ANNOUNCEMENTS COLORADO COURT OF APPEALS. November 1, 2001
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1 ANNOUNCEMENTS COLORADO COURT OF APPEALS November 1, 2001 "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 (in the htm format only) 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. Court of Appeals No. 99CA2407 U N P U B L I S H E D O P I N I O N S Arapahoe County District Court No. 98CR964 Honorable Timothy L. Fasing, Judge Laurence Ballani, JUDGMENT AFFIRMED Division V Opinion by JUDGE KAPELKE file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (1 of 33) [9/11/ :03:43 AM]
2 Casebolt and Vogt, JJ., concur Court of Appeals No. 00CA0183 Larimer County District Court No. 99CR564 Honorable James H. Hiatt, Judge Jason M. Ballard, JUDGMENT AFFIRMED Division V Opinion by JUDGE CASEBOLT Kapelke and Vogt, JJ., concur _ Court of Appeals No. 00CA0231 El Paso County District Court No. 98CR2459 Honorable Thomas L. Kennedy, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (2 of 33) [9/11/ :03:43 AM]
3 Mary Gertrude Tribble, JUDGMENT AFFIRMED Division II Opinion by JUDGE ROY Plank and Marquez, JJ., concur _ Court of Appeals No. 00CA0304 Arapahoe County District Court No. 98CR2632 Honorable Timothy L. Fasing, Judge Mary Marie Veasman, JUDGMENT AFFIRMED Division IV file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (3 of 33) [9/11/ :03:43 AM]
4 Opinion by JUDGE DAVIDSON Ruland and Dailey, JJ., concur _ Court of Appeals No. 00CA0460 Adams County District Court No. 98CR584 Honorable Donald W. Marshall, Jr., Judge Patrick B. Smith, JUDGMENT AND ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE JONES Rothenberg and Nieto, JJ., concur Court of Appeals No. 00CA0710 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (4 of 33) [9/11/ :03:43 AM]
5 Arapahoe County District Court No. 90CR404 Honorable Timothy L. Fasing, Judge Dexter Harris, JUDGMENT AFFIRMED Division III Opinion by JUDGE JONES Rothenberg and Nieto, JJ., concur Court of Appeals No. 00CA0746 Adams County District Court No. 98CR1698 Honorable Thomas R. Ensor, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (5 of 33) [9/11/ :03:43 AM]
6 Susan J. Beemer, SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE ROTHENBERG Jones and Nieto, JJ., concur Court of Appeals No. 00CA0931 Arapahoe County District Court No. 98CR1791 Honorable James F. Macrum, Jr., Judge Marcus D. Mitchell, JUDGMENT AFFIRMED Division V Opinion by JUDGE CASEBOLT Kapelke and Vogt, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (6 of 33) [9/11/ :03:43 AM]
7 _ Court of Appeals No. 00CA1007 City and County of Denver District Court No. 86CR1085 Honorable Joseph E. Meyer, III, Judge Ronald Cordova, ORDER AFFIRMED Division IV Opinion by JUDGE RULAND Davidson and Dailey, JJ., concur Court of Appeals Nos. 00CA1222 & 00CA1614 Grand County District Court No. 96CR5 Honorable Richard P. Doucette, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (7 of 33) [9/11/ :03:43 AM]
8 Robert Louis Wirtz, Jr., ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE NIETO Jones and Rothenberg, JJ., concur Court of Appeals No. 00CA1324 El Paso County District Court No. 99JD1295 Honorable D. Richard Toth, Judge Honorable David E. Ramirez, Judge People of the State of Colorado, Petitioner-Appellee, In the Interest of C.B., file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (8 of 33) [9/11/ :03:43 AM]
9 Juvenile-Appellant, and Concerning B.B., Respondent. JUDGMENT AFFIRMED Division IV Opinion by JUDGE DAILEY Davidson and Erickson*, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (9 of 33) [9/11/ :03:43 AM]
10 *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S Court of Appeals No. 00CA1560 Summit County District Court No. 98CV224 Honorable W. Terry Ruckriegle, Judge William R. York, a/k/a Bill York, and Cara A. York, Plaintiffs-Appellants and Cross-Appellees, Kuhns Brothers Log Homes, Inc., a Pennsylvania corporation, Defendant-Appellee and Cross-Appellant, and Scott J. Michener, d/b/a Kuhns Brothers Log Homes of the Summit, and d/b/a SMC-Keystone Builders, Defendant-Appellee and Cross-Appellee. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE CASEBOLT Kapelke and Vogt, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (10 of 33) [9/11/ :03:43 AM]
11 _ Court of Appeals No. 00CA1576 City and County of Denver District Court Nos. 95CR5199, 97CR63 & 98CR1309 Honorable John W. Coughlin, Judge David N. Lewis, ORDERS AFFIRMED Division III Opinion by JUDGE NIETO Jones and Rothenberg, JJ., concur Court of Appeals No. 00CA1600 City and County of Denver District Court No. 99CV1825 Honorable John W. Coughlin, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (11 of 33) [9/11/ :03:43 AM]
12 Tylle Morris, Plaintiff-Appellant, Louis J. Deegan, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE DAILEY Davidson and Ruland, JJ., concur Court of Appeals No. 00CA1642 Routt County District Court No. 96CR0020 Honorable Richard P. Doucette, Judge Donald A. Ashcraft, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (12 of 33) [9/11/ :03:43 AM]
13 ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE MARQUEZ Plank and Roy, JJ., concur _ Court of Appeals No. 00CA1684 El Paso County District Court No. 98CR2946 Honorable Ruthanne N. Polidori, Judge Genady B. Slonimsky, JUDGMENT AFFIRMED Division V Opinion by JUDGE VOGT Kapelke and Casebolt, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (13 of 33) [9/11/ :03:43 AM]
14 Court of Appeals No. 00CA1761 City and County of Denver District Court No. 98CR4486 Honorable Shelley I. Gilman, Judge Markell Taylor, ORDER AFFIRMED Division IV Opinion by JUDGE DAILEY Davidson and Ruland, JJ., concur Court of Appeals No. 00CA1763 Routt County District Court No. 00CV14 Honorable Joel S. Thompson, Judge Mid-Century Insurance Exchange, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (14 of 33) [9/11/ :03:43 AM]
15 Plaintiff-Appellant, Western Security Systems, Inc., Defendant-Appellee. JUDGMENT AFFIRMED Division V Opinion by JUDGE KAPELKE Casebolt and Vogt, JJ., concur Court of Appeals No. 00CA1964 Jefferson County District Court No. 97CV3687 Honorable Leland P. Anderson, Judge Catherine Adian, Cedar A. Pedraza, JUDGMENT AFFIRMED Division V file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (15 of 33) [9/11/ :03:43 AM]
16 Opinion by JUDGE KAPELKE Casebolt and Vogt, JJ., concur Court of Appeals No. 00CA1974 City and County of Denver District Court No. 99CV3910 Honorable John W. Coughlin, Judge Larry D. Sather, Plaintiff-Appellant, Glenn W. Merrick, Defendant-Appellee. JUDGMENT AFFIRMED Division III Opinion by JUDGE JONES Rothenberg and Nieto, JJ., concur Court of Appeals No. 00CA1980 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (16 of 33) [9/11/ :03:43 AM]
17 City and County of Denver District Court No. 99CV8143 Honorable John N. McMullen, Judge Letty Milstein, by and through her son, John Milstein, individually; and John Milstein, as trustee of the Letty Milstein Trust, Plaintiffs-Appellants, Marvin Wolf and Judi Wolf, Defendants-Appellees. JUDGMENT AFFIRMED Division III Opinion by JUDGE ROTHENBERG Jones and Nieto, JJ., concur Court of Appeals No. 00CA2013 Industrial Claim Appeals Office of the State of Colorado WC No Costco Wholesale and Cambridge Integrated Services Group, Petitioners, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (17 of 33) [9/11/ :03:43 AM]
18 Industrial Claim Appeals Office of the State of Colorado and Elizabeth Shepherd, Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE RULAND Davidson and Dailey, JJ., concur Court of Appeals No. 00CA2026 City and County of Denver District Court No. 00CV2935 Honorable Larry J. Naves, Judge Mountain State Ford Truck Sales, Inc., a Delaware corporation, Plaintiff-Appellant, Sterling Truck Corporation, a corporation, f/k/a HN80 Corporation, a subsidiary of Freightliner, a Daimler Chrysler Company, Defendant-Appellee. ORDER AFFIRMED Division I file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (18 of 33) [9/11/ :03:43 AM]
19 Opinion by JUDGE NEY Taubman and Pierce*, JJ., concur _ *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (19 of 33) [9/11/ :03:43 AM]
20 Court of Appeals No. 00CA2119 City and County of Denver District Court No. 94CV2123 Honorable John W. Coughlin, Judge Governor s Ranch Professional Center, Ltd., a Colorado general partnership, as assignee of National Canada Corporation, a Delaware corporation, and Claremont Enterprises, Inc., a Delaware corporation, Mercy of Colorado, Inc., d/b/a Merco, Inc.; Mercy Health Care Services, Inc.; Mercy Health Initiatives, Inc.; and Mercy Medical Center Denver, Colorado, f/k/a Mercy Hospital, Defendants-Appellants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE VOGT Kapelke and Casebolt, JJ., concur Court of Appeals No. 01CA0049 Delta County District Court No. 99CV159 Honorable Charles R. Greenacre, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (20 of 33) [9/11/ :03:43 AM]
21 David Ward, Plaintiff-Appellant, John Suthers, Executive Director of the Colorado Department of Corrections; and Steven Green, Warden of the Delta Correctional Center, Defendants-Appellees. JUDGMENT AFFIRMED Division V Opinion by JUDGE VOGT Kapelke and Casebolt, JJ., concur Court of Appeals No. 01CA0397 Industrial Claim Appeals Office of the State of Colorado WC No Elizabeth Shepherd, Petitioner and Cross-Respondent, Costco Wholesale and Cambridge Integrated Services Group, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (21 of 33) [9/11/ :03:43 AM]
22 Respondents and Cross-Petitioners, and Industrial Claim Appeals Office of the State of Colorado, Respondent. ORDER AFFIRMED IN PART, SET ASIDE IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE RULAND Davidson and Dailey, JJ., concur Court of Appeals No. 01CA0731 Industrial Claim Appeals Office of the State of Colorado WC No LVI Environmental Services, Inc., and Reliance Insurance Company, Petitioners, Industrial Claim Appeals Office of the State of Colorado and Susana Marquez, Respondents. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (22 of 33) [9/11/ :03:43 AM]
23 ORDER AFFIRMED Division V Opinion by JUDGE KAPELKE Casebolt and Vogt, JJ., concur Court of Appeals No. 01CA0785 Industrial Claim Appeals Office of the State of Colorado DD No Martin A. Garelick, Petitioner, The Industrial Claim Appeals Office of the State of Colorado, and Karr Distributing, Inc., Windsor Windows, Respondents. ORDER AFFIRMED Division IV Opinion by JUSTICE KIRSHBAUM* Davidson and Dailey, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (23 of 33) [9/11/ :03:43 AM]
24 _ *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S Court of Appeals No. 01CA0856 Industrial Claims Appeals Office of the State of Colorado WC No file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (24 of 33) [9/11/ :03:43 AM]
25 Wal-Mart Stores, Inc., and American Home Assurance, Petitioners, Industrial Claim Appeals Office of the State of Colorado and Ronald Archer, Respondents. ORDER AFFIRMED Division III Opinion by JUDGE JONES Rothenberg and Nieto, JJ., concur 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. 99CA1379 Lawrence Myers, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (25 of 33) [9/11/ :03:43 AM]
26 Petition for Rehearing DENIED _ Court of Appeals No. 99CA1579 Gregg Spicer and Vicki Spicer, Plaintiffs-Appellants, Quizno s Corporation, a Colorado corporation, Defendant-Appellee. Opinion Modified, and As Modified, Petitions for Rehearing DENIED Court of Appeals No. 99CA1677 Floyd David Slusher, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (26 of 33) [9/11/ :03:43 AM]
27 Petition for Rehearing DENIED Court of Appeals No. 99CA1684 Michael L. Medina, Petition for Rehearing DENIED _ Court of Appeals No. 99CA2070 Marian L. Olson and Ida M. Brueske, Plaintiffs-Appellees and Cross-Appellants, Hillside Community Church, S.B.C., a Colorado non-profit corporation; First Bank of Arvada, N.A.; the City of Golden, a Colorado municipal corporation; and the City Council of the City of Golden, Defendants-Appellants and Cross-Appellees. Petitions for Rehearing DENIED _ file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (27 of 33) [9/11/ :03:43 AM]
28 Court of Appeals No. 99CA2072 Roscoe Ford, Petition for Rehearing DENIED Court of Appeals No. 99CA2548 Joe B. Diercks, Petition for Rehearing DENIED Court of Appeals No. 00CA0092 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (28 of 33) [9/11/ :03:43 AM]
29 Petitioner-Appellee, In the Interest of T.A.O., a Child, Juvenile-Appellant. Petition for Rehearing DENIED Court of Appeals No. 00CA0175 Sireino Joe Martinez, Opinion Modified, and As Modified, Petition for Rehearing of Defendant-Appellant DENIED Petition for Rehearing of Plaintiff-Appellee DENIED Court of Appeals No. 00CA0704 Travelers Casualty and Surety Company of America, a Connecticut corporation, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (29 of 33) [9/11/ :03:43 AM]
30 Data Cellular Computer Solutions, Inc., a Colorado corporation; Marcus L. Allen; and Esper Gullatt, Jr., Defendants, and James O. Mulford, Intervenor Claimant-Appellant. Petition for Rehearing DENIED Court of Appeals No. 00CA0792 William Stanford, Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (30 of 33) [9/11/ :03:43 AM]
31 Court of Appeals No. 00CA1134 Lloyd A. Baker, Opinion Modified, and As Modified, Petition for Rehearing DENIED Court of Appeals No. 00CA1426 Randy B. Snyder, D.C., Howard Beall, Petition for Rehearing DENIED Court of Appeals No. 00CA1754 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (31 of 33) [9/11/ :03:43 AM]
32 Thurman Tait, deceased, by and through the personal representative of his estate, Tanice A. Tait, Plaintiff-Appellee and Cross-Appellant, Hartford Underwriters Insurance Company, Defendant-Appellant and Cross-Appellee. Petition for Rehearing DENIED Court of Appeals No. 00CA1806 Anton R. Bosacki, et al., Plaintiffs-Appellants, City of Arvada, et al., Defendants-Appellees, and Artemis Properties, LLC, Intervenor-Appellee. Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (32 of 33) [9/11/ :03:43 AM]
33 Court of Appeals No. 00CA1808 Edwin Martinez, Opinion Modified, and As Modified, Petition for Rehearing and Amended Petition for Rehearing DENIED _ Court of Appeals No. 00CA1929 Ralph Clyde Spruce, David Spruce, Petition for Rehearing DENIED _ file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2001/ html (33 of 33) [9/11/ :03:43 AM]
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