Opinion by JUDGE NEY AND CAUSE REMANDED Plank and Davidson, JJ., concur WITH DIRECTIONS *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 99CA0424 NOT SELECTED FOR PUBLICATION John F. Keller, Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Jr., Judge No. 94CR1626 Division A ORDER AFFIRMED Opinion by JUDGE ROTHENBERG AND CAUSE REMANDED Taubman and Roy, JJ., concur WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (25 of 30) [9/11/ :09:52 AM]

26 No. 99CA0754 NOT SELECTED FOR PUBLICATION White Wave, Inc., and Great States Insurance Company, Petitioners, The Industrial Claim Appeals Office of the State of Colorado and Tien K. Le, Respondents. Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No Division III ORDER AFFIRMED IN PART, Opinion by JUDGE CASEBOLT SET ASIDE IN PART, AND CAUSE Plank and Roy, JJ., concur REMANDED WITH DIRECTIONS P E T I T I O N S F O R R E H E A R I N G No. 96CA0408 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (26 of 30) [9/11/ :09:52 AM]

27 Steve Barksdale, Opinion Modified, and As Modified, Petition for Rehearing DENIED No. 98CA0072 Russell L. Novell, Plaintiff-Appellee and Cross-Appellant, American Guarantee and Liability Insurance Co., a New York corporation, Defendant-Appellant and Cross-Appellee. Opinion Modified, and As Modified, Petition for Rehearing DENIED No. 98CA0214 A. Tenenbaum & Company, Inc., file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (27 of 30) [9/11/ :09:52 AM]

28 Joseph F. Colantuno and John P. Dikeou, Defendants-Appellants. Opinion Modified, and As Modified, Petitions for Rehearing DENIED No. 98CA0226 Randall D. Tomlinson, Petition for Rehearing DENIED No. 98CA0836 Board of Commissioners of the County of Boulder, Plaintiff-Appellee and Cross-Appellant, City of Broomfield, Colorado; City Council of the City of Broomfield; and Broomfield Urban Renewal Authority, Defendants-Appellants and Cross-Appellees. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (28 of 30) [9/11/ :09:52 AM]

29 Opinion Modified, and As Modified, Petition for Rehearing is DENIED No. 98CA1527 Robert J. Jenkins, Petition for Rehearing DENIED No. 98CA1886 Highline Village Associates, a California limited partnership, et al., Plaintiffs-Appellants, Hersh Companies, Inc., a Florida corporation, f/k/a Hersh National Painting Co., Defendant-Appellee. Opinion Modified, and As Modified, Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (29 of 30) [9/11/ :09:52 AM]

30 No. 98CA2103 In re the Marriage of Constance Lottie, a/k/a Constance Dalton, a/k/a Constance Moore, Appellee, and Douglas Lottie, Appellant, and Denver Department of Social Services, Intervenor-Appellee. Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (30 of 30) [9/11/ :09:52 AM]