ANNOUNCEMENTS
COLORADO COURT OF APPEALS
December 8, 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. 09CA1400
Adams County District Court No. 08CR384
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Jay Poage,
Defendant-Appellant.
Judgment VACATED
Division I
Opinion by JUDGE ROMán
Taubman and Booras, JJ., concur
Court of Appeals No. 10CA1024
Eagle County District Court No. 06CV350
Honorable Frederick W. Gannett, Judge
Beaver Creek Property Owners Association, Inc.; Strawberry Park at Beaver Creek Owners Association, Inc.; Milledge A. Hart, III; Jack Bergman; and John Does 2 and 3 (Owners of Lots in Strawberry Park),
Plaintiffs-Appellees,
v.
Bachelor Gulch Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,
Defendant-Appellant.
ORDERS AFFIRMED IN PART, REVERSED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GABRIEL
Dailey and Graham, JJ., concur
Court of Appeals No. 10CA1665
Adams County District Court No. 07CV126
Honorable Katherine R. Delgado, Judge
Janis M. Reigel,
Plaintiff-Appellee,
and
Brent Reigel and Bradley Reigel,
Plaintiffs-Appellees and Cross-Appellants,
v.
SavaSeniorCare L.L.C., a Delaware limited liability company; SavaSeniorCare Administrative Services, L.L.C., a Delaware limited liability company; and SSC Thornton Operating Company, L.L.C., a Delaware limited liability company, d/b/a Alpine Living Center,
Defendants-Appellants and Cross-Appellees.
JUDGMENTS AFFIRMED IN PART, REVERSED IN PART, AND VACATED
IN PART, ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE J. JONES
Carparelli and Furman, JJ., concur
Court of Appeals No. 10CA1853
Larimer County District Court No. 10CV583
Honorable Jolene C. Blair, Judge
Anthony Janicek and Pamela Janicek,
Plaintiffs-Appellants and Cross-Appellees,
v.
Obsideo, LLC and 1502 Forrestal, LLC, as Assignee of Obsideo, LLC,
Defendants-Appellees,
and
Snavely Development Company, Assignor to Obsideo, LLC,
Defendant-Appellee and Cross-Appellant.
ORDERS AFFIRMED
Division II
Opinion by JUDGE MILLER
Casebolt and Lichtenstein, JJ., concur
Court of Appeals No. 10CA2349
Adams County District Court No. 09CV921
Honorable Katherine R. Delgado, Judge
Thyssenkrupp Safway, Inc., f/k/a Safway Services, Inc., a Delaware corporation,
Plaintiff-Appellant,
v.
Hyland Hills Parks and Recreation District,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Miller, JJ., concur
Court of Appeals No. 11CA0461
Pueblo County District Court No. 10CV225
Honorable Robert W. Ogburn, Judge
Mid-Century Insurance Company, a California corporation,
Plaintiff-Appellee,
v.
Alvino Robles,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE BOORAS
Taubman and Román, JJ., concur
Court of Appeals No. 11CA0588
Montrose County District Court No. 09CV360
Honorable James Schum, Judge
Sheep Mountain Alliance,
Plaintiff-Appellant,
v.
Board of County Commissioners, Montrose County, Colorado,
Defendant-Appellee,
and
Steve White, in his official capacity as Montrose County Land Use Director,
Defendant-Appellee and Intervenor,
and
Energy Fuels Resources Corporation,
Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Román and Booras, JJ., concur
Court of Appeals No. 11CA2231
Jefferson County District Court No. 11CV1731
Honorable Dennis J. Hall, Judge
Barbara Wahrman,
Plaintiff-Petitioner,
v.
Golden West Realty, Inc., and Kathleen Smith,
Defendants-Respondents.
PETITION DENIED AND APPEAL DISMISSED
Division A
Opinion by JUDGE WEBB
J. Jones and Gabriel, 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. 08CA0510
Pueblo County District Court No. 06CR2177
Honorable Rosalie Vigna, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Wilbur Dreibholz,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Hawthorne and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1249
Las Animas County District Court No. 08CR189
Honorable Leslie J. Gerbracht, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Gilbert Salazar,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE ROTHENBERG*
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1851
Adams County District Court No. 08CR2963
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eli Joseph Kelly,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE ROTHENBERG*
Furman and J. Jones, JJ., concur
Court of Appeals No. 09CA1957
Adams County District Court No. 08CR3049
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Omar Jorge Cruz-Avila,
Defendant-Appellant.
Judgment Affirmed
Division I
Opinion by JUDGE ROMán
Taubman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2205
Adams County District Court No. 08CR3599
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Israel Ham Munoz,
Defendant-Appellant.
SENTENCE AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Furman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1965
Adams County District Court No. 09CV1262
Honorable Edward C. Moss, Judge
Amend Partners,
Plaintiff-Appellee,
v.
Ronnie Fischer of the Fischer Law Firm, P.C.,
Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Furman and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2107
City and County of Denver District Court No. 07CR5744
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John B. Charon,
Defendant-Appellant.
APPEAL DISMISSED
Division I
Opinion by JUDGE ROMán
Taubman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2352
Pueblo County District Court No. 10PR132
Honorable Jill Mattoon, Judge
In re the Estate of M. Helen Scharton, a/k/a Martha Helene Scharton, deceased.
Daniel Lloyd Smith,
Defendant-Appellee,
v.
James S. Oliver,
Attorney-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE BOORAS
Taubman and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2562
Mesa County District Court No. 10DR332
Honorable Brian J. Flynn, Judge
In re the Marriage of
Kelli Vavak, n/k/a Kelli Countryman,
Appellant,
and
William C. Vavak,
Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1109
Arapahoe County District Court No. 02CR1040
Honorable Michael Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Raynell Cooper,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Taubman, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1389
Industrial Claim Appeals Office of the State of Colorado
DD No. 4283-2011
Pamela R. Settles,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Connecticut General Life Insurance Company,
Respondents.
ORDER AFFIRMED
Division
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J. and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1592
Industrial Claim Appeals Office of the State of Colorado
DD No. 9478-2011
Melissa L. Steward,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Hobby Lobby Stores, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1697
Industrial Claim Appeals Office of the State of Colorado
DD No. 15461-2011
Danelle R. Cortez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and SquareTwo Financial Corporation,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1733
Industrial Claim Appeals Office of the State of Colorado
DD No. 13703-2011
Ibadella Stevenson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Shared Touch, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Bernard, Lichtenstein, and Booras, 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. 07CA2511
El Paso County District Court Nos. 06CR4005, 06CR5051 & 06CR5412
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Allen Gregg,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0184
City and County of Denver District Court No. 06CR10724
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terry Ricardo Gay,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0356
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bruce Robert Goldman,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0633
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mihail Stefanov Petrov,
Defendant-Appellant.
Opinion Modifed and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1626
In re the Marriage of
Amanda S. Prentiss,
Appellee,
and
Bernd Hoefel,
Appellant.
Opinion Modified and
Petitions 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. 2011.