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

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

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

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

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

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

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

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

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.