ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MAY 12, 2008
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1 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, MAY 12, 2008 "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. Click on the case number to view the opinion in pdf format OPINIONS SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Original Proceeding Pursuant to C.A.R. 21 El Paso County District Court, Case No. 06CV1369 Honorable Timothy J. Simmons, Judge In Re: Plaintiff: Case No. 07SA249 DAWN E. HOYAL, surviving spouse of Arbuth Jay Hoyal, and Dawn E. Hoyal, as Personal Representative of the ESTATE OF ARBUTH JAY HOYAL, Defendant: PIONEER SAND COMPANY, INC. RULE DISCHARGED EN BANC JUSTICE HOBBS delivered the Opinion of the Court. JUSTICE RICE dissents, and JUSTICE COATS and JUSTICE EID join in the dissent. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (1 of 14) [8/19/2008 4:45:40 PM]
2 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 05CA0312 Case No. 06SC627 GRANITE STATE INSURANCE COMPANY, a corporation authorized to do business in the State of Colorado, KEN CARYL RANCH MASTER ASSOCIATION, a Colorado nonprofit corporation, d/b/a KEN CARYL RANCH ASSOCIATION. JUDGMENT REVERSED AND CASE REMANDED EN BANC JUSTICE BENDER delivered the Opinion of the Court. JUSTICE EID concurs. SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 04CA1050 Case No. 06SC798 file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (2 of 14) [8/19/2008 4:45:40 PM]
3 JOHNNIE ERICK ARKO, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS EN BANC JUSTICE BENDER delivered the Opinion of the Court. JUSTICE COATS dissents, and JUSTICE EID joins in the dissent. SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 05CA1597 EVA SIGALA, Case No. 07SC73 ATENCIO'S MARKET, ROYAL & SUNALLIANCE, and INDUSTRIAL CLAIM APPEALS OFFICE. JUDGMENT REVERSED AND CASE REMANDED EN BANC JUSTICE BENDER delivered the Opinion of the Court. JUSTICE EID dissents, and JUSTICE COATS joins in the dissent. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (3 of 14) [8/19/2008 4:45:40 PM]
4 Case No. 07SC60 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals No. 05CA0792 JOSHUA LEYVA, JUDGMENT REVERSED EN BANC JUSTICE RICE delivered the Opinion of the Court. JUSTICE COATS dissents, and JUSTICE EID joins in the dissent. SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 05CA2213 Case No. 07SC353 MADELINE BUSBY SCHWARTZ, deceased, by and through the ESTATE OF MADELINE BUSBY SCHWARTZ, NORMAN SCHWARTZ. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (4 of 14) [8/19/2008 4:45:40 PM]
5 JUDGMENT REVERSED EN BANC JUSTICE EID delivered the Opinion of the Court. PETITIONS FOR REHEARING Case No. 06SC681 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 04CA2113 BARBARA L. TRATTLER, individually, as representative of the ESTATE OF LARRY TRATTLER, deceased, and as next friend of LARRY T. TRATTLER, ADAM G. TRATTLER, and ANDREW D. TRATTLER, minor children, DANIEL C. CITRON, M.D.; COLORADO INTERNAL MEDICINE CENTER, P.C.; MARK W. KELLER, M.D.; and AURORA DENVER CARDIOLOGY ASSOCIATES, P.C. Petition for Rehearing DENIED. EN BANC JUSTICE EID would grant the Petition. PETITIONS FOR WRIT OF CERTIORARI file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (5 of 14) [8/19/2008 4:45:40 PM]
6 No. 07SC712 Court of Appeals Case No. 05CA1577 (5/17/07) Petitioner/Cross- THE PEOPLE OF THE STATE OF COLORADO, Respondent/Cross- TRACY DAVID OWENS. Petition and Cross- No. 07SC749 Court of Appeals Case No. 05CA1819 (7/12/07) LARRY M. PLATT, No. 07SC767 Court of Appeals Case No. 06CA1156 (8/2/07) S.J.G., L.E.L., In re the Interest of L.D.G., minor child. No. 07SC966 Court of Appeals Case No. 05CA0349 (9/27/07) Mark Irlanda, The People of the State of Colorado. No. 07SC1010 Court of Appeals Case No. 06CA0410 (9/20/07) file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (6 of 14) [8/19/2008 4:45:40 PM]
7 Petitioners: KENTCO LIMITED PARTNERSHIP; RK LAND & CATTLE COMPANY, LLC, a Colorado limited liability company; and RICHARD KENT, individually and as agent, representative, partner or member of Kentco Limited Partnership and RK Land & Cattle Co., LLC, RONALD KANAN; KANAN CONSTRUCTION & DEVELOPMENT, LLC, a Colorado limited liability company; and RAINBOW LAND COMPANY, a Colorado corporation. No. 07SC1067 Court of Appeals Case No. 05CA1556 (11/1/07) FRANK R. HILL, No. 07SC1095 Court of Appeals Case No. 02CA1403 (11/8/07) JAMES OPLINGER, No. 07SC1099 Court of Appeals Case No. 05CA1879 (11/8/07) THOMAS QUICK, No. 07SC1104 Court of Appeals Case No. 06CA0284 (11/15/07) file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (7 of 14) [8/19/2008 4:45:40 PM]
8 Petitioners: IN RE THE ESTATES OF RICHARD J. NAU, RONALD MARTIN, LAWRENCE SMITH, JR, JACK M. MODIG, BENIGNO MARTINEZ, VINCENT LOGGINS, MORRIS MONTOYA, BENJAMIN J. MUNIZ, JOSEPH C. BARRIENTES, and ALBERT FETTY, through LINDA GOMEZ, as next friend, THE STATE OF COLORADO and MARVA LIVINGSTON HAMMONS, in her official capacity as the Executive Director of the Colorado Department of Human Services; STEPHEN SCHOENMAKERS, in his official capacity as Superintendent of the Colorado Mental Health Institute at Pueblo and as the Representative Payee of Veterans Administration benefits for plaintiffs; and JAMES DUFF, in his official capacity as the Chief Financial Officer of the Southern District Accounting Office of the Colorado Department of Human Services. No. 08SC4 Court of Appeals Case No. 04CA2564 (10/11/07) ANTHONY GABRIEL DIAZ, No. 08SC23 Court of Appeals Case No. 06CA2183 (11/29/07) CARL S ITALIAN RESTAURANT, TRUCK INSURANCE EXCHANGE, members of the Farmers Insurance Group of Companies. No. 08SC24 Court of Appeals Case No. 05CA1356 (10/11/07) JULIAN GARCIA, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (8 of 14) [8/19/2008 4:45:40 PM]
9 No. 08SC27 Court of Appeals Case No. 06CA0547 (11/29/07) RAYMOND L. WISEMAN, CHARLES HUGHES, KATHRYN HUGHES, JEAN OELRICH, and ROGER VAN DEEL. No. 08SC29 Court of Appeals Case No. 06CA1776 (11/29/07) COPPER FIELD LAND HOLDINGS, LLC., a Colorado limited liability company, VIACOM OUTDOOR, INC., a Delaware corporation No. 08SC36 Court of Appeals Case No. 07CA0885 (11/15/07) ANN L. RAMSEY, YAMPAH HOT SPRINGS, INC. and INDUSTRIAL CLAIM APPEALS OFFICE. No. 08SC48 Court of Appeals Case No. 05CA2510 (12/6/07) CHADDRICK THOMAS, No. 08SC57 Court of Appeals Case No. 05CA2159 (11/29/07) file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (9 of 14) [8/19/2008 4:45:40 PM]
10 LARRY MILLER, No. 08SC65 Court of Appeals Case Nos. 05CA2099, 06CA0043, 06CA0240 (11/15/07) Petitioners: LAKESIDE VENTURES LLC, RICHARD E. NORTON, LEE ALLEN STOUSE, and CAROLYN NORTON. DREW CLELAND; ROBERT MCATEE; WILLIAM LAUER; and DLMT, LLC. No. 08SC83 Court of Appeals Case No. 06CA0966 (12/20/07) ROBERT EDGAR CHANNEL, No. 08SC94 Court of Appeals Case No. 06CA1899 (12/20/07) ROSENDO RODRIGUEZ, TED S PLUMBING & HEATING, AMERICAN FAMILY INSURANCE COMPANY and INDUSTRIAL CLAIM APPEALS OFFICE. No. 08SC96 Court of Appeals Case No. 06CA1452 (12/20/07) TOMAS RIOS, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (10 of 14) [8/19/2008 4:45:40 PM]
11 No. 08SC101 Court of Appeals Case No. 06CA1085 (12/20/07) EMILIA CASTANEDA, No. 08SC102 Court of Appeals Case No. 05CA0814 (12/20/07) ALBERT GUTIERREZ, No. 08SC111 Mesa County District Court Case No. 07CV257 RUSSELL H. BROWN, No. 08SC117 Court of Appeals Case No. 06CA0891 (10/4/07) EXPERT MECHANICAL, INC., FORTUNATO INSULATION & FIRESTOPPING, INC. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (11 of 14) [8/19/2008 4:45:40 PM]
12 No. 08SC118 Court of Appeals Case No. 06CA0360 (12/27/07) CHRISTOPHER BELLIN, No. 08SC126 Court of Appeals Case No. 06CA2627 (12/27/07) JAMES MEE, No. 08SC130 Court of Appeals Case No. 06CA2628 (12/6/07) ALAN MCGUIRE, No. 08SC151 Court of Appeals Case No. 07CA0857 (1/31/08) HILTON B. JACKSON, No. 08SC152 Moffat County District Court Case No. 07CV69 file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (12 of 14) [8/19/2008 4:45:40 PM]
13 TIMOTHY C. HAMPTON, No. 08SC156 Court of Appeals Case No. 06CA1072 (11/1/07) JACKIE LYNN STEELE, a/k/a JACK LYNN STEELE, a/k/a FRANK LYNN STEELE, No. 08SC158 Court of Appeals Case No. 06CA0567 (1/24/08) RALPH JAMES DICKEY, No. 08SC168 Court of Appeals Case No. 05CA2168 (12/6/08) JASON L. PECCI, No. 08SC170 Court of Appeals Case No. 07CA0628 (1/24/08) TODD WOODWARD, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (13 of 14) [8/19/2008 4:45:40 PM]
14 No. 08SC171 Court of Appeals Case No. 07CA2005 (2/14/08) PATRICK L. BRENNER, No. 08SC178 Court of Appeals Case No. 06CA2309 (1/17/08) Petitioners: ADVANCED COMPONENT SYSTEMS and PINNACOL ASSURANCE, GREGORY HARRISON and INDUSTRIAL CLAIM APPEALS OFFICE file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2008/ htm (14 of 14) [8/19/2008 4:45:40 PM]
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