ANNOUNCEMENTS
COLORADO COURT OF APPEALS
OCTOBER 18, 2012
“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. 08CA2175
El Paso County District Court Nos. 04CR4306 & 05CR528
Honorable Deborah J. Grohs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darrell Nathaniel Anderson,
Defendant-Appellant.
ORDERS AFFIRMED
Division I
Opinion by JUDGE RUSSEL
J. Jones, J., concurs
Taubman, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1709
Boulder County District Court No. 09CR740
Honorable Maria E. Berkenkotter, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abby Kimball Toll,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2210
Arapahoe County District Court No. 99CR601
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Salazar Cabias,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE MÁRQUEZ*
Loeb and Miller, JJ., concur
Court of Appeals No. 11CA0480
El Paso County District Court No. 10CR1601
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darren W. Wieck,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0942
City and County of Denver District Court No. 06CR3022
Honorable William D. Robbins, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert H. Dixon,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
Court of Appeals No. 11CA1309
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-424-488
Mariquita Moran-Butler,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; HealthOne/Spalding Rehabilitation Hospital; and Transportation Insurance,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Richman, J., concurs
Roy, J., dissents
Court of Appeals No. 11CA1344
Larimer County District Court No. 10DR643
Honorable Thomas R. French, Judge
In re the Marriage of
Kaye Blair,
Appellee,
and
Mark Blair,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1422
El Paso County District Court No. 09CV470
Honorable David A. Gilbert, Judge
Thomas Spitz,
Plaintiff-Appellee,
v.
Director, Colorado Department of Corrections; and Warden, Bent County Correctional Facility,
Defendants-Appellants.
APPEAL DISMISSED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 11CA1428
City and County of Denver District Court No. 02DR2561
Honorable Michael J. Vallejos, Judge
In re the Marriage of
Allison J. Ordway-Makeen, n/k/a Allison J. Ordway
Appellee,
and
Akeem A. Makeen,
Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
El Paso County District Court No. 03DR3989
Honorable Gilbert Martinez, Judge
In re the Marriage of
Dale C. Peterson,
Appellee,
and
Frances L.C. Peterson,
Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
Court of Appeals No. 11CA1879
Montrose County District Court No. 10CV470
Honorable Jeff B. Herron, Judge
Board of County Commissioners, Montrose County, State of Colorado,
Plaintiff-Appellant,
v.
Board of Trustees for Montrose Memorial Hospital, a body politic and its individual Trustees; J. Stephen Glassman; Patricia Dickinson; Debra A. Harmon; William Bennett; Louis H. Winkler, M.D.; and James Whitticom,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
Furman and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1916
El Paso County District Court No. 09CV6690
Honorable Timothy J. Schutz, Judge
Honorable Scott A. Sells, Judge
Estate of Anthony J. Ambroso, by and through his Co-Conservators,
Curtis Ambroso and Alicia Ambroso,
Plaintiff-Appellant,
v.
David Hoover, M.D.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2199
Lincoln County District Court No. 11CV31
Honorable Stanley A. Brinkley, Judge
Leroy Damasio Fresquez,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections; and Warden of Limon Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur
Court of Appeals No. 11CA2342
Chaffee County District Court No. 10CV24
Honorable Jose D. L. Márquez, Judge
Mary Claire Wiegand,
Plaintiff-Appellant,
v.
J. Kyle Bachus; Bastion Kane; and Bachus and Schanker, LLC,
Defendants-Appellees.
APPEAL DISMISSED IN PART AND ORDER AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur
Court of Appeals No. 11CA2432
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-836-511
Gary L. Krueger,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Arvada Treatment Center, LLC; and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2519
Chaffee County District Court No. 11CV82
Honorable Charles M. Barton, Judge
Henry Lee Griffin, Jr.,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections; Warden of the Buena Vista Correctional Complex; Gerry Bland, Individually and in his official capacity; and Shannon Lynne Grant, Individually and in her official capacity;
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2544
Logan County District Court No. 11CV105
Honorable Charles M. Hobbs, Judge
Shawn Mandel Winkler,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections and Sterling Correctional Facility,
Defendants-Appellees.
ORDER AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur
Court of Appeals No. 11CA2561
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-797-234
Brad Kurtz,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, JBS Carriers, and Zurich American Insurance Company,
Respondents.
ORDER
AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0035
El Paso County District Court No. 08PR824
Honorable Robin L. Chittum, Judge
In the Matter of the Estate of Irene K. Norman, Deceased.
Teal E. Terry,
Personal Representative-Appellant and Cross-Appellee,
v.
Lark Ashford and Martin Ashford,
Claimants-Appellees and Cross-Appellants.
JUDGMENT AND ORDER AFFIRMED
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0253
Industrial Claim Appeals Office of the State of Colorado
W.C. No. 4-835-962
Kenneth D. Read,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Shannon Gaines and/or A&S Heating & Air; and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE NIETO*
Lichtenstein and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0732
Mesa County District Court No. 10JV311
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.C., a Child,
and Concerning D.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1043
Industrial Claim Appeals Office of the State of Colorado
DD No. 1490-2012
Mark A. Stanislawski,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and US Security Associates, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE PLANK*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1212
Adams County District Court No. 11JV137
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.D and A.D., Children,
and Concerning M.D.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1299
Industrial Claim Appeals Office of the State of Colorado
DD No. 4799-2012
Shelley W. Hodge,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and MC Circulation, Inc.,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1309
Weld County District Court No. 11JV206
Honorable Dinsmore Tuttle, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.L., a Child,
and Concerning R.L.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1371
City and County of Denver Juvenile Court No. 11JV225
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.M.L., a Child,
and Concerning C.J.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1434
Industrial Claim Appeals Office of the State of Colorado
DD No. 6301-2012
Stephanie P. Randall,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Express Services, Inc. Express Employment Professionals,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE NEY*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1447
Industrial Claim Appeals Office of the State of Colorado
DD No. 7889-2012
Timothy J. Sutton,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Kroger Company,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Nieto*, J., concur
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. 10CA1198
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cristo Esquibel, Jr.,
Defendant-Appellant.
Petition for Rehearing DENIED
Carparelli, J., would GRANT
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1285
Patricia A. Anselmo, Dennis L. Yakobson, and West Ridge Group, LLC, a Colorado limited liability company,
Plaintiffs-Appellees,
v.
Phillip Ernest Anselmo,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1511
Colorado Coffee Bean, LLC, a Colorado limited liability company; MLT Taylor, LLC, a Colorado limited liability company; JFK, LLC, a Colorado limited liability company; CZ-DM, Inc., a Colorado corporation; JKKR, LLC, a Colorado limited liability company; Peak Mountain Coffee, Inc., a Colorado corporation; King Soopers JM, Inc., a Colorado corporation; ABC Sales, Inc., a Colorado corporation; and Double R Coffee, LLC, a Colorado limited liability company,
Plaintiffs-Appellants,
v.
Peaberry Coffee Inc., a Colorado corporation; Peaberry Coffee Franchise, Inc., a Colorado corporation; William I. Tointon; James T. Orr; and Perkins Coie, LLC, a Washington limited liability partnership,
Defendants-Appellees.
Opinion Modified and
Petitions for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2598
Michael Lawrence Thompson,
Plaintiff-Appellant,
v.
Colorado Department of Corrections; Tom Clements; John Suthers, Attorney General; Melissa Gallardo, Denver Parole Office Manager; CPO Gary Pacheco, Parole Officer; CPO Wes Allen, Parole Officer; CPO Michelle Anderson, Parole Officer; Ester Smith, Director, Correctional Management, Inc. (CMI); Jason Miller, CMI Technician; Allison Brooks, CMI Security Officer,
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. 2012.