ANNOUNCEMENTS

COLORADO COURT OF APPEALS

NOVEMBER 1, 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. 10CA1494

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-745-560

City of Littleton, Colorado, Littleton Fire Rescue; and CCMSI,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado; Julie Christ, surviving spouse and personal representative of Jeffrey J. Christ, deceased; and Michelle Parris, on behalf of Lauren Parris,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE RUSSEL

Román, J., concurs

Carparelli, J., dissents

Court of Appeals No. 10CA2265

City and County of Denver District Court No. 09CV2435

Honorable R. Michael Mullins, Judge

Michael Graham,

Plaintiff-Appellee,

v.

Zurich American Insurance Company, a/k/a Zurich North America Direct Markets, a/k/a Zurich North America, a/k/a Zurich Insurance, f/k/a Universal Underwriters Insurance Company,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE RUSSEL

Hawthorne and Bernard, JJ., concur

Court of Appeals No. 11CA0363

City and County of Denver District Court No. 08CV1389

Honorable R. Michael Mullins, Judge

Jillian Groh, individually and by and through her guardians and conservators, William Groh and Janelle Groh,

Plaintiff-Appellant,

v.

Westin Operator, LLC,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE FURMAN

Russel, J., concurs

Webb, J., dissents

Court of Appeals No. 11CA1919

Jefferson County District Court No. 10CV2207

Honorable Tamara S. Russell, Judge

Marc A. Giuliani; Footprints Health and Wellness, Inc., a Colorado corporation; Christopher Peck; and Frank Campbell,

Plaintiffs-Appellants,

v.

Jefferson County Board of County Commissioners, a body politic on behalf of the County of Jefferson; Jefferson County Division of Planning and Zoning, a division of Jefferson County; and Jefferson County Board of Adjustment, a division of Jefferson County,

Defendants-Appellees.

APPEAL DISMISSED IN PART, JUDGMENT

AFFIRMED IN PART, AND ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Russel 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. 09CA0248

Larimer County District Court No. 08CR281

Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Wolf,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE GABRIEL

Lichtenstein and Kapelke*, JJ., concur

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

Court of Appeals No. 09CA0497

Arapahoe County District Court No. 07CR3540

Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mario Devon Adams,

Defendant-Appellee.

Judgment affirmed

Division III

Opinion by JUDGE ROY

Dailey and Richman, JJ., concur

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

Court of Appeals No. 09CA2772

Moffat County District Court No. 09CR38

Honorable Shelley A. Hill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dale Matthew Waite,

Defendant-Appellant.

Order Affirmed

Division III

Opinion by JUDGE ROY

Dailey and Richman, JJ., concur

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

Court of Appeals No. 10CA2355

Weld County District Court No. 09CR1894

Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric D. Burnam,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE MÁRQUEZ*

Miller and Fox, JJ., concur

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

Court of Appeals Nos. 11CA0694 & 11CA0695 

Arapahoe County District Court No. 02DR570

Honorable Robert H. Russell, II, Judge

In re the Marriage of

David F. Leigh,

Appellant,

and

Katherine Prough-Leigh,

Appellee.

ORDERS AFFIRMED

Division IV

Opinion by JUDGE WEBB

Carparelli and Lichtenstein, JJ., concur

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

Court of Appeals No. 11CA0792

Mesa County District Court No. 10CR744

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerrod G. Earnest,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE MÁRQUEZ*

Miller and Fox, JJ., concur

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

Court of Appeals No. 11CA1035

City and County of Denver District Court No. 10CR589

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leonard D. Loftin,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VII

Opinion by JUDGE ROMán

Hawthorne and Furman, JJ., concur

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

Court of Appeals No. 11CA1112

City and County of Denver District Court No. 02CR4156

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anderson Gerson Montano,

Defendant-Appellant.

Order Affirmed

Division III

Opinion by JUDGE ROY

Richman and Ney*, JJ., concur

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

Court of Appeals No. 11CA1223

Larimer County District Court No. 07CR1355 

Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Todd Steven McGinn,

Defendant-Appellant.

ORDER 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. 11CA1296

Fremont County District Court No. 10CV166

Honorable Stephen A. Groome, Judge

Scott Arends,

Plaintiff-Appellant,

v.

Executive Director, Colorado Department of Corrections; and Warden, Fremont Correctional Facility,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE KAPELKE*

Lichtenstein and Gabriel, JJ., concur

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

Court of Appeals No. 11CA1477

City and County of Denver District Court No. 93CR1708

Honorable William D. Robbins, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Calvin Silas,

Defendant-Appellant.

Order Affirmed

Division III

Opinion by JUDGE ROY

Richman and Sternberg*, JJ., concur

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

Court of Appeals No. 11CA1663

Boulder County District Court No. 10CR1846

Honorable Kenneth M. Plotz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cassidy Cole Moroney,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE FURMAN

Hawthorne and Román, JJ., concur

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

Court of Appeals No. 11CA1724

Jefferson County District Court No. 07DR908

Honorable Margie L. Enquist, Judge

In re the Marriage of

Ramona L. Lambert,

Appellee,

and

Scott K. Lambert,

Appellant.

ORDER affirmed and case

remanded with directions

Division III

Opinion by JUDGE ROY

Dailey and Richman, JJ., concur

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

Court of Appeals No. 11CA1883

Morgan County District Court No. 11CR79

Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Denise Marks,

Defendant-Appellant.

ORDER REVERSED and case

remanded with directions

Division III

Opinion by JUDGE ROY

Dailey and Richman, JJ., concur

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

Court of Appeals No. 11CA1896

El Paso County District Court No. 09CR1098

Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrone Duante Small,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE KAPELKE

Lichtenstein and Gabriel, JJ., concur

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

Court of Appeals No. 11CA1908

Rio Blanco County District Court No. 97CR29

Honorable Gail H. Nichols, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Francisco Rojos Dominguez,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE GRAHAM

Terry and J. Jones, JJ., concur

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

Court of Appeals No. 11CA1978

El Paso County District Court No. 10PR660

Honorable Barbara L. Hughes, Judge

In Estate of Mary Ellis, Deceased.

Trust of Mary Ellis,

Petitioner-Appellee,

v.

Alfred C. Rupp, individually and as co-trustee of the Mary Ellis Trust, by his agent Kenneth Ray Rupp,

Respondent-Appellant.

ORDER VACATED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE TAUBMAN

Webb and Loeb, JJ., concur

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

Court of Appeals No. 11CA2226

Mesa County District Court No. 08CR1468

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerry D. Snider,

Defendant-Appellant.

ORDER 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. 11CA2352

City and County of Broomfield District Court No. 11CV88

Honorable Katherine R. Delgado, Judge

Nathan K. Shrewsbury,

Plaintiff-Appellee,

v.

Taxsalelists.com, LLC; John Lane; and Lindsay Lane,

Defendants-Appellants.

ORDER AFFIRMED IN PART AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE LOEB

Taubman and Webb, JJ., concur

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

Court of Appeals No. 11CA2383

City and County of Denver District Court No. 11DR428

Honorable Michael J. Vallejos, Judge

In re the Marriage of

Lana Dardano,

Appellant,

and

Larry G. Dardano,

Appellee.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE WEBB

Taubman and Loeb, JJ., concur

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

Court of Appeals No. 11CA2556

La Plata County District Court No. 11CR91

Honorable Thomas F. Mulvahill, Judge     

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sean Christopher Ludwigsen,

Defendant-Appellant.

APPEAL DISMISSED

Division VII

Opinion by JUDGE HAWTHORNE

Román and Furman, JJ., concur     

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

Court of Appeals No. 12CA0173

Boulder County District Court No. 11DR1068

Honorable Patrick D. Butler, Judge

In re the Marriage of

Estate of William E. Ford,

Appellee,

and

Sandra F. Ford, n/k/a Sandra Felix Diaz,

Appellant.

ORDER 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. 12CA0514

El Paso County District Court No. 10CR4100

Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Dewayne Morgan,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE FOX

Miller and Márquez*, JJ., concur

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

Court of Appeals No. 12CA1248

Adams County District Court No. 11JV128

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.R.N.L, Child,

and Concerning N.K.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE BERNARD

Casebolt and Booras, JJ., concur

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

Court of Appeals No. 12CA1265

Industrial Claim Appeals Office of the State of Colorado

DD No. 10413-2010

Brian Minor,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Transwest Truck, Inc.,

Respondents.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Bernard 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. 07CA2467

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Quinn Tate,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 08CA1467

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Martin Currier,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 08CA2175

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrell Nathaniel Anderson,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA0981

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Randy D. Tallent,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA2194

Gary L. Waters and David Stewart,

Plaintiffs-Appellees and Cross-Appellants,

v.

DocuVault Group, LLLP, and Bowen W. Banbury,

Defendants-Appellants and Cross-Appellees.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA1107

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Bryant,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA2142

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Cordel Robinson,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA0656

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Phillip Diaz,

Defendant-Appellant.

Petition for Rehearing DENIED

Russel, J., would GRANT

Court of Appeals No. 11CA0679

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond E. Stalie,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA1006

In re the Parental Responsibilities of D.T., a Child,

and Concerning Crystal Lavattiata,

Appellant,

and

Christina Trujillo,

Appellee.

Petition for Rehearing DENIED

Court of Appeals No. 11CA1355

Oloyea D. Wallin,

Plaintiff-Appellant,

v.

Janene McCabe and Sean McDermott,

Defendants-Appellees.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA2245

In re the Marriage of

Deborah Diane Yonce,

Appellee,

and

Jeremy Andrew Yonce,

Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 12CA0737

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of W.J.P. and A.M.P., Children,

and Concerning D.M.P.,

Respondent-Appellant.

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.