ANNOUNCEMENTS
COLORADO COURT OF APPEALS
JUNE 7, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 08CA1374
El Paso County District Court No. 03CR3375
Honorable Richard Hall, Judge
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Herdman,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Román and Bernard, JJ., concur
Court of Appeals No. 09CA0246
Douglas County District Court No. 08CR29
Honorable Nancy A. Hopf, Judge
Honorable Ruthanne Polidori, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Lawrence Rowe,
Defendant-Appellant.
JUDGMENT Affirmed
Division VII
Opinion by JUDGE ROMán
Richman and Miller, JJ., concur
Court of Appeals No. 09CA2681
Adams County District Court No. 08CR3357
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Eugene Taylor,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Carparelli, J., concurs
Booras, J., specially concurs
Court of Appeals No. 11CA0751
City and County of Denver District Court No. 08CV10718
Honorable Catherine A. Lemon, Judge
Thomas F. McLaughlin,
Plaintiff-Appellee,
v.
BNSF Railway Company, a Delaware corporation,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Russel, JJ., concur
Court of Appeals No. 11CA0766
Mesa County District Court No. 08CV304
Honorable David A. Bottger, Judge
Dale K. Bittle and Patricia L. Bittle,
Plaintiffs-Appellees and Cross-Appellants,
v.
CAM-Colorado, LLC,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED, ORDER REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur
Court of Appeals No. 11CA1249
City and County of Denver District Court Nos. 10CV3230 & 10CV4100
Honorable Brian R. Whitney, Judge
Laura “Wendy” W. Chase and Michael Sutak,
Plaintiffs-Appellants,
v.
Colorado Oil and Gas Conservation Commission; Colorado State Board of Land Commissioners; and Magpie Operating, Inc.,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE FOX
Taubman and Rothenberg*, JJ., concur
Court of Appeals No. 11CA1416
Mesa County District Court No. 08CV212
Honorable David A. Bottger, Judge
Mesa County Land Conservancy, Inc.,
Plaintiff-Appellee,
v.
Sam A. Allen and Susie R. Allen,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur
Court of Appeals No. 11CA1657
Grand County District Court No. 09CV133
Honorable Mary C. Hoak, Judge
Goodman Associates, LLC,
Plaintiff-Appellant,
v.
Winter Quarters, LLC; and Capital West National Bank, a/k/a First National Bank of Wyoming,
Defendants-Appellees.
ORDERS AFFIRMED
Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur
Court of Appeals No. 11CA2331
Industrial Claim Appeals Office of the State of Colorado
DD No. 12583-2011
Softrock Geological Services, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, 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. 09CA2209
Mesa County District Court No. 09CR830
Honorable Bryan J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nathan M. McClure,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Graham and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0726
City and County of Denver District Court No. 08CV8886
Honorable John W. Madden, IV, Judge
Larry DeMarco and Patrick DeMarco,
Plaintiffs-Appellees,
v.
Broadway Dodge, Inc.,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED
IN PART, AND VACATED IN PART
Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1527
El Paso County District Court No. 09CR1689
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alexisius Quennel Jones,
Defendant-Appellant.
Judgment and Sentence Affirmed
Division III
Opinion by JUDGE ROY
Dailey and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2464
Clear Creek County District Court No. 09DR55
Honorable Russell H. Granger, Judge
In re the Marriage of
Amy C. Davis,
Appellee,
and
Christopher Ryan Davis,
Appellant.
JUDGMENT AFFIRMED IN PART AND VACATED IN PART
Division IV
Opinion by JUDGE KAPELKE*
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0084
Grand County District Court No. 09CV32
Honorable Mary C. Hoak, Judge
84 Lumber Company, a Pennsylvania Limited Partnership,
Plaintiff-Appellant,
v.
Telemark Associates Ltd., LLC, a Colorado limited liability company; and Charles A. Bailey,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE NIETO*
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0783
Mesa County District Court No. 10DR50
Honorable Brian J. Flynn, Judge
In re the Marriage of
William A. Malloy,
Appellee,
and
Dawn E. Malloy, n/k/a Dawn E. Might,
Appellant.
ORDERS AFFIRMED IN PART,
REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0916
Arapahoe County District Court No. 10DR855
Honorable J. Mark Hannen, Judge
In re the Parental Responsibilities of C.S., a Child,
and Concerning Shelley Stanley,
Appellant,
and
Scott Mitchell,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1088
Larimer County District Court No. 09DR1597
Honorable Gregory M. Lammons, Judge
In re the Marriage of
Jan E. Paisley,
Appellant and Cross-Appellee,
and
David J. Paisley,
Appellee and Cross-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1160
City and County of Denver District Court No. 10CV7630
Honorable Robert S. Hyatt, Judge
Ute Indian Tribe of the Uintah and Ouray Indian Reservation,
Third-Party Defendant-Appellant,
v.
FIML Natural Resources, LLC,
Defendant and Third-Party Plaintiff-Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1330
City and County of Denver District Court No. 09CV7321
Honorable Michael A. Martinez, Judge
Mark L. Thompson, Trustee; and Rosalin Rogers,
Plaintiffs-Appellees and Cross-Appellants,
v.
United Securities Alliance, Inc.,
Defendant,
and Concerning Catlin Insurance Company (UK) Ltd.,
Garnishee-Appellant and Cross-Appellee.
ORDERS AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1594
Adams County District Court No. 10CV1947
Honorable Robert W. Kiesnowski, Jr., Judge
Honorable Edward C. Moss, Judge
Erin A. Young, individually and on behalf of and as next friend of C.Y.; and C.Y., a minor, through his parent Erin A. Young,
Plaintiffs-Appellees,
v.
Brighton School District 27J,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2393
El Paso County District Court No. 10JV1336
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.M., a Child,
and Concerning A.G.,
Respondent-Appellant.
JUDGMENT REVERSED, ORDER AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FOX
Terry and Booras, 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. 07CA2481
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jason William Bondurant,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA0775
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Harvey Nelson,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 08CA2439
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Dewayne Green,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 09CA2013
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robin Jay Clifton,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2418
In re the Marriage of
Jeffrey D. Handley,
Appellee,
and
Catherine M. Keske, a/k/a Catherine Keske Hoag,
Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 11CA0278
In re the Parental Responsibilities of J.E.D., a Child,
and Concerning Mark Jerome Boykins,
Appellee,
and
Dana Rochee Davis,
Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1445
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kirk C. Hurd,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 11CA2211
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.N.H.C., a Child,
and Concerning C.M.H.,
Respondent-Appellant.
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.