ANNOUNCEMENTS
COLORADO COURT OF APPEALS
April 14, 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. 06CA1542
Arapahoe County District Court No. 02CV3838
Honorable Marilyn Leonard Antrim, Judge
John Watson and Local Service Corporation,
Plaintiffs-Appellants,
v.
Cal-Three, LLC, a Colorado limited liability company,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CASEBOLT
Webb and Terry, JJ., concur
Court of Appeals No. 09CA1140
Weld County District Court No. 08CR72
Honorable Marcelo A. Kopcow, Judge
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Martha Rizo,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
Court of Appeals No. 09CA2069
Colorado State Board of Assessment Appeals
Nos. 49238 & 50567
C.P. Bedrock, LLC,
Petitioner-Appellee,
v.
Denver County Board of Equalization,
Respondent-Appellant,
and
Board of Assessment Appeals,
Appellee.
ORDER REVERSED
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
Court of Appeals No. 10CA0016
City and County of Denver Probate Court No. 07PR1264
Honorable C. Jean Stewart, Judge
In re the Estate of David Schumacher, a/k/a David Paul Schumacher, deceased.
Maria Caldwell,
Petitioner-Appellant,
v.
Deborah Caldwell,
Respondent-Appellee.
ORDER AFFIRMED
Division VI
Opinion by JUDGE MÁRQUEZ*
Hawthorne and Román, JJ., concur
Court of Appeals No. 10CA0677
Jefferson County District Court No. 09CV5247
Honorable R. Brooke Jackson, Judge
Christopher Shiplet,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its Executive Director, Roxie Huber,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, JJ., concur
Court of Appeals No. 10CA0889
City and County of Denver District Court No. 09DR3392
Honorable J. Stephen Phillips, Judge
In re the Parental Responsibilities of S.M.J.C.,
Oglala Sioux Tribe ONTRAC,
Intervenor-Appellant,
and Concerning Constance Ann Crawford,
Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE NEY*
Russel and Miller, 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. 07CA0718
City and County of Denver District Court No. 03CR901
Honorable Catherine A. Lemon, Judge
Honorable Herbert L. Stern, III, Judge
-------------------------- AND -----------------------------
Court of Appeals No. 07CA0719
City and County of Denver District Court Nos. 03CR899 & 03CR900
Honorable Catherine A. Lemon, Judge
Honorable Herbert L. Stern, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sean Hanify,
Defendant-Appellant.
JUDGMENTS 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. 07CA1610
Arapahoe County District Court No. 06CR481
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eric Eugene Westbrook,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE TAUBMAN
Davidson, C.J. and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0505
City and County of Denver District Court No. 06CR11110
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Morris,
Defendant-Appellant.
Judgment AND SENTENCE affirmed
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. 08CA0508
El Paso County District Court No. 06CR2197
Honorable Edward S. Colt, Judge
The People of the State of Colorado,
Plaintiff-Appellee and Cross-Appellant,
v.
Matthew Valverde,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AND SENTENCE 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. 08CA2053
Fremont County District Court No. 08CR30
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John W. Wakefield,
Defendant- Appellant.
ORDERS AFFIRMED
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
Court of Appeals No. 08CA2582
City and County of Denver District Court No. 07CR7041
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stacy Eugene Irvin,
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. 09CA0073
El Paso County District Court Nos. 07CR4329 & 07CR4363
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gregory Paul Frye,
Defendant-Appellant.
APPEAL DISMISSED IN PART AND 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. 09CA0817
City and County of Denver District Court Nos. 06CR7568 & 07CR2940
Honorable Sheila Ann Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Lee Whitley,
Defendant-Appellant.
ORDER AND SENTENCES AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Russel and Miller, JJ., concur
Court of Appeals No. 09CA1344
Weld County District Court No. 99CR1045
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Henry N. Ybarra,
Defendant-Appellant.
SENTENCE AFFIRMED
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. 09CA1766
Arapahoe County District Court No. 75DR14010
Honorable Robert H. Russell, Judge
In re the Marriage of
Ronald R. Brookins,
Appellant,
and
Mary Lou Brookins,
Appellee.
CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE NEY*
Dailey and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2076
Adams County District Court No. 08CR2869
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marco Balboa-Lopez,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division B
Taubman, Dailey, and Sternberg*, JJ.
PER CURIAM
Prior Opinion Announced December 16, 2010, WITHDRAWN
Petition for Rehearing GRANTED
Court of Appeals No. 09CA2115
Adams County District Court No. 07CR3278
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Mitchell Kiefer,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE GABRIEL
Taubman and Carparelli, JJ., concur
Court of Appeals No. 09CA2322
Pueblo County District Court No. 09CV109
Honorable Larry C. Schwartz, Judge
Mary Bernice Johnson,
Plaintiff-Appellant,
v.
Merchants Mortgage & Trust Corporation,
Defendant-Appellee.
JUDGMENT AFFIRMED AND ORDER VACATED
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2350
Weld County District Court No. 05CR1120
Honorable Dinsmore Tuttle, Judge
Honorable John N. McMullen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Anthony Varallo,
Defendant-Appellant.
JUDGMENT 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. 09CA2507
El Paso County District Court No. 08DR4259
Honorable Timothy J. Simmons, Judge
In re the Marriage of
Carol Skivington,
Appellee,
and
Paul Skivington,
Appellant.
APPEAL DISMISSED IN PART, JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE RUSSEL
Dailey and Miller, JJ., concur
Court of Appeals No. 10CA0490
City and County of El Paso District Court No. 09PR891
Honorable Barbara L. Hughes, Magistrate
In re the Estate of Alicia A. Griggs, deceased.
Robin G. Burke,
Appellant,
v.
Marti J. Thew,
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. 10CA0491
City and County of Denver District Court No. 07CV7523
Honorable Herbert L. Stern, III, Judge
Kimberly Adams,
Plaintiff-Appellant,
v.
Coyote Communications, Inc., d/b/a The Grizzly Rose,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, ORDER AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FOX
Loeb and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0656
El Paso County District Court No. 08CV4139
Honorable Timothy J. Simmons, Judge
James A. Baker and Susanne B. Baker,
Plaintiffs-Appellants,
v.
Sari S. Escovitz and William H. Escovitz,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0660
Douglas County District Court No. 09CV1954
Honorable Richard B. Caschette, Judge
Fabian Sebastian, by his next friend, Coral Stivers,
Plaintiff-Appellant,
v.
Douglas County, Colorado, Douglas County Sheriff’s Office, David A. Weaver, Douglas County Sheriff, and Greg A. Black, Douglas County Sheriff’s Deputy,
Defendants-Appellees.
APPEAL DISMISSED IN PART, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by CHIEF JUDGE DAVIDSON
Taubman and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0765
Arapahoe County District Court No. 09JD740
Honorable William B. Sylvester, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.M.,
Juvenile-Appellant.
JUDGMENT 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. 10CA1200
Gunnison County District Court No. 09CV191
Honorable J. Steven Patrick, Judge
Scott Kruthaupt,
Plaintiff-Appellant,
v.
State of Colorado, Department of Revenue, Motor Vehicles Division,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE TAUBMAN
Davidson, C.J. and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1332
Arapahoe County District Court No. 09JA150
Honorable William B. Sylvester, Judge
In the Matter of the Petition of S.D.H.,
Petitioner-Appellee,
for the Adoption of J.C.B., a Child,
and Concerning W.T.T.,
Respondent-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE PLANK*
Loeb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1400
Logan County District Court No. 10CV47
Honorable Michael K. Singer, Judge
Marco A. Rocha,
Plaintiff-Appellant,
v.
Ari Zavaras, Executive Director of CDOC; and Warden, Sterling Correctional Facility,
Defendants-Appellees,
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1761
Industrial Claim Appeals Office of the State of Colorado
DD No. 11893-2010
North Face Bagels, LLC,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Jessica J. Edwards,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Russel and Miller, JJ., concur
Court of Appeals No. 10CA2126
Industrial Claim Appeals Office of the State of Colorado
DD No. 23985-2010
Debra A. Patterson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Firstsource Solutions USA Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA2128
Industrial Claim Appeals Office of the State of Colorado
DD No. 22756-2010
Jeffrey D. Springborg,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and 1st Choice Transport, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA2278
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-815-379
Cornelia French,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Burlington Coat Factory, and ---Hartford Insurance Company of Midwest,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Taubman, J., concur
Court of Appeals No. 10CA2383
Industrial Claim Appeals Office of the State of Colorado
DD No. 26158-2010
Mesa County, State of Colorado,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Bridgette Bartyzel,
Respondents.
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. 10CA2395
Industrial Claim Appeals Office of the State of Colorado
DD No. 25532-2010
Christopher J. White,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Wal-Mart Associates, Inc.,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Taubman, J., concur
Court of Appeals No. 10CA2403
Adams County District Court No. 09JV150
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.P., a Child,
and Concerning C.Y.
Respondent-Appellant.
JUDGMENT 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. 10CA2421
Industrial Claim Appeals Office of the State of Colorado
DD No. 26892-2010
Gabrielle M. Bowman,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Concessions International & Panda,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE FURMAN
Roy and Lichtenstein, JJ., concur
Court of Appeals No. 10CA2424
Industrial Claim Appeals Office of the State of Colorado
DD No. 23581-2010
Johnnie E. Pepper,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Dex Media Service, LLC, DIP,
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. 10CA2574
Industrial Claim Appeals Office of the State of Colorado
DD No. 26420-2010
Cathy J. Falsetto,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Christopher N. Liontas DDS PC,
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. 10CA2672
El Paso County District Court No. 09JV887
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of G.L., a Child,
and Concerning C.L.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, JJ., 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. 08CA2118
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Salazar,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2076
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marco Balboa-Lopez,
Defendant-Appellant.
Prior Opinion Announced December 16, 2010, WITHDRAWN
Petition for Rehearing GRANTED
Court of Appeals No. 10CA1886
Heidi A. Christensen,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and United States Department of Veterans Affairs,
Respondents.
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.