ANNOUNCEMENTS COLORADO COURT OF APPEALS. August 21, 2003

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1 ANNOUNCEMENTS COLORADO COURT OF APPEALS August 21, 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. U N P U B L I S H E D O P I N I O N S Court of Appeals Nos. 99CA0134 & 99CA2275 City and County of Denver District Court Nos. 97CR3665, 97CR3949 & 97CR3950 Honorable Anthony F. Vollack, Judge Honorable J. Stephen Phillips, Judge Jacques Richardson, JUDGMENTS AFFIRMED Division V file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (1 of 25) [9/11/2008 9:53:20 AM]

2 Opinion by JUDGE CARPARELLI Rothenberg and Vogt, JJ., concur Court of Appeals No. 00CA0233 Adams County District Court No. 97CR3079 Honorable Harlan R. Bockman, Judge Monir Wood, JUDGMENT AFFIRMED Division I Opinion by JUDGE KAPELKE Taubman and Loeb, JJ., concur Court of Appeals No. 01CA0858 Jefferson County District Court No. 99CV1562 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (2 of 25) [9/11/2008 9:53:20 AM]

3 Honorable R. Brooke Jackson, Judge E. Bruce Linke, d/b/a First Commercial Properties, Outdoor Systems, Inc., et al., Defendants-Appellants and Cross-Appellees, and Medved Chevrolet, Inc., a Colorado corporation, Intervenor-Appellee and Cross-Appellant. CROSS-APPEAL DISMISSED AND JUDGMENT REVERSED Division V Opinion by JUDGE ROTHENBERG Vogt and Sternberg*, JJ., concur _ Court of Appeals No. 01CA1201 Arapahoe County District Court No. 00CR364 Honorable Kenneth K. Stuart, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (3 of 25) [9/11/2008 9:53:20 AM]

4 Daryon Jovan Palmer, JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE NIETO Davidson, C.J., and Graham, J., concur _ Court of Appeals No. 01CA1718 La Plata County District Court No. 00CR392 Honorable Gregory G. Lyman, Judge Alvie Johnny Barela, JUDGMENT AND SENTENCE AFFIRMED Division V Opinion by JUDGE VOGT Rothenberg and Sternberg*, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (4 of 25) [9/11/2008 9:53:20 AM]

5 Court of Appeals No. 01CA1917 Douglas County District Court No. 98DR454 Honorable Jack F. Smith, Judge In re the Marriage of Cynthia Allen, a/k/a Cynthia Allen Pawlik, Appellee and Cross-Appellant, and Thomas E. Pawlik, Appellant and Cross-Appellee. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE RULAND* Nieto and Graham, JJ., concur Court of Appeals No. 02CA0147 Arapahoe County District Court No. 00CR3029 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (5 of 25) [9/11/2008 9:53:20 AM]

6 Honorable Gerald J. Rafferty, Judge Thomas E. Lord, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by CHIEF JUDGE DAVIDSON Marquez and Roy, JJ., concur Court of Appeals No. 02CA0589 Fremont County District Court No. 01CR234 Honorable John E. Anderson, III, Judge Abel Acosta, SENTENCE AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (6 of 25) [9/11/2008 9:53:20 AM]

7 Division II Opinion by JUDGE CASEBOLT Ney and Webb, JJ., concur Court of Appeals No. 02CA0627 Mesa County District Court Nos. 97CR1693 & 99CR1337 Honorable Nicholas R. Massaro, Judge Joseph Dupre, ORDER AFFIRMED Division V Opinion by JUDGE STERNBERG* Rothenberg and Vogt, JJ., concur Court of Appeals No. 02CA0835 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (7 of 25) [9/11/2008 9:53:20 AM]

8 City and County of Denver District Court No. 01CV3090 Honorable Frank R. Martinez, Judge David Markley, Plaintiff-Appellant, William D. Moreland and Colorado Car Connection, Defendants-Appellees. ORDER REVERSED AND CASE REMANDED Division I Opinion by JUDGE KAPELKE Taubman and Loeb, JJ., concur Court of Appeals No. 02CA0953 La Plata County District Court No. 99CR96 Honorable Gregory G. Lyman, Judge Charles L. Mack, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (8 of 25) [9/11/2008 9:53:20 AM]

9 ORDER AFFIRMED Division V Opinion by JUDGE STERNBERG* Rothenberg and Vogt, JJ., concur Court of Appeals No. 02CA1094 Adams County District Court No. 01DR1186 Honorable C. Scott Crabtree, Judge In re the Marriage of Bernidene Velasquez, Appellant, and Joe B. Velasquez, Appellee. ORDER AFFIRMED Division IV Opinion by CHIEF JUDGE DAVIDSON Nieto and Graham, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (9 of 25) [9/11/2008 9:53:20 AM]

10 Court of Appeals No. 02CA1095 City and County of Denver District Court No. 88CR707 Honorable J. Stephen Phillips, Judge George Shanklin, ORDER AFFIRMED Division I Opinion by JUDGE LOEB Taubman and Kapelke, JJ., concur Court of Appeals No. 02CA1174 El Paso County District Court No. 96DR3686 Honorable Timothy J. Simmons, Judge In re the Marriage of Diana Dziedzic, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (10 of 25) [9/11/2008 9:53:20 AM]

11 Petitioner, and Michael Dziedzic, Appellee, and Concerning Chaffee County Department of Human Services, Intervenor-Appellant. ORDER AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Kapelke and Loeb, JJ., concur _ Court of Appeals No. 02CA1325 Industrial Claim Appeals Office of the State of Colorado DD No Walter O. Daulton, II, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Martin Luther Homes of Colorado, Inc., file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (11 of 25) [9/11/2008 9:53:20 AM]

12 Respondents. ORDER AFFIRMED Division V Opinion by JUDGE VOGT Rothenberg and Sternberg*, JJ., concur Court of Appeals No. 02CA1439 Weld County District Court No. 01CV0283 Honorable William L. West, Judge Nancy McBryde, Plaintiff-Appellant, Fred Fisher, Executive Director Colorado Department of Revenue, Motor Vehicle Division; and Steve J. Altman, Hearing Officer, Defendants-Appellees. JUDGMENT AFFIRMED Division IV Opinion by JUDGE GRAHAM Davidson, C.J., and Nieto, J., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (12 of 25) [9/11/2008 9:53:20 AM]

13 _ Court of Appeals No. 02CA1559 Larimer County District Court No. 01DR146 Honorable Jolene Carman Blair, Judge In re the Marriage of Megan Renpenning, Appellant, and Darwin Renpenning, Appellee, and Concerning David Renpenning and Lillian R. Renpenning, Intervenors-Appellees. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by CHIEF JUDGE DAVIDSON Nieto and Graham, JJ., concur Court of Appeals No. 02CA2156 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (13 of 25) [9/11/2008 9:53:20 AM]

14 City and County of Denver Juvenile Court No. 01JV17 Honorable Orrelle R. Weeks, Judge In the Interest of A.S. and A.S., Children, Upon the Petition of the Denver Department of Human Services, Petitioner-Appellee, and Concerning G.S., Respondent, and David Littman, Guardian Ad Litem-Appellant. JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE NEY Casebolt and Webb, JJ., concur Court of Appeals No. 02CA2183 City and County of Denver Juvenile Court No. 00JV1674 Honorable Karen M. Ashby, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (14 of 25) [9/11/2008 9:53:20 AM]

15 In the Interest of J.M.D, a Child, Upon the Petition of the Denver Department of Human Services, Petitioner-Appellee, and Concerning T.D., Respondent-Appellant. JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Ney and Webb, JJ., concur Court of Appeals No. 02CA2204 Arapahoe County District Court No. 02JA133 Honorable Cheryl L. Post, Judge In the Matter of the Petition of T.M.B., Petitioner-Appellee, For the Adoption of J.M.B., a child, and Concerning B.M.B., Respondent-Appellant. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (15 of 25) [9/11/2008 9:53:20 AM]

16 JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Ney and Webb, JJ., concur Court of Appeals No. 02CA2286 Industrial Claim Appeals Office of the State of Colorado WC No Tracy T. Roy, Petitioner, Industrial Claim Appeals Office of the State of Colorado, Pinnacol Assurance, and Hibbitts Construction, Inc., Respondents. ORDER AFFIRMED Division I Opinion by JUDGE TAUBMAN Kapelke and Loeb, JJ., concur _ file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (16 of 25) [9/11/2008 9:53:20 AM]

17 Court of Appeals No. 02CA2457 Industrial Claim Appeals Office of the State of Colorado WC No Larry Clemenson, Petitioner, Industrial Claim Appeals Office of the State of Colorado, Lovern s Painting, and Truck Insurance Exchange, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Ney and Webb, JJ., concur Court of Appeals No. 02CA2496 Industrial Claim Appeals Office of the State of Colorado DD No Jeremy D. Rozman, Petitioner, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (17 of 25) [9/11/2008 9:53:20 AM]

18 Industrial Claim Appeals Office of the State of Colorado and RM Design & Construction, Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE GRAHAM Davidson, C.J., and Nieto, J., concur _ Court of Appeals No. 02CA2534 Weld County District Court No. 01JV613 Honorable Roger A. Klein, Judge Honorable P. Dinsmore Tuttle, Magistrate Petitioner-Appellee, In the Interest of O.G., III, A.G., J.G., and D.G., Children, and Concerning O.G., Jr., Respondent-Appellant. JUDGMENT AFFIRMED Division II file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (18 of 25) [9/11/2008 9:53:20 AM]

19 Opinion by JUDGE WEBB Ney and Casebolt, JJ., concur Court of Appeals No. 02CA2580 Industrial Claim Appeals Office of the State of Colorado WC No Romolo Chavez, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Atmel Corporation, Respondents. ORDER AFFIRMED IN PART, SET ASIDE IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ROTHENBERG Vogt and Sternberg*, JJ., concur _ Court of Appeals No. 03CA0148 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (19 of 25) [9/11/2008 9:53:20 AM]

20 Industrial Claim Appeals Office of the State of Colorado DD No Ronnie M. Thompson, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Rite of Passage, Inc., Respondents. ORDER AFFIRMED Division V Opinion by JUDGE ROTHENBERG Vogt and Sternberg*, JJ., concur _ Court of Appeals No. 03CA0331 Industrial Claim Appeals Office of the State of Colorado DD No Autumn J. Gold, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Atlantis file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (20 of 25) [9/11/2008 9:53:20 AM]

21 Community, Inc., Respondents. ORDER AFFIRMED Division III Opinion by JUDGE MARQUEZ Roy and Dailey, JJ., concur _ Court of Appeals No. 03CA0568 Industrial Claim Appeals Office of the State of Colorado DD No Wanda J. Ross-Peterson, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Safeway Stores, Inc., Respondents. ORDER AFFIRMED Division III Opinion by JUDGE DAILEY Marquez and Roy, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (21 of 25) [9/11/2008 9:53:20 AM]

22 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. 01CA0660 Michael L. Schissler, Petition for Rehearing DENIED Court of Appeals No. 01CA1110 Fred Abram, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (22 of 25) [9/11/2008 9:53:20 AM]

23 Petition for Rehearing DENIED _ Court of Appeals No. 01CA1932 Christopher Hudy, Petition for Rehearing DENIED Court of Appeals No. 01CA2053 Benjamin Hill, Petition for Rehearing DENIED _ file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (23 of 25) [9/11/2008 9:53:20 AM]

24 Court of Appeals No. 02CA0039 Roman O. Huerta-Lozano, Petition for Rehearing DENIED Court of Appeals No. 02CA0423 Raymond Price, Petition for Rehearing DENIED _ Court of Appeals No. 02CA2027 Marybelle Hoffman, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2003/ htm (24 of 25) [9/11/2008 9:53:20 AM]

25 Petitioner, Industrial Claim Appeals Office of the State of Colorado, United Airlines, Inc., and Alexis, Inc., Respondents. 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 (25 of 25) [9/11/2008 9:53:20 AM]