ANNOUNCEMENTS COLORADO COURT OF APPEALS. May 13, 1999

Transcription

1 ANNOUNCEMENTS COLORADO COURT OF APPEALS May 13, 1999 P U B L I S H E D O P I N I O N S No. 96CA0426 Joseph D. Vigil, Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge No. 71CR64482 Division I ORDER AFFIRMED Opinion by JUDGE METZGER Taubman and Casebolt, JJ., concur No. 97CA0680 William J. Lucero, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (1 of 27) [9/11/ :10:18 AM]

2 Appeal from the District Court of Jefferson County Honorable Kenneth E. Barnhill, Jr., Judge Honorable Frank Plaut, Judge No. 96CR348 Division IV JUDGMENTS AFFIRMED IN PART, Opinion by JUDGE RULAND VACATED IN PART, AND CAUSE Ney and Rothenberg, JJ., concur REMANDED WITH DIRECTIONS No. 97CA1568 Trevor P. Jones, Appeal from the District Court of the City and County of Denver Honorable Nancy E. Rice, Judge No. 96CR5379 Division A JUDGMENTS AFFIRMED IN PART, Opinion by JUDGE CASEBOLT VACATED IN PART, AND CAUSE Hume, C.J., and Roy, J., concur REMANDED WITH DIRECTIONS No. 97CA2029 Kimberly A. Allen Trust, Plaintiff-Appellant, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (2 of 27) [9/11/ :10:18 AM]

3 FirstBank of Lakewood, N.A., Defendant-Appellee. Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, Judge No. 97CV979 Division II JUDGMENT REVERSED Opinion by JUDGE KAPELKE AND CAUSE REMANDED Criswell and Plank, JJ., concur WITH DIRECTIONS No. 97CA2177 Academy of Charter Schools, a charter school, et al., Plaintiffs-Appellants, Adams County School District No. 12, and Board of Education, Adams County School District No. 12, Defendants-Appellees. Division A JUDGMENT AFFIRMED IN PART, Appeal from the District Court of Adams County Honorable Harlan R. Bockman, Judge No. 97CV1057 Opinion by JUDGE ROY REVERSED IN PART, AND CAUSE Hume, C.J., and Casebolt, J., concur REMANDED WITH DIRECTIONS No. 97CA2262 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (3 of 27) [9/11/ :10:18 AM]

4 Richard C. O Reilly, Plaintiff-Appellee and Cross-Appellant, Physicians Mutual Insurance Company, a Nebraska corporation, Defendant-Appellant and Cross-Appellee, and James J. Frost, Appellant and Cross-Appellee. Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Judge No. 94CV1086 Division III ORDER REVERSED, Opinion by JUDGE JONES JUDGMENT AFFIRMED IN PART, Marquez and Roy, JJ., concur REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS No. 98CA0154 The Town of Berthoud, Colorado, a statutory municipality located in the Counties of Weld and Larimer, and the Board of Trustees of Town of Berthoud, Plaintiffs-Appellants, The Town of Johnstown, Colorado, a statutory municipality located in Weld County and the Board of Trustees of Town of Johnstown, Defendants-Appellees. Appeal from the District Court of Weld County file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (4 of 27) [9/11/ :10:18 AM]

5 Honorable William L. West, Judge No. 97CV162 Division IV JUDGMENT AFFIRMED Opinion by JUDGE ROTHENBERG Ney and Ruland, JJ., concur No. 98CA0426 The Department of Revenue, State of Colorado, Defendant-Appellant, Durango & Silverton Narrow Gauge Railroad Company, Plaintiff-Appellee. Division II JUDGMENT AFFIRMED Opinion by JUDGE CRISWELL Plank and Kapelke, JJ., concur Appeal from the District Court of La Plata County Honorable Gregory G. Lyman, Judge No. 94CV264 No. 98CA0545 Karen Springer, City and County of Denver, a municipal corporation, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (5 of 27) [9/11/ :10:18 AM]

6 Appeal from the District Court of the City and County of Denver Honorable Morris B. Hoffman, Judge No. 97CV924 Division III ORDER REVERSED Opinion by JUDGE ROY AND CAUSE REMANDED Jones and Marquez, JJ., concur WITH DIRECTIONS No. 98CA0764 Vance E. Martin, Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge No. 93CR3341 Division V ORDER AFFIRMED Opinion by JUDGE BRIGGS Davidson and Vogt, JJ., concur No. 98CA0894 Paraguay Place-View Trust, Plaintiff-Appellant, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (6 of 27) [9/11/ :10:18 AM]

7 Albert W. Gray and Jackie R. Gray, Defendants-Appellees. Division A JUDGMENT REVERSED Appeal from the District Court of Adams County Honorable Thomas R. Ensor, Judge No. 98CV1498 Opinion by JUDGE CASEBOLT AND CAUSE REMANDED Marquez, J., concurs WITH DIRECTIONS Ruland, J., dissents No. 98CA1278 Tiem Q. Nguyen, Regional Transportation District, Appeal from the District Court of the City and County of Denver Division A ORDER AFFIRMED Opinion by JUDGE TURSI* Taubman and Kirshbaum*, JJ., concur Honorable Robert S. Hyatt, Judge No. 95CV4604 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (7 of 27) [9/11/ :10:18 AM]

8 No. 98CA1347 Fred Diaz, Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Jr., Judge No. 94CR1780 Division V ORDER AFFIRMED Opinion by JUDGE VOGT Davidson and Briggs, JJ., concur No. 98CA1575 Mary Hierath-Prout, Plaintiff-Appellant, Colin Bradley, Defendant-Appellee. Appeal from the District Court of the City and County of Denver Honorable R. Michael Mullins, Judge No. 97CV555 Division ORDER AFFIRMED Opinion by JUDGE MARQUEZ Jones and Roy, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (8 of 27) [9/11/ :10:18 AM]

9 U N P U B L I S H E D O P I N I O N S No. 97CA0105 NOT SELECTED FOR PUBLICATION Josepheus Haynes, Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge No. 95CR3922 Division III JUDGMENT AFFIRMED Opinion by JUDGE JONES Marquez and Roy, JJ., concur No. 97CA0629 NOT SELECTED FOR PUBLICATION United Services Automobile Association, as subrogee of Charles Cino, Plaintiff-Appellant, Dollar Rent-A-Car, Defendant-Appellee. Appeal from the District Court of the City and County of Denver file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (9 of 27) [9/11/ :10:18 AM]

10 Honorable Robert S. Hyatt, Judge No. 96CV6675 Division I JUDGMENT AFFIRMED Opinion by JUDGE JONES Metzger and Kapelke, JJ., concur No. 97CA1366 NOT SELECTED FOR PUBLICATION Michael A. Pritchard, Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge No. 92CR871 Division II ORDER AFFIRMED Opinion by JUDGE KAPELKE Criswell and Plank, JJ., concur No. 97CA1780 NOT SELECTED FOR PUBLICATION Spero J. Benias, Plaintiff-Appellant, Allantowne Investment Company, a Colorado limited liability company, et al., file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (10 of 27) [9/11/ :10:18 AM]

11 Defendants-Appellees, and John W. Mathers, et al., Defendants. Appeal from the District Court of El Paso County Honorable Theresa M. Cisneros, Judge No. 97CV654 Division III JUDGMENTS AND ORDER Opinion by JUDGE CASEBOLT AFFIRMED AND CAUSE Ney and Marquez, JJ., concur REMANDED WITH DIRECTIONS No. 97CA2086 NOT SELECTED FOR PUBLICATION Kevin Jerome Hillman, Appeal from the District Court of El Paso County Honorable Theresa M. Cisneros, Judge No. 96CR3259 Division V JUDGMENT AFFIRMED Opinion by JUDGE ROY Rothenberg and Taubman, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (11 of 27) [9/11/ :10:18 AM]

12 No. 97CA2116 NOT SELECTED FOR PUBLICATION Sean M. Streeper, Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge No. 97CR394 Division II JUDGMENT AFFIRMED Opinion by JUDGE PLANK Criswell and Kapelke, JJ., concur No. 97CA2166 NOT SELECTED FOR PUBLICATION Michael E. Brooks, Appeal from the District Court of Pueblo County Honorable Dennis Maes, Judge No. 94CR1308 Division I ORDER AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (12 of 27) [9/11/ :10:18 AM]

13 Opinion by JUDGE CRISWELL Metzger and Davidson, JJ., concur No. 98CA0110 NOT SELECTED FOR PUBLICATION James E. Cousins, Appeal from the District Court of Jefferson County Honorable Tom Woodford, Judge No. 97CR917 Division V JUDGMENT AFFIRMED Opinion by JUDGE ROTHENBERG Taubman and Roy, JJ., concur No. 98CA0139 NOT SELECTED FOR PUBLICATION Steven Hernandez, Defendant- Appellant. Appeal from the District Court of the City and County of Denver file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (13 of 27) [9/11/ :10:18 AM]

14 Honorable Richard T. Spriggs, Judge No. 97CR1799 Division III JUDGMENT AFFIRMED Opinion by JUDGE CASEBOLT Ney and Marquez, JJ., concur No. 98CA0248 NOT SELECTED FOR PUBLICATION Jefferson County Board of County Commissioners, Petitioner-Appellee, and Colorado State Board of Assessment Appeals, Appellee, Property Tax Administrator, Respondent-Appellant, and Lutheran Medical Center, Intervenor-Appellant. Appeal from the Colorado State Board of Assessment Appeals No Division V ORDER AFFIRMED Opinion by JUDGE ROTHENBERG Taubman and Roy, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (14 of 27) [9/11/ :10:18 AM]

15 No. 98CA0543 NOT SELECTED FOR PUBLICATION In re the Marriage of Mary Padilla, Appellant, and Jose A. Padilla, Appellee. Appeal from the District Court of the City and County of Denver Honorable David M. Johnson, Judge Honorable Frank Martinez, Judge No. 87DR697 Division I ORDER AFFIRMED Opinion by JUDGE METZGER Criswell and Davidson, JJ., concur No. 98CA0557 NOT SELECTED FOR PUBLICATION James W. Green, Appeal from the District Court of Prowers County Honorable Norman L. Arends, Judge No. 93CR113 Division II ORDER AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (15 of 27) [9/11/ :10:18 AM]

16 Opinion by JUDGE VOGT Plank and Jones, JJ., concur No. 98CA0749 NOT SELECTED FOR PUBLICATION Henry A. Perry, Plaintiff-Appellant, Gordon Beckhart, Defendant-Appellee, and Old Republic National Title Insurance Company, Intervenor-Appellee. Appeal from the District Court of El Paso County Honorable Michael J. Heydt, Judge No. 95CV1219 Division III JUDGMENT AFFIRMED Opinion by JUDGE MARQUEZ Ney and Casebolt, JJ., concur No. 98CA0805 NOT SELECTED FOR PUBLICATION Henry Espinosa, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (16 of 27) [9/11/ :10:18 AM]

17 Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge No. 94CR777 Division III ORDER AFFIRMED Opinion by JUDGE NEY Marquez and Casebolt, JJ., concur No. 98CA0835 NOT SELECTED FOR PUBLICATION In re the Marriage of Sharon Delaney, Appellee, and Michael Delaney, Appellant. Appeal from the District Court of Jefferson County Honorable Leland P. Anderson, Judge No. 96DR865 Division I JUDGMENT AFFIRMED Opinion by JUDGE CRISWELL Metzger and Davidson, JJ., concur No. 98CA1224 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (17 of 27) [9/11/ :10:18 AM]

18 Plaintiff- Appellee, Christopher J. Sandoval, Defendant- Appellant. Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge No. 85CR2336 Division III ORDER AFFIRMED Opinion by JUDGE CASEBOLT Ney and Marquez, JJ., concur No. 98CA1291 NOT SELECTED FOR PUBLICATION In re the Marriage of Catherine Dunn, Appellee, and Frank Dunn, Appellant. Appeal from the District Court of Douglas County Honorable Thomas J. Curry, Judge No. 97DR460 Division V JUDGMENT AFFIRMED Opinion by JUDGE DAVIDSON file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (18 of 27) [9/11/ :10:18 AM]

19 Metzger and Criswell, JJ., concur No. 98CA1297 NOT SELECTED FOR PUBLICATION In re the Estate of Olga Metzger, Deceased. Kurt F. Metzger, Individually, et al., Plaintiffs-Appellees, Roy H. Metzger, Appeal from the District Court of Rio Grande County Honorable Robert W. Ogburn, Judge No. 97CV60 Division III ORDER AFFIRMED Opinion by JUDGE NEY Marquez and Casebolt, JJ., concur No. 98CA1304 NOT SELECTED FOR PUBLICATION In the Interest of E.A.R., A Child, Upon the Petition of the Denver Department of Social Services, a/k/a Denver Department of Human Resources, Petitioner-Appellee, and Concerning C.J.R., Respondent-Appellant. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (19 of 27) [9/11/ :10:18 AM]

20 Appeal from the Juvenile Court of the City and County of Denver Honorable Dana U. Wakefield, Judge No. 95JV1442 Division IV JUDGMENT AFFIRMED Opinion by JUDGE RULAND Briggs and Kapelke, JJ., concur No. 98CA1534 NOT SELECTED FOR PUBLICATION David Martin Tucker Appeal from the District Court of Jefferson County Honorable William P. DeMoulin, Judge No. 96CR1332 Division III ORDER AFFIRMED Opinion by JUDGE MARQUEZ AND CAUSE REMANDED Ney and Casebolt, JJ., concur WITH DIRECTIONS No. 98CA1701 NOT SELECTED FOR PUBLICATION In re the Marriage of Cindy S. Myers, Appellee, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (20 of 27) [9/11/ :10:18 AM]

21 and Michael B. Drury, Appellant. Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge Honorable Timothy L. Fasing, Judge No. 94DR2277 Division II APPEAL DISMISSED Opinion by JUDGE PLANK Jones and Vogt, JJ., concur No. 98CA2070 NOT SELECTED FOR PUBLICATION Rankin, Schubert, & Associates, L.L.C., Petitioner, The Industrial Claim Appeals Office of the State of Colorado and Diane K. Schick, Respondents. Review of Order from the Industrial Claim Appeals Office of the State of Colorado DD No Division A ORDER AFFIRMED Opinion by JUDGE PLANK Metzger and Criswell, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (21 of 27) [9/11/ :10:18 AM]

22 No. 98CA2125 NOT SELECTED FOR PUBLICATION Joe E. Suazo, Petitioner, The Industrial Claim Appeals Office of the State of Colorado and Regional Transportation District, Respondents. Division IV ORDER AFFIRMED Opinion by JUDGE BRIGGS Review of Order from the Industrial Claim Appeals Office Ruland and Kapelke, JJ., concur of the State of Colorado WC No No. 98CA2343 NOT SELECTED FOR PUBLICATION Catherine I. Lawley, Petitioner, The Industrial Claim Appeals Office of the State of Colorado and Department of Treasury, Respondents. Division IV ORDER AFFIRMED Review of Order from the Industrial Claim Appeals Office of the State of Colorado DD No file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (22 of 27) [9/11/ :10:18 AM]

23 Opinion by JUDGE KAPELKE Ruland and Briggs, JJ., concur P E T I T I O N S F O R R E H E A R I N G No. 96CA1565 Cory Morrison, Opinion Modified, and As Modified, Petition for Rehearing DENIED No. 97CA1174 Susan Aukema, Jim s Hardwood Floor Co., Inc., Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (23 of 27) [9/11/ :10:18 AM]

24 No. 97CA1506 Joseph A. Espinoza, Opinion Modified, and As Modified, Petitions for Rehearing DENIED No. 97CA1919 James H. Moore & Associates Realty, Inc., a Colorado corporation, Plaintiff-Appellant, Arrowhead at Vail, et al., Defendants-Appellees. Petition for Rehearing DENIED No. 97CA2004 Christiano D. Herman, Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (24 of 27) [9/11/ :10:18 AM]

25 No. 97CA2085 Joseph Garfield Valdez, Petition for Rehearing DENIED No. 98CA0309 Thomas Brown, Plaintiff-Appellant, American Family Insurance Group and American Family Mutual Insurance Company, Defendants-Appellees. Petition for Rehearing DENIED No. 98CA0539 Rebecca Lyons, Plaintiff-Appellant, City of Aurora, a Colorado Municipality, Defendant-Appellee. Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (25 of 27) [9/11/ :10:18 AM]

26 Marquez, J., would GRANT No. 98CA0621 Scott M. Pilarski, Petition for Rehearing DENIED No. 98CA0655 Robert C. Nolan, Petition for Rehearing DENIED No. 98CA1026 Corina Bradley, Petitioner, The Industrial Claim Appeals Office of the State of Colorado; Ampex Corporation; and Insurance Company of the State of Pennsylvania, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (26 of 27) [9/11/ :10:18 AM]

27 Respondents. Petition for Rehearing DENIED No. 98CA1569 Sun Microsystems, Inc. and American Motorists Insurance Company, Petitioners, The Industrial Claim Appeals Office of the State of Colorado and William Hollis, Respondents. Petition for Rehearing DENIED No. 98CA1598 Harlan R. Garcia, Petitioner, The Industrial Claim Appeals Office of the State of Colorado, Rockwell International, Travelers Insurance Company, and The Subsequent Injury Fund, Respondents. Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (27 of 27) [9/11/ :10:18 AM]