ANNOUNCEMENTS
COLORADO COURT OF APPEALS
DECEMBER 27, 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 Nos. 11CA1093 & 11CA2210
Boulder County District Court No. 09CV984
Honorable Andrew R. Macdonald, Judge
Honorable Carol Glowinsky, Judge
Michelle Banning,
Plaintiff-Appellant and Cross-Appellee,
v.
William T. Prester,
Defendant-Appellee and Cross-Appellant.
JUDGMENTS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
Court of Appeals No. 11CA1586
El Paso County District Court No. 06CR5837
Honorable Ronald G. Crowder, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Denton Brosh,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
Court of Appeals No. 11CA1887
Summit County District Court No. 10CV427
Honorable Mark D. Thompson, Judge
Ann Marie Damian and John M. Taylor, Jr.,
Plaintiffs-Appellants,
v.
Mountain Parks Electric, Inc., a Colorado cooperative association,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur
Court of Appeals No. 11CA2401
Boulder County District Court No. 09CV900
Honorable Ingrid S. Bakke, Judge
Carolyn K. Harner,
Plaintiff-Appellant,
v.
James B. Chapman, M.D.,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Kapelke*, JJ., concur
Court of Appeals No. 11CA2446
City and County of Denver District Court No. 10CV8381
Honorable Robert S. Hyatt, Judge
Raptor Education Foundation, Inc.,
Plaintiff-Appellant,
v.
State of Colorado, Department of Revenue, Division of Motor Vehicles,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur
Court of Appeals No. 12CA0084
Mesa County District Court No. 11CV4121
Honorable David A. Bottger, Judge
Extreme Construction Company, a Colorado corporation,
Plaintiff-Appellant and Cross-Appellee,
v.
RCG Glenwood, LLC; and Mike Spradlin,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Kapelke* and Nieto*, JJ., concur
Court of Appeals No. 12CA1411
City and County of Denver District Court No. 11CR4963
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Kirk Mitchell Cito,
Defendant-Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Kapelke*, 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. 10CA0019
Arapahoe County District Court No. 03CR314
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stephen Harold Adams,
Defendant-Appellant.
ORDER 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. 10CA0021
Moffat County District Court No. 09CR50
Honorable Michael A. O’Hara, III, Judge
Honorable Edwin G. Ruland, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gordon Burch,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Richman and Sternberg*, JJ., concur
Court of Appeals No. 10CA1143
Arapahoe County District Court Nos. 09CR297 & 09CR1929
Honorable Kurt A. Horton, Judge
Honorable Elizabeth A. Weishaupl, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Zimbawe Fisher,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 10CA1279
Adams County District Court No. 09CR1160
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Scott Medina,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE MÁRQUEZ*
J. Jones and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1436
Jefferson County District Court No. 07CR1788
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Dion Gomez,
Defendant-Appellant.
APPEAL DISMISSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1526
City and County of Denver District Court No. 08CR5712
Honorable Edward D. Bronfin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel R. Rodriguez,
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. 10CA2106
Arapahoe County District Court No. 09CR1301
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tony Marcell Singleton,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
Court of Appeals No. 10CA2484
Arapahoe County District Court No. 98CR3336
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesus Manuel Macias,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0922
Huerfano County District Court No. 10DR30
Honorable Leslie J. Gerbracht, Judge
In re the Marriage of
Claudine C. Scarcella,
Appellant and Cross Appellee,
and
Ronald F. Scarcella,
Appellee and Cross Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CARPARELLI
Román and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1333
Adams County District Court Nos. 09CR2687 & 10CR420
Honorable Jeffrey L. Romeo, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marvin Trent Vicks,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
Court of Appeals No. 11CA1479
Adams County District Court No. 10CR0334
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Owen Michael Boosey,
Defendant-Appellant.
JUDGMENT 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. 11CA1522
City and County of Denver District Court No. 98CR3506
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Smith,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 11CA1947 & 12CA0051
San Miguel County District Court Nos. 07CV4 & 07CV36
Honorable J. Steven Patrick, Judge
UPS Capital Business Credit,
Plaintiff-Appellee,
v.
BIOTA Brands of America, Inc.; BIOTA Pure, LLC; David M. Zutler; and Michael J. Zutler,
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. 11CA1980
Jefferson County District Court No. 10CV4785
Honorable Randall C. Arp, Judge
Wells Fargo Bank, N.A.,
Plaintiff-Appellee,
v.
Brian A. Murphy & Associates, LLC,
Defendant-Appellant.
JUDGMENT 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. 11CA1999
Chaffee County District Court No. 11CV94
Honorable Charles M. Barton, Judge
Henry Lee Griffin, Jr.,
Plaintiff-Appellant,
v.
Tom Clements, In His Individual and Official Capacity,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2000
Chaffee County District Court No. 11CV111
Honorable Charles M. Barton, Judge
Henry Lee Griffin, Jr.,
Plaintiff-Appellant,
v.
Colorado Department of Corrections Mental Health Services,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2106
El Paso County District Court No. 93DR3663
Honorable Theresa M. Cisneros, Judge
In re the Marriage of
Leland Frederic Sutter,
Appellant,
and
Deborah Jo Ann Sutter, n/k/a Deborah Jo Ann Sutter-White,
Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE KAPELKE*
Gabriel and Nieto,* JJ., concur
Court of Appeals No. 11CA2463
City and County of Denver District Court No. 11CV703
Honorable Catherine A. Lemon, Judge
Jay W. Cook,
Plaintiff-Appellee,
v.
Namita K. Nariani,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Richman and Ney*, JJ., concur
Court of Appeals No. 11CA2490
Larimer County District Court No. 08DR510
Honorable Thomas R. French, Judge
In re the Parental Responsibilities of M.P.B-M., a Child,
and Concerning Marie Yvette Berndt,
Appellant,
and Rebecca Johanna McBlair,
Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE STERNBERG*
Dailey and Richman, JJ., concur
Court of Appeals No. 12CA0215
Jefferson County District Court No. 07DR701
Honorable Lily W. Oeffler, Judge
In re the Marriage of
Edith S. Mestas,
Appellee,
and
Edward F. Mestas,
Appellant.
ORDERS AFFIRMED
Division III
Opinion by JUDGE NIETO*
Richman and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0246
Eagle County District Court No. 10CV528
Honorable Frederick W. Gannett, Judge
Dean Zimmerman,
Plaintiff-Appellant,
v.
Sunriver Condominium Association,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE MÁRQUEZ*
J. Jones and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0459
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-636-044
Charlotte Zolman,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Horizon Home Care, LLC; and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE STERNBERG*
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0535
City and County of Denver District Court No. 11CV4556
Honorable Michael A. Martinez, Judge
Wells Fargo Bank, National Association,
Plaintiff-Appellee,
v.
Dan Martineau,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Richman and Sternberg*, JJ., concur
Court of Appeals No. 12CA1503
El Paso County District Court No. 11JV1207
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.H., a Child,
and Concerning L.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1661
Weld County District Court No. 10JV791
Honorable Marcelo Kopcow, Judge
Honorable Elizabeth Strobel, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of P.M-S., Child,
and Concerning S.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Plank* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1662
City and County of Denver Juvenile Court No. 11JV1746
Honorable Peter W. Booth, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.D.O., A.X.T-O., and M.S.O., Children,
and Concerning G.M.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2187
Pueblo County District Court No. 12MH295
Honorable William D. Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Doretta Dunham,
Respondent-Appellant.
ORDER AFFIRMED
Division A
Opinion by JUDGE GABRIEL
Loeb and Dunn, 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. 10CA1471
The People of the State of Colorado,
Plaintiff-Appellee,
v.
George Lo,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0019
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Deloss Rogers,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 11CA0487
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Manuel Melina,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0570
Rosa Payan; Guadalupe Arroyo; Salomon Martinez; Debra Gomez; Antonio Esquibel; and Julia Morgan,
Plaintiffs-Appellants,
v.
Nash Finch Company, d/b/a Avanza Supermarket,
Defendant-Appellee.
Petition for Rehearing DENIED
Court of Appeals No. 11CA1244
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Davis Marhoefer,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1448
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.R., a Child,
and Concerning F.N.,
Respondent-Appellant,
and
F.S. and A.S.,
Intervenors.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 11CA2157
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Byron T. Cortez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0063
US Bank National Association, as Trustee for CSFB ARMT 2006-3,
Plaintiff-Appellee,
v.
Megan L. McKinnon,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0124
Michael T. Voorhees,
Plaintiff-Appellant,
v.
University of Colorado; Trent Yang, in his capacity as Entrepreneurship & Business Development Director at the Renewable and Sustainable Energy Institute and employee of the University of Colorado; and David Allen, in his capacity as CU Associate Vice President and employee of the University of Colorado,
Defendants,
and
Jean N. Koster, in his capacity as a Professor and employee of the University of Colorado; Louis Stodieck, in his capacity as Center Director of Bio-Serve Space Technologies and employee of the University of Colorado; and David Klaus, in his capacity as Associate Director, Research at Bio-Serve Space Technologies and employee of the University of Colorado,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0191
In re the Estate of Jeffrey M. Johnson, deceased.
Laurel M. Christensen,
Petitioner-Appellant,
v.
Dawn Wilson,
Personal Representative-Appellee.
Petition for Rehearing DENIED
Court of Appeals No. 12CA0413
Keith Family Limited Partnership,
Plaintiff-Appellant,
v.
BP American Production Company; and Schultz Energy, L.L.C.,
Defendants-Appellees.
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.