ANNOUNCEMENTS
COLORADO COURT OF APPEALS
December 29, 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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA2054
Arapahoe County District Court No. 07CV1773
Honorable Michael J. Spear, Judge
Dorothy L. Breezie Hauck and Aaron Allen,
Plaintiffs-Appellants,
v.
David T. Simmons, II,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2454
Boulder County District Court No. 05PR255
Honorable Morris W. Sandstead, Jr., Judge
In re the Matter of the Barbara J. Mikovec Living Trust,
Carolyn Weidman, as Trustee of the Barbara J. Mikovec Living Trust,
Petitioner-Appellee,
v.
Marion Stanton,
Respondent-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GRAHAM
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2726
Arapahoe County District Court Nos. 06CR2074, 06CR2809, 07CR3116 & 08CR258
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marquell Lamont Terrell,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Russel and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0295
Larimer County District Court No. 09CR618
Honorable Terence A. Gilmore, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Larry Gale Seabolt,
Defendant-Appellee.
ORDER AFFIRMED
Division II
Opinion by JUDGE MILLER
Casebolt and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1301
Jefferson County District Court No. 04CV1190
Honorable Jane A. Tidball, Judge
Paul Gordon, LLC; and Paul Gordon,
Attorneys-Appellants,
v.
Bruce P. Fierst, P.C.; and Bruce P. Fierst,
Attorneys-Appellees.
ORDER AFFIRMED
Division I
Opinion by JUDGE BOORAS
Román and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2033
El Paso County District Court No. 08CV474
Honorable Scott A. Sells, Judge
Paulsen and Ryan, Inc.; Visionary Homes, Inc.; Cottonwood Creek Estate Property Owners Association; and Sveterrence, Inc.,
Plaintiffs-Appellees,
and
Terrence Moore; Kevin Ryan; and Sylvia Boehme,
Third Party Defendants-Appellees,
v.
Robert Apodaca,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Nieto*, JJ., concur
Court of Appeals No. 10CA2044
Fremont County District Court No. 09CR7
Honorable David Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Ciric,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2681
Summit County District Court No. 09CV143
Honorable W. Terry Ruckriegle, Judge
Yacht Club Condominiums Home Owners Association, Steve Delaney, and Robert R. Duncan,
Plaintiffs-Appellees,
v.
Town of Dillon, Colorado,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0776
Mesa County District Court No. 09DR1199
Honorable Brian J. Flynn, Judge
In re the Marriage of
Christopher Knob,
Appellee,
and
Jillian Knob, n/k/a Jillian Gallup,
Appellant.
JUDGMENT AFFIRMED AND CASE,
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Nieto*, JJ., concur
Court of Appeals No. 11CA0908
Industrial claim Appeals Office of the State of Colorado
WC No. 4-782-977
Ernest Olaes, a/k/a Israel Ruano
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Elkhorn Construction Company, and Insurance Company of the State of Pennsylvania,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0945
City and County of Denver District Court No. 08CR1674
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carl D. McIntyre,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1103
Industrial Claim Appeals Office of the State of Colorado
DD No. 6500-2011
David E. Nichol,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and EDS Waste Solutions, Inc.,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Ney*, JJ., concur
Court of Appeals No. 11CA1316
El Paso County District Court No. 10DR26
Honorable Jann P. Dubois, Judge
In re the Parental Responsibilities of A.M., a Child,
and Concerning Sara Henry,
Appellee,
and
Nicholas Moran,
Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE MARQUEZ*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1591
Industrial Claim Appeals Office of the State of Colorado
DD No. 10396-2011
John D. Eckhardt,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and VideoBloom, Inc.,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE NEY*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1649
Industrial Claim Appeals Office of the State of Colorado
DD No. 7902-2011
Janet M. Miller,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Merck Sharp & Dohme Corporation,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Márquez*, J., concur
M O D I F I E D O P I N I O N S
Court of Appeals No. 10CA0661
Adams County District Court Nos. 06CR3401 & 08CR299
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Luis Ramon Luevano,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division III
Opinion by JUDGE FOX
Roy and Webb, JJ., concur
Opinion Modified on Court’s Own Motion
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. 08CA1470
El Paso County District Court No. 06CR5062
Honorable Deborah J. Grohs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Hewling,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA0825
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Francis Kripal,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2583
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tony Wayne Maxson,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 10CA0214
Jerry Gnadt,
Plaintiff-Appellant and Cross-Appellee,
v.
Genesys Conferencing, Inc., a Delaware corporation,
Defendant-Appellee and Cross-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 10CA1122
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Antonio Alexander,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 10CA1173
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Tell Wehrle,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 10CA1861
Capital One Bank (USA), N.A.,
Plaintiff-Appellee,
v.
Kenneth A. Knapp,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 10CA2258
William Bartnick and Laura Bartnick,
Plaintiffs-Appellants,
v.
City of Englewood, a home rule municipality; Judge Vincent Ross Atencio, individually and in his official Englewood capacity; James Woodward, individually and in his official Englewood capacity as City Mayor; Robert McCaslin, individually and in his official Englewood capacity as City Council Representative at large; Gary Sears, City Manager, individually and in his official Englewood capacity; Daniel Lee Brotzman, individual and as Englewood City Attorney; Lance Smith and Tricia Langon, individually and in their official roles as employees; Ronald Noffsinger; Robin Noffsinger; Greg Pickett, a/k/a Greg Alan-Pickett; Miguel Drake; Anne Drake; and Chris Carman,
Defendants-Appellees.
Petition for Rehearing DENIED
* Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.