ANNOUNCEMENTS
COLORADO COURT OF APPEALS
FEBRUARY 17, 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. 09CA0676
Logan County District Court No. 08CR103
Honorable Kevin L. Hoyer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyler N. LePage,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Plank*, J., concurs
Gabriel, J., dissents
Court of Appeals No. 09CA1002
Arapahoe County District Court No. 89DR2840
Honorable Robert H. Russell, Judge
In re the Marriage of
Jeffrey S. Davis,
Appellee,
and
Gail Davis, n/k/a Gail Nguyen,
Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE DAILEY
Miller and Nieto*, JJ., concur
Court of Appeals No. 10CA0112
Boulder County District Court No. 01PR541
Honorable Thomas F. Mulvahill, Judge
In the Matter of the Estate of Matthew D. Keenan, a protected person,
Appellant,
v.
Colorado State Bank and Trust,
Appellee.
ORDERS AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE WEBB
Graham and J. Jones, 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. 07CA0022
Jefferson County District Court No. 06CR785
Honorable Thomas C. Levi, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Dean Compton,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FOX
Loeb and Casebolt, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1251
Adams County District Court No. 06CR373
Honorable C. Scott Crabtree, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Patrick Grant,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Webb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2321
City and County of Denver District Court No. 06CR3918
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terrance Lee Johnson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Román and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0972
Adams County District Court No. 07CR687
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Todd Eric Wuthrich,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Román and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1229
Adams County District Court No. 06CR3925
Honorable C. Scott Crabtree, Judge
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mauro Jesus Aquirre-Llanas.
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
Court of Appeals No. 08CA1978
Arapahoe County District Court No. 96CR169
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alexander Lorenzo Stanley,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Carparelli and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2523
Morgan County District Court No. 00CR23
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Plaintiff-Appellee
v.
Alan Lewis,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0800
Adams County District Court No. 04CR2801
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Anthony Barone,
Defendant-Appellant.
ORDER Affirmed
Division VI
Opinion by JUDGE ROMán
Hawthorne and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0850
City and County of Denver District Court No. 06CR10087
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William David Gross,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Carparelli and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1096
Adams County District Court No. 08CR830
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leonard William Gomez,
Defendant-Appellant.
SENTENCE AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Dailey and Miller, JJ., concur
Court of Appeals No. 09CA2294
Adams County District Court No. 01CR1931
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Victor Prieto,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE MILLER
Dailey and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2335
Arapahoe County District Court No. 02CR29
Honorable Carlos A. Samour, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony James Jimenez,
Defendant- Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
Court of Appeals No. 09CA2517
Arapahoe County District Court Nos. 94CR1883 & 95CR1081
Honorable John P. Leopold, Judge
Honorable John L. Wheeler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel Kirkpatrick,
Defendant-Appellant.
ORDER AFFIRMED
Webb, Román, and Richman, JJ.
PER CURIAM
Court of Appeals No. 09CA2547
City and County of Denver District Court No. 08CV8478
Honorable Anne Mansfield, Judge
Resources Connection, LLC, d/b/a Resources Global Professionals,
Plaintiff-Appellee,
v.
Reynald M. Clemons,
Defendant-Appellant.
ORDER AND JUDGMENT AFFIRMED
Division V
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2668
El Paso County District Court No. 07CV7136
Honorable Larry E. Schwartz, Judge
Constance Gouge-Richardson,
Plaintiff-Appellant,
v.
American Family Mutual Insurance Company,
Defendant-Appellee.
ORDERS AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Román, J., concurs
Terry, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2753
Adams County District Court No. 09DR2112
Honorable Edward C. Moss, Judge
In re the Parental Responsibilities concerning K.M., a Child,
and Concerning Steven Patterson,
Petitioner-Appellant,
and Laura McCurry,
Respondent-Appellee.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Webb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2795
City and County of Denver District Court No. 89CR1808
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vernell Mitchell,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Webb, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0192
Jefferson County District Court No. 08CV3274
Honorable Tamara S. Russell, Judge
Sigala Construction, LLC, a Colorado limited liability company,
Plaintiff-Appellant and Cross-Appellee,
v.
Simona, LLC, a Colorado limited liability company, and Westminster Liquor, Inc., d/b/a Westminster Liquor, a Colorado corporation,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AND ORDER AFFIRMED IN PART,
REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE J. JONES
Webb and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0290
City and County of Denver District Court No. 08CV1233
Honorable Catherine A. Lemon, Judge
John R. Hopkins,
Plaintiff-Appellant,
v.
Out of Africa Safaris, a Kansas corporation; Janneman Groenwald; and Dawie Groenwald,
Defendants-Appellees.
OrderS affirmed in part, reversed in part,
and case remanded with DIRECTIONS
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0400
Weld County District Court No. 06CR1036
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos Hurtado-Bustamante,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Webb, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0431
Morgan County District Court No. 03DR94
Honorable Kevin L. Hoyer, Judge
In re the Marriage of
Robert J. Andrus,
Appellant,
and
Michelle L. Andrus,
Appellee.
ORDER Affirmed
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0930
Mesa County District Court No. 06DR794
Honorable Stephanie L. Rubinstein, Judge
In re the Marriage of
Shannon M. Rogers, n/k/a Shannon Bourdette,
Appellant,
and
Adam S. Rogers,
Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Carparelli and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1052
Colorado State Board of Assessment
Appeals No. 53004
FSP 390 Interlocken
Corporation,
Petitioner-Appellant,
v.
Broomfield County Board of
Equalization,
Respondent-Appellee,
and
Colorado State Board of Assessment
Appeals,
Appellee.
ORDER AFFIRMED
Division VII
Opinion by
JUDGE TERRY
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1452
Adams County District Court No. 09JV180
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.M., G.M., and M.M., Children,
and Concerning M.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Ney*, JJ., concur
Court of Appeals No. 10CA1606
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-804-091
Johnnie Buckley,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Advanced Circuits, Inc., and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
Court of Appeals No. 10CA1610
Industrial Claim Appeals Office of the State of Colorado
DD No. 31195-2009
Dennis J. Pinto,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and TSHL, Inc.,
Respondents.
ORDER AFFIRMED
Division V
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1613
Adams County District Court No. 09JV167
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of L.G., Jr., Child,
and Concerning L.G., Sr.,
Respondent-Appellant.
JUDGMENT Affirmed
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1628
Jefferson County District Court No. 09JV992
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of F.G. and H.G., Children,
and Concerning D.G.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb and Fox JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1633
Industrial Claim Appeals Office of the State of Colorado
DD No. 5978-2010
Tamara J. McFarland,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Sunny Vista Living Center,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Román and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1750
Industrial Claim Appeals Office of the State of Colorado
DD No. 14869-2010
Marga E. Querin,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Jilson Corporation Goose Creek Optical,
Respondents.
Division VI
Opinion by JUDGE ROMÁN
Hawthorne and Richman, JJ., concur
Court of Appeals No. 10CA1813
Industrial Claim Appeals Office of the State of Colorado
DD No. 19106-2010
Mark A. Marini,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Student Movers, Inc.,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1860
Industrial Claim Appeals Office of the State of Colorado
DD No. 19944-2010
Ludvik Electric Company,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Robert P. Nelson,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA1863
Industrial Claim Appeals Office of the State of Colorado
DD No. 22556-2010
Eligo J. Velasquez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Baird Builders, Inc.,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE CRISWELL*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1867
Industrial Claim Appeals Office of the State of Colorado
DD No. 22047-2010
Harold M. Ritchie,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Denver Public Schools,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA1962
Weld County District Court No. 09JV939
Honorable Julie C. Hoskins, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of T.F., a Child,
and Concerning C.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1963
Industrial Claim Appeals Office of the State of Colorado
DD No. 2936-2010
Renee Allen,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Rocky Mountain Urgent Care, PC,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE NEY*
Davidson, C.J., and Criswell*, J., concur
Court of Appeals No. 10CA2025
Mesa County District Court No. 09JV9
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.H., M.H., Jr., and M.H., Children,
and Concerning J.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE GABRIEL
Taubman and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2034
Industrial Claim Appeals Office of the State of Colorado
DD No. 15956-2010
Robert A. Moretina,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Furniture Deals LLC,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2050
Weld County District Court No. 10CR688
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Fornes,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Webb, Román, and Richman, J.J.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2153
Industrial Claim Appeals Office of the State of Colorado
DD No. 23644-2010
Fetien Gebre-Michael,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Housing Authority of the City and County of Denver,
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. 10CA2155
Industrial Claim Appeals Office of the State of Colorado
DD No. 24673-2010
Carmen B. Trejo,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Nursefinders Inc.,
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. 10CA2191
Industrial Claim Appeals Office of the State of Colorado
DD No. 25623-2010
Susan M. Jesseman,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Macy’s West Stores, Inc.,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE TERRY
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2201
Mesa County District Court No. 09JV301
Honorable Valerie Jo Robison, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.R., a Child,
and Concerning L.P.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FOX
Casebolt and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2208
Industrial Claim Appeals Office of the State of Colorado
DD No. 23806-2010
Alexander K. Gruenfeld,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Service Industrial, Inc.,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2269
Industrial Claim Appeals Office of the State of Colorado
DD No. 22324-2009
Suzanne M. Tocchini,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Robert Half Corp., Accounttemps & Office Team,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA2409
Industrial Claim Appeals Office of the State of Colorado
DD No. 28694-2010
Anthony J. Vigil,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Good Times Drive Thru, Inc.,
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. 10CA2433
Industrial Claim Appeals Office of the State of Colorado
DD No. 27970-2010
Sandra H. Henderson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Seniors Resource Center, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA2520
Pueblo County District Court No. 10MH0268
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
v.
In the Interest of Adam Kippes,
Respondent-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Announced February 11, 2011
Court of Appeals No. 10CA2522
Pueblo County District Court No. 10MH290
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
Fredy Hodge,
Respondent-Appellant.
ORDER REVERSED
Division I
Opinion by JUDGE GABRIEL
Taubman and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Announced February 11, 2011
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. 09CA1985
L & R Exploration Venture; Ann L. Bronfman; Judith L. Chiara; Peter Dixon, as Executor of the Estate of W. Palmer Dixon; Margaret L. Kempner; Thomas L. Kempner; Jerome A. Manning and John A. Levin, Trustees of the Carl M. Loeb Trust F/B/O Ann L. Bronfman; Jerome A. Manning and John A. Levin, Trustees of the Carl M. Loeb Trust F/B/O Judith L. Chiara; Jerome A. Manning and John A. Levin, Trustees of the Carl M. Loeb Trust F/B/O Deborah L. Brice; Jerome A. Manning and John A. Levin, Trustees of the Frances L. Loeb Trust F/B/O John L. Loeb, Jr.; Estate of Henry A. Loeb; John L. Loeb, Jr., John Rodgers, and Mal L. Barasch, as Trustees of the Virginia Bloomgarden Trust; Trof, Inc., formerly known as Marshall Petroleum; Larry C. Serr, as Trustee of the Robineau Trusts; John S. Rodgers and Mal L. Barasch, as Trustees of the Audrey Holly Trust, LLC; Columbia University Trust Administration, as Executor of the Estate of Daniel Silberberg; M.M. Wellman, as Trustee of the Mark J. Millard Trust; Frederick Lubcher and Ann B. Lesk, as Trustees of the Diana Von Muffling Trust, Charles Von Muffling Trust, and William Von Muffling Trust; John L. Loeb, Jr.; and John S. Rodgers,
Plaintiffs-Appellees,
v.
Jack J. Grynberg,
Defendant-Appellant.
Opinion Modified and 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. 2010.