Landmark Towers Association, Inc., a Colorado nonprofit corporation, by EWG-GV, LLC, as receiver for 7677 East Berry Avenue Associates, LP, its declarant, v. UMB Bank, N.A.; Colorado Bondshares, a tax exempt fund; and Marin Metropolitan District, a Colorado special district
Court of Appeals Nos. 14CA2099 & 14CA2463
Colorado Court of Appeals
May 31, 2018
2018COA75
Honorable Donald W. Marshall, Judge
COLORADO COURT OF APPEALS
May 31, 2018
“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
2018COA75
Court of Appeals Nos. 14CA2099 & 14CA2463
Arapahoe County District Court No. 11CV1076
Honorable Donald W. Marshall, Judge
Landmark Towers Association, Inc., a Colorado nonprofit corporation, by EWG-GV, LLC, as receiver for 7677 East Berry Avenue Associates, LP, its declarant,
Plaintiff-Appellee and Cross-Appellant,
v.
UMB Bank, N.A.; Colorado Bondshares, a tax exempt fund; and Marin Metropolitan District, a Colorado special district,
Defendants-Appellants and Cross-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE J. JONES
Webb and Bernard, JJ., concur
The People of the State of Colorado v. Anthony Roger Jaquez
Court of Appeals No. 15CA1081
Colorado Court of Appeals
May 31, 2018
2018COA76
Honorable John E. Popovich, Judge
Court of Appeals No. 15CA1081
Adams County District Court No. 14CR2305
Honorable John E. Popovich, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Roger Jaquez,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE BERGER
Hawthorne and Miller*, JJ., concur
The People of the State of Colorado, In the Interest of G.B.
Court of Appeals No. 15CA1239
Colorado Court of Appeals
May 31, 2018
2018COA77
Honorable Thomas J. Quammen, Judge
2018COA77
Court of Appeals No. 15CA1239
Weld County District Court No. 14JD159
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of G.B.,
Juvenile-Appellant.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE WEBB
Richman and Fox, JJ., concur
The People of the State of Colorado v. Abel Gebre Laeke
Court of Appeals No. 15CA1838
Colorado Court of Appeals
May 31, 2018
2018COA78
Honorable Edward D. Bronfin, Judge
Court of Appeals No. 15CA1838
City and County of Denver District Court No. 04CR503
Honorable Edward D. Bronfin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abel Gebre Laeke,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Berger and Plank*, JJ., concur
The People of the State of Colorado v. Brandon D. Jackson
Court of Appeals No. 16CA0854
Colorado Court of Appeals
May 31, 2018
2018COA79
Honorable Frederick T. Martinez, Judge
2018COA79
Court of Appeals No. 16CA0854
Arapahoe County District Court No. 14CR1968
Honorable Frederick T. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brandon D. Jackson,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE FREYRE
Terry and Navarro, JJ., concur
Carl A. Cordell and Wanda M. Cordell v. Bradley Klingsheim
Court of Appeals No. 17CA0233
Colorado Court of Appeals
May 31, 2018
2018COA80
Honorable Suzanne F. Carlson, Judge
Court of Appeals No. 17CA0233
La Plata County District Court No. 12CV47
Honorable Suzanne F. Carlson, Judge
Carl A. Cordell and Wanda M. Cordell,
Plaintiff-Appellants,
v.
Bradley Klingsheim,
Defendant-Appellee.
ORDER AFFIRMED
Division V
Opinion by JUDGE WELLING
Dunn and Casebolt*, JJ., concur
Karen L. Kelly, Trustee v. Board of County Commissioners of Summit County, Colorado
Court of Appeals No. 17CA0431
Colorado Court of Appeals
May 31, 2018
2018COA81
2018COA81
Court of Appeals No. 17CA0431
Colorado Board of Assessment Appeals Case No. 68821
Karen L. Kelly, Trustee,
Petitioner-Appellant,
v.
Board of County Commissioners of Summit County, Colorado,
Respondent-Appellee,
and
Board of Assessment Appeals,
Appellee.
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE DUNN
Welling and Casebolt*, JJ., concur
Anitra Arline v. American Family Mutual Insurance Company
Court of Appeals No. 17CA1296
Colorado Court of Appeals
May 31, 2018
2018COA82
Honorable Elizabeth A. Starrs, Judge
Court of Appeals No. 17CA1296
City and County of Denver District Court No. 16CV34390
Honorable Elizabeth A. Starrs, Judge
Anitra Arline,
Plaintiff-Appellant,
v.
American Family Mutual Insurance Company,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Webb and Fox, JJ., concur
The People of the State of Colorado v. Ralph Kirksten Barnhardt
Court of Appeals No. 14CA1603
Colorado Court of Appeals
May 31, 2018
Honorable Jeffery R. Pilkington, Judge
Court of Appeals No. 14CA1603
Jefferson County District Court No. 13CR1796
Honorable Jeffery R. Pilkington, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ralph Kirksten Barnhardt,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE PLANK*
J. Jones and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
The People of the State of Colorado v. Jeanoh Baugher Barnett
Court of Appeals No. 14CA2104
Colorado Court of Appeals
May 31, 2018
Honorable Edward D. Bronfin, Judge
Court of Appeals No. 14CA2104
City and County of Denver District Court No. 13CR10114
Honorable Edward D. Bronfin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeanoh Baugher Barnett,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE WEBB
Richman and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
The People of the State of Colorado v. Lee Edward Riddle
Court of Appeals No. 14CA2478
Colorado Court of Appeals
May 31, 2018
Honorable Thomas L. Kennedy, Judge
Court of Appeals No. 14CA2478
El Paso County District Court No. 13CR4612
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lee Edward Riddle,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
The People of the State of Colorado v. Isaiah C. Hunter
Court of Appeals No. 15CA1263
Colorado Court of Appeals
May 31, 2018
Honorable Kenneth M. Laff, Judge
Court of Appeals No. 15CA1263
City and County of Denver District Court No. 13CR1908
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Isaiah C. Hunter,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CARPARELLI*
Dunn and Tow, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
The People of the State of Colorado, In the Interest of M.A.V.
Court of Appeals No. 15CA2141
Colorado Court of Appeals
May 31, 2018
Honorable Timothy L. Fasing, Judge
Court of Appeals No. 15CA2141
Arapahoe County District Court No. 14JD764
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.A.V.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE MILLER*
Hawthorne and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
The People of the State of Colorado v. Christopher Wayne Jones
Court of Appeals No. 16CA1672
Colorado Court of Appeals
May 31, 2018
Honorable Devin R. Odell, Judge
Court of Appeals No. 16CA1672
Larimer County District Court No. 12CR1634
Honorable Devin R. Odell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Wayne Jones,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE HAWTHORNE
Berger and Miller*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
The People of the State of Colorado, In the Interest of J.A.J., and Concerning A.M.
Court of Appeals No. 16CA2117
Colorado Court of Appeals
May 31, 2018
Honorable Robert R. Lung, Judge; Honorable Natalie T. Chase, Judge
Court of Appeals No. 16CA2117
Douglas County District Court No. 15JV221
Honorable Robert R. Lung, Judge
Honorable Natalie T. Chase, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.A.J., a Child,
and Concerning A.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROMÁN
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Colorado Medical Board v. Michael Lee King, M.D.
Court of Appeals No. 17CA0596
Colorado Court of Appeals
May 31, 2018
Court of Appeals No. 17CA0596
Colorado Medical Board Case No. ME 2016-0009
Colorado Medical Board,
Petitioner-Appellee,
v.
Michael Lee King, M.D., License No. DR 28090,
Respondent-Appellant.
APPEAL DISMISSED
Division VI
Opinion by JUDGE FREYRE
Terry and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Colarelli Construction, Inc. v. Christine A. Quinn
Court of Appeals No. 17CA0631
Colorado Court of Appeals
May 31, 2018
Honorable John F. Neiley, Judge
Court of Appeals No. 17CA0631
Pitkin County District Court No. 13CV30018
Honorable John F. Neiley, Judge
Colarelli Construction, Inc.,
Plaintiff-Appellant,
v.
Christine A. Quinn,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE NAVARRO
Terry and Freyre, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
The People of the State of Colorado, In the Interest of Z.L., and Concerning L.L. and J.G.
Court of Appeals No. 17CA1480
Colorado Court of Appeals
May 31, 2018
Honorable Valerie J. Robison, Judge
Court of Appeals No. 17CA1480
Mesa County District Court No. 16JV293
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.L. a Child,
and Concerning L.L. and J.G.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BERGER
Bernard and Freyre, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
The People of the State of Colorado v. Daniel Derek Rosales
Court of Appeals No. 15CA1926
Colorado Court of Appeals
May 31, 2018
Court of Appeals No. 15CA1926
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Derek Rosales,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
The People of the State of Colorado v. Edward E. Hudson
Court of Appeals No. 16CA0881
Colorado Court of Appeals
May 31, 2018
Court of Appeals No. 16CA0881
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward E. Hudson,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
In re the Estate of Tanya S. Olson
Court of Appeals No. 17CA0813
Colorado Court of Appeals
May 31, 2018
Court of Appeals No. 17CA0813
In re the Estate of Tanya S. Olson, a/k/a Tanya S. Noller Olson, a/k/a Tanya Sharon Olson, f/k/a Tanya S. Noller, deceased.
Gregory Lee Olson,
Appellant,
v.
Heidi Morgan, as Personal Representative for the Estate of Tanya Sharon Olson,
Petitioner-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2017.
