ANNOUNCEMENTS COLORADO COURT OF APPEALS January 22, 2004 U N P U B L I S H E D O P I N I O N S

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1 ANNOUNCEMENTS COLORADO COURT OF APPEALS January 22, 2004 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. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 00CA2369 El Paso County District Court No. 98CR1430 Honorable Larry E. Schwartz, Judge Darrell Lee Shavey, JUDGMENTS AFFIRMED Division V Opinion by JUDGE DAILEY Davidson, C.J., and Vogt, J., concur Court of Appeals No. 01CA1480 City and County of Denver District Court No. 88CR2303 Honorable H. Jeffrey Bayless, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (1 of 14) [9/11/2008 9:48:31 AM]

2 Elliott J. Raibon, APPEAL DISMISSED Division II Opinion by JUDGE ROTHENBERG Nieto and Piccone, JJ., concur Court of Appeals No. 02CA0309 Douglas County District Court No. 00CV0864 Honorable Paul A. King, Judge Elvin's Rental & Storage, Inc., a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, Columbine Business Center, LLC, a Colorado limited liability company, Defendant-Appellee and Cross-Appellant. JUDGMENT AFFIRMED AND CROSS-APPEAL DISMISSED Division V Opinion by JUDGE DAILEY Davidson, C.J., and Vogt, J., concur Court of Appeals No. 02CA0680 Jefferson County District Court No. 01CR0217 Honorable Ruthanne N. Polidori, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (2 of 14) [9/11/2008 9:48:31 AM]

3 Michael J. Olson, JUDGMENT AFFIRMED Division V Opinion by JUDGE VOGT Davidson, C.J., and Dailey, J., concur Court of Appeals No. 02CA1090 Jefferson County District Court No. 98CR3725 Honorable Leland P. Anderson, Judge Michael A. Romero, Jr., JUDGMENT AFFIRMED Division I Opinion by JUDGE WEBB Marquez and Taubman, JJ., concur Court of Appeals No. 02CA1107 Pueblo County District Court No. 95CR1146 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (3 of 14) [9/11/2008 9:48:31 AM]

4 Honorable Dennis Maes, Judge Rocky Adam Trujillo, ORDER AFFIRMED Division V Opinion by CHIEF JUDGE DAVIDSON Vogt, J., concurs Dailey, J., specially concurs Court of Appeals No. 02CA1207 Mesa County District Court No. 99CR0036 Honorable David A. Bottger, Judge Gary Patton, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE DAILEY Davidson, C.J., and Vogt, J., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (4 of 14) [9/11/2008 9:48:31 AM]

5 Court of Appeals No. 02CA1332 El Paso County District Court No. 01DR767 Honorable Peter W. Booth, Judge In re the Marriage of Laura Heckman, Appellee, and Anthony Heckman, Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE CASEBOLT Graham and Loeb, JJ., concur Court of Appeals No. 02CA1368 Adams County District Court No. 01CV0870 Honorable Donald W. Marshall, Jr., Judge Ralph Nelson, Plaintiff-Appellant, Trans Lease, Inc., d/b/a Trans Lease, Inc. and Trans Lease, Inc. of Colorado, Defendant-Appellee. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (5 of 14) [9/11/2008 9:48:31 AM]

6 Division IV Opinion by JUDGE GRAHAM Casebolt and Loeb, JJ., concur Court of Appeals No. 02CA1470 Fremont County District Court Nos. 98CR351 & 99CR10 Honorable John E. Anderson, III, Judge Gary A. Cicchi, ORDER AFFIRMED Division V Opinion by JUDGE VOGT Davidson, C.J., and Dailey, J., concur Court of Appeals No. 02CA1606 Mesa County District Court No. 00CR0942 Honorable Amanda D. Bailey, Judge Shawn T. Dondero, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (6 of 14) [9/11/2008 9:48:31 AM]

7 APPEAL DISMISSED Division I Opinion by JUDGE TAUBMAN Marquez and Webb, JJ., concur Court of Appeals No. 02CA1803 Weld County District Court Nos. 99CV0248 & 00CV0247 Honorable William L. West, Judge Karen Sue Paul, Plaintiff-Appellant, Mike Witman, John Kielian, and Dale Beverly, Defendants-Appellees. JUDGMENTS AFFIRMED Division I Opinion by JUDGE TAUBMAN Marquez and Webb, JJ., concur Court of Appeals No. 02CA2306 La Plata County District Court No. 00DR237 Honorable David L. Dickinson, Judge In re the Marriage of Donna Wagle, Appellee, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (7 of 14) [9/11/2008 9:48:31 AM]

8 James Mathison, Appellant. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE LOEB Casebolt and Graham, JJ., concur Court of Appeals No. 02CA2361 City and County of Denver District Court No. 02CV4167 Honorable Herbert L. Stern, III, Judge Western Fire Truck, Inc., Emergency One, Inc., ORDER AFFIRMED Division IV Opinion by JUDGE CASEBOLT Graham and Loeb, JJ., concur Court of Appeals No. 03CA0222 Routt County District Court No. 02CV085 Honorable Richard P. Doucette, Judge Triple Peaks, LLC, and Steamboat, LLC, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (8 of 14) [9/11/2008 9:48:31 AM]

9 Plaintiffs-Appellants, American Skiing Company; Steamboat Ski & Resort Corporation; Walton Pond Apartments, Inc.; and American Skiing Company Resort Properties, Inc., Defendants-Appellees. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE WEBB Marquez and Taubman, JJ., concur Court of Appeals No. 03CA0367 City and County of Denver Juvenile Court No. 01JV1361 Honorable Karen M. Ashby, Judge In the Interest of T.W., Jr., a/k/a T.S.M.H., a Child, Upon the Petition of the Denver Department of Human Services, Petitioner-Appellee, and Concerning L.S.C., Respondent-Appellant. JUDGMENT AFFIRMED Division I Opinion by JUDGE MARQUEZ Taubman and Webb, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (9 of 14) [9/11/2008 9:48:31 AM]

10 Court of Appeals No. 03CA0493 Arapahoe County District Court No. 02DR2142 Honorable Robert H. Russell, II, Judge In re the Parental Responsibilities of G.V.C., a Child, and Concerning Gerardo Valtierra, Appellee, and Marie Concepcion Cordero Pina, Appellant. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE CASEBOLT Graham and Loeb, JJ., concur Court of Appeals No. 03CA0515 Industrial Claim Appeals Office of the State of Colorado WC No Sandra Torrence, Petitioner, Industrial Claim Appeals Office of the State of Colorado, University Hospital, and Pinnacol Assurance, Respondents. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (10 of 14) [9/11/2008 9:48:31 AM]

11 ORDER AFFIRMED Division III Opinion by JUDGE ROY Kapelke and Carparelli, JJ., concur Court of Appeals No. 03CA0770 Adams County District Court No. 02JV0085 Honorable Chris Melonakis, Judge Petitioner-Appellee, In the Interest of S.T., a Child, and Concerning T.G., Respondent-Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE KAPELKE Roy and Carparelli, 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 Nos. 00CA0257 & 00CA0655 People of the State of Colorado, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (11 of 14) [9/11/2008 9:48:31 AM]

12 Ruben J. Muniz Petition for Rehearing DENIED _ Court of Appeals No. 01CA2018 People of the State of Colorado, Ernest H. Perez, III, Petition for Rehearing DENIED _ Court of Appeals No. 02CA0686 Andre Sturges, Opinion Modified, and As Modified, Petitions for Rehearing DENIED _ file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (12 of 14) [9/11/2008 9:48:31 AM]

13 Court of Appeals No. 02CA1752 Millard E. Walton and Labelle Walton, Plaintiffs-Appellants, City of Raton, a municipal corporation, Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 02CA2493 Edwin Mark Ackerman, Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2004/ htm (13 of 14) [9/11/2008 9:48:31 AM]

14 *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/2004/ htm (14 of 14) [9/11/2008 9:48:31 AM]

JUDGMENT AFFIRMED. Division IV Opinion by: JUDGE TERRY Casebolt and Webb, JJ., concur. Announced: January 24, 2008

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