ANNOUNCEMENTS
COLORADO COURT OF APPEALS
NOVEMBER 21, 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. 10CA1346
Adams County District Court No. 08CR3237
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Robert Stackhouse,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE VOGT*
Lichtenstein, J., concurs
Gabriel, J., specially concurs
Court of Appeals No. 10CA2120
City and County of Denver Probate Court No. 96PR401
Honorable C. Jean Stewart, Judge
In re the Estate of Sheldon K. Beren, deceased.
David Beren, Zev Beren, Jonathan Beren, and Daniel Beren,
Appellants and Cross-Appellees,
v.
Robert M. Goodyear, Jr., as Personal Representative of the Estate of Sheldon K. Beren; Miriam Beren; and Generation Skipping Trust and the Trustees of said trust,
Appellees,
and
Joshua Beren, Dena Beren Grossman, and the Estate of Cheryl Beren Feldberger,
Appellees and Cross-Appellants.
ORDERS AFFIRMED, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE WEBB
Loeb, J., concurs
Taubman, J., concurs in part and dissents in part
Court of Appeals No. 10CA2287
Arapahoe County District Court No. 08CR1233
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael S. Van De Weghe,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
Court of Appeals No. 11CA2272
Arapahoe County District Court No. 03DR2748
Honorable Robert H. Russell, II, Judge
In re the Marriage of
James H. Nelson,
Appellant,
and
Gricela G. Nelson,
Appellee.
APPEAL DISMISSED IN PART AND ORDER AFFIRMED
Division VI
Opinion by JUDGE NEY*
Román, J., concurs
Bernard, J., dissents
Court of Appeals No. 11CA2367
City and County of Denver District Court No. 10CV8265
Honorable Sheila A. Rappaport, Judge
State of Colorado ex rel. John W. Suthers, Attorney General for the State of Colorado; and Laura E. Udis, Administrator, Uniform Consumer Credit Code,
Petitioners-Appellants,
v.
Tulips Investments, LLC, d/b/a CashBanc; and J. David Blevins,
Respondents-Appellees.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 11CA2553
San Miguel County District Court No. 09CV10
Honorable James W. Schum, Judge
Mark V. Shoen,
Plaintiff-Appellant,
v.
Dr. Samuel Shoen,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FOX
Miller, J., concurs
Carparelli, J., specially concurs
Court of Appeals No. 12CA0191
Douglas County District Court No. 10PR156
Honorable Vincent R. White, Judge
In re the Estate of Jeffrey M. Johnson, deceased.
Laurel M. Christensen,
Petitioner-Appellant,
v.
Dawn Wilson,
Personal Representative-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FOX
Miller and Márquez*, JJ., concur
Court of Appeals No. 12CA0829
Weld County District Court No. 09JV183
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.V. and J.V., Children,
and Concerning M.V.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
Hawthorne and Furman, JJ., concur
Court of Appeals No. 12CA1015
Archuleta County District Court No. 11JV14
Honorable Gregory G. Lyman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.S., a Child,
and Concerning S.S. and L.H.,
Respondents-Appellants,
and
F.S. and A.S.,
Intervenors.
APPEAL DISMISSED
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, 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. 07CA0204
Douglas County District Court No. 05CR156
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alfredo Sanchez-Cortes,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1697
Fremont County District Court No. 07CR0244
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Jason Francis,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Miller, J., concurs
Lichtenstein, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0734
Pueblo County District Court No. 07CR1929
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Olin George Ferrier,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2328
Adams County District Court No. 08CR2007
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Michael Galek,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2716
City and County of Denver District Court No. 09CR1029
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randy Scott Peebler,
Defendant-Appellant.
JUDGMENT 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. 10CA0420
Arapahoe County District Court No. 98CR3035
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brett Wayne Sharp,
Defendant-Appellant.
ORDER AND SENTENCE AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Dailey and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1272
El Paso County District Court No. 09CR688
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Taylor Lane Gwaltney,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Dailey and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1535
Arapahoe County District Court No. 09CR213
Honorable Edward D. Bronfin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edwin Jason Brautigam,
Defendant-Appellant.
JUDGMENT 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. 10CA2104
Jefferson County District Court No. 99CR1865
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Walter Tush,
Defendant-Appellant.
ORDER AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2366
Mesa County District Court No. 07CR1023
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel J. Vigil,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0286
City and County of Denver District Court No. 08CV2752
Honorable John W. Madden, IV, Judge
Security National Mortgage Company,
Plaintiff-Appellant,
v.
Metro Denver Title, LLC,
Defendant-Appellee.
Order affirmed
Division III
Opinion by JUDGE Plank*
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0487
Adams County District Court No. 00CR1675
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Manuel Melina,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Booras and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0629
El Paso County District Court No. 06CR122
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Henry Baca,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE NEY*
Dailey and Richman, JJ., concur
Court of Appeals No. 11CA1313
Mesa County District Court No. 03CR170
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel John Martinez,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
Court of Appeals No. 11CA2322
El Paso County District Court No. 01CR3728
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Keith Victor Gosselin,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2534
Arapahoe County District Court No. 09DR2598
Honorable Robert H. Russell, II, Judge
In re the Marriage of
Traci Mandle Condit, n/k/a Traci Carpenter,
Appellee,
and
Shanti Hazan,
Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Richman and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No 12CA0052
Las Animas County District Court No. 10CV163
Honorable Claude W. Appel, Judge
FFP Development, LLC,
Plaintiff-Appellee,
v.
Trinidad Operations, Inc.; M. Peter Schrepfer; L. Thomas Carlin; Brenda Schrepfer; and Jeffrey Yusem,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0126
Boulder County District Court No. 04DR432
Honorable Roxanne Bailin, Judge
In re the Parental Responsibilities of E.S., a Child,
and Concerning Auriel Lauzon,
Petitioner,
and
Timothy Smith,
Appellant,
v.
Laura Silvernail,
Intervenor-Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0222
El Paso County District Court No. 11CV5726
Honorable Timothy J. Schutz, Judge
Falcon Ridge at Springs Ranch Homeowners Association, Inc, a Colorado non-profit corporation,
Plaintiff-Appellee,
v.
Richmond American Homes of Colorado, Inc.; Jay E. Piper; Brad D. Larson; and Frank Tittoni,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0243
City and County of Denver District Court No. 05CR3716
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeremy D. Ellerton,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0361
Industrial Claim Appeals Office of the State of Colorado
WC Nos. 4-853-398 & 4-847-759
James Sanchez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; J & J Ground Maintenance, Inc.; and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0548
Weld County District Court No. 11CV689
Honorable Dinsmore Tuttle, Judge
Thomas G. Trostel, d/b/a 2 Rivers Ranch LLC,
Plaintiff-Appellee,
v.
Robert Stuart McCormick,
Defendant-Appellant.
JUDGMENT REVERSED 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. 12CA0830
Industrial Claim Appeals Office of the State of Colorado
DD No. 28755-2011
Lynette M. Hansen,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Money Now, Inc.,
Respondents.
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. 12CA1203
Industrial Claim Appeals Office of the State of Colorado
DD No. 5279-2012
Monica Paez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Alamosa Assisted Living Investors,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE NEY*
Davidson, C.J., and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 12CA1359 & 12CA1360
Moffat County District Court Nos. 10JV30 & 11JV25
Honorable Sandra H. Gardner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of H.Q., D.L., A.Q., E.Q., and N.A.W., Children,
and Concerning M.Q.,
Respondent-Appellant.
JUDGMENT Affirmed
Division III
Opinion by JUDGE NIETO*
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1408
Arapahoe County District Court No. 11JV590
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of H.J. and I.J., Children,
and Concerning H.J.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Dailey and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1440
Arapahoe County District Court No. 10JV1528
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of L.N., Child,
and Concerning D.N.,
Respondent-Appellant.
JUDGMENT Affirmed
Division III
Opinion by JUDGE PLANK*
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1583
Industrial Claim Appeals Office of the State of Colorado
DD No. 3229-2012
Matthew A. Smith,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and United Parcel Service, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1778
Industrial Claim Appeals Office of the State of Colorado
DD No. 6955-2012
Elizabeth M. Tronnier,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and AccentCare Home Health of California,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE J. JONES
Graham and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1801
Pueblo County District Court No. 12MH233
Honorable William D. Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Kiki Lombardi,
Respondent-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1957
Pueblo County District Court No. 95MH502
Honorable William D. Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Dennis Merrell,
Respondent-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Kapelke*, 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. 09CA1914
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Joseph Neidig,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2638
Colorado Pool Systems, Inc.; and Patrick Kitowski,
Plaintiffs-Appellants,
v.
Scottsdale Insurance Company, a foreign corporation; GAB Robbins North America, Inc., a Delaware corporation; and Don Hansen,
Defendants-Appellees.
Petition for Rehearing DENIED
Russel, J., did not participate
Court of Appeals No. 11CA0069
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reginald Keith Reed,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 11CA0564
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Willie Jay Moore,
Defendant-Appellant.
Opinion modified and
Petition for Rehearing DENIED
Court of Appeals No. 11CA0947
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Craig James Nichol,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1020
Cyndi Montoya-Berry,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Qwest Corporation, and Sedgwick Claims Management Services,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1278
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shalena Jean Bayliss,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1403
Renee Legro and Stephen Legro,
Plaintiffs-Appellants,
v.
Samuel Robinson and Cheri Robinson,
Defendants-Appellees.
Petition for Rehearing DENIED
Court of Appeals Nos. 11CA1412 & 11CA1475
In re the Marriage of
Regina T. Drexler,
Appellee,
and
Charles B. Bruce, Jr.,
Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1736
In re the Marriage of
Paul C. Rufien,
Appellant,
and
Darcy L. Rufien,
and Concerning Patricia Post,
Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Evans, III,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2402
Vanessa Vazquez,
Plaintiff-Appellant,
v.
Stephen J. Wassinger, MD,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0591
Richard P. Colucci,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Kaltenberg Castle Brewery, Inc.,
Respondents.
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.