ANNOUNCEMENTS
COLORADO COURT OF APPEALS
September 1, 2011
“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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA2422
Washington County District Court No. 08CV1
Honorable Michael K. Singer, Judge
April Arnold,
Plaintiff-Appellant,
v.
Anton Cooperative Association, Chester Kenney, and Louanne Kenney,
Defendants-Appellees.
JUDGMENT AND ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TERRY
Miller, J., concurs
Taubman, J., concurs in part and dissents in part
Court of Appeals No. 10CA1264
City and County of Denver District Court No. 09CR467
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Giel Boles,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division II
Opinion by JUDGE PLANK*
Casebolt and Webb, JJ., concur
Court of Appeals No. 10CA1316
El Paso County District Court No. 08CV2963
Honorable Thomas Kelly Kane, Judge
Robert Draper,
Plaintiff-Appellant,
v.
Christie DeFrenchi-Gordineer, John Nelson, Gregory Nelson, and Cynthia Nelson,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
Court of Appeals No. 11CA0665
Industrial Claim Appeals Office of the State of Colorado
DD No. 3180-2011
John A. Norman,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and GMRI, Inc., d/b/a Red Lobster and Olive Garden Restaurants,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division C
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Bernard, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA0905
El Paso County District Court No. 08CR2857
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricky Lee Darrington, III,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FOX
Graham and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1817
Jefferson County District Court No. 08CR339
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sharles Johnson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0409
Las Animas County District Court No. 08CV45
Honorable Leslie J. Gerbracht, Judge
Bonnie Lamkin, individually and as representative of the Estate of Donald Lamkin,
Plaintiff-Appellant and Cross-Appellee,
v.
Larry E. Purcell,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE KAPELKE*
Terry and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0797
City and County of Denver District Court No. 07CV6089
Honorable Larry J. Naves, Judge
David “Damien” LaGoy and Daniel J. Pope,
Plaintiffs-Appellees,
v.
Governor John Hickenlooper, in his official capacity as Governor of Colorado; Ronald S. Hyman, in his official capacity as Colorado State Registrar of Vital Statistics; Martha E. Rudolph, in her official capacity as Executive Director of the Colorado Department of Health and Environment; and the State Board of Health,
Defendants-Appellants.
APPEAL DISMISSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE GABRIEL
Richman and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0959
Adams County District Court No. 09CV351
Honorable Edward C. Moss, Judge
D/E Excavating & Backhoe Services, Inc., a Colorado corporation,
Plaintiff-Appellant,
and
Eugene Aragon,
Defendant-Appellant
v.
B.S.L.N.I., Inc., a Colorado corporation,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE MILLER
Taubman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1655
Montezuma County District Court No. 08CV159
Honorable Douglas S. Walker, Judge
Annamarie J. Carter,
Plaintiff-Appellee,
v.
Michael P. Radzinski,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1807
El Paso County District Court No. 10CV3163
Honorable Gregory R. Werner, Judge
FirstGroup America, Inc., a Delaware corporation; and First Transit, Inc., a Delaware corporation,
Plaintiffs-Appellees,
v.
City of Colorado Springs, a Colorado municipal corporation and home rule city,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Hawthorne and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2135
City and County of Denver District Court No. 08CR2674
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anna T. Davis,
Defendant-Appellant.
SENTENCES AFFIRMED
Division B
Carparelli, Miller, and Fox, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2216
Moffat County District Court No. 01DR51
Honorable Sandra H. Gardner, Judge
In re the Parental Responsibilities of A.J.L. and C.D.L., Children,
and Concerning Joe Daniel Long,
Appellee,
and
Londa Sue McGee, n/k/a Londa Sue Neal,
Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Hawthorne and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2251
City and County of Denver District Court No. 10CV2195
Honorable Sheila A. Rappaport, Judge
Fireman’s Fund Insurance Company,
Plaintiff-Appellant,
v.
Robert E. Kinghorn,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Webb and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0211
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-759-063
Time Warner Cable and ESIS/ACE American Insurance,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Rosalyn Ellis,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Fox, J., concurs
Graham, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0789
Industrial Claim Appeals Office of the State of Colorado
DD No. 35892-2010
Marilyn L. Jackson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and US Postal Service,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0816
Industrial Claim Appeals Office of the State of Colorado
DD No. 4205-2011
Ernestina Ovalle,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and TESSA,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0833
Industrial Claim Appeals Office of the State of Colorado
DD No. 3101-2011
Peggy A. Stanley,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Dominican Sisters Home Health Agency,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0924
Adams County District Court No. 03CR2071
Honorable Patrick T. Murphy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael T. Wheeler,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Graham, Gabriel, and Miller, JJ.
PER CURIAM
Court of Appeals No. 11CA0979
Industrial Claim Appeals Office of the State of Colorado
DD No. 3085-2011
Laura E. Rademacher,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Phantom Canyon Brewing Company,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1209
Industrial Claim Appeals Office of the State of Colorado
DD No. 8109-2011
Jeannette N. Joos,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Francis Heights, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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. 07CA0759
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Sandoval-Candelaria,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 07CA2318
People of the State of Colorado
Plaintiff-Appellee
v.
James Henry Bigboy, Jr.
Defendant-Appellant
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2358
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward Roy Gomez,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA2699
Oloyea D. Wallin,
Plaintiff-Appellant,
v.
Janene McCabe and Sean McDermott,
Defendants-Appellees.
Petition for Rehearing DENIED
Court of Appeals No. 10CA1169
Lawrence William Fitzgerald,
Plaintiff-Appellant,
v.
Corrections Corporation of America; Hoyt Brill, Warden; and Kerry Kahle,
Defendants-Appellees,
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1421
Allen Russell,
Plaintiff-Appellant,
v.
Guaranty Bank and Trust Company, a Colorado banking association; Colorado Business Bank, a Colorado baking association; the Denver Public Trustee; the Denver Treasurer; Saint Bernard Properties, LLC, a Colorado limited liability company; Nathan E. Beal; Carla Beal; 2801 Downing Street, LLC, a Colorado limited liability company; Sherman & Howard L.L.C., a Colorado limited liability company; Tamir Goldstein; Robert Brown; Kenneth B. Siegel; G. Michael Schuyler, a Colorado limited liability company; G. Michael Schuyler; Rothgerber Johnson & Lyons LLP, a Colorado limited liability company; Ben M. Ochoa; Jaclyn K. Casey; and Stephen T. Johnson,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2010.