Landmark Towers Association, Inc. v. UMB Bank, N.A

2018 COA 75

• Court: Colorado Court of Appeals
• Decided: May 31, 2018
• Docket: 14CA2099, 14CA2463
• Status: Published

Opinion

-1- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

ANNOUNCEMENTS 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.

PUBLISHED OPINIONS

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 -2- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

2018COA76 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,

Anthony Roger Jaquez,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS

Division IV Opinion by JUDGE BERGER Hawthorne and Miller*, JJ., concur

2018COA77 Court of Appeals No. 15CA1239 Weld County District Court No. 14JD159 Honorable Thomas J. Quammen, Judge

Petitioner-Appellee,

In the Interest of G.B.,

Juvenile-Appellant.

Division III Opinion by JUDGE WEBB Richman and Fox, JJ., concur -3- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

2018COA78 Court of Appeals No. 15CA1838 City and County of Denver District Court No. 04CR503 Honorable Edward D. Bronfin, Judge

Abel Gebre Laeke,

ORDER AFFIRMED

Division VII Opinion by JUDGE BERNARD Berger and Plank*, JJ., concur

2018COA79 Court of Appeals No. 16CA0854 Arapahoe County District Court No. 14CR1968 Honorable Frederick T. Martinez, Judge

Brandon D. Jackson,

JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division VI Opinion by JUDGE FREYRE Terry and Navarro, JJ., concur -4- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

2018COA80 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,

Bradley Klingsheim,

Defendant-Appellee.

Division V Opinion by JUDGE WELLING Dunn and Casebolt*, JJ., concur

2018COA81 Court of Appeals No. 17CA0431 Colorado Board of Assessment Appeals Case No. 68821

Karen L. Kelly, Trustee,

Petitioner-Appellant,

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 -5- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

2018COA82 Court of Appeals No. 17CA1296 City and County of Denver District Court No. 16CV34390 Honorable Elizabeth A. Starrs, Judge

Anitra Arline,

Plaintiff-Appellant,

American Family Mutual Insurance Company,

JUDGMENT AFFIRMED

Division III Opinion by JUDGE RICHMAN Webb and Fox, JJ., concur -6- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

UNPUBLISHED OPINIONS

Court of Appeals No. 14CA1603 Jefferson County District Court No. 13CR1796 Honorable Jeffery R. Pilkington, Judge

Ralph Kirksten Barnhardt,

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)

Court of Appeals No. 14CA2104 City and County of Denver District Court No. 13CR10114 Honorable Edward D. Bronfin, Judge

Jeanoh Baugher Barnett,

Division III Opinion by JUDGE WEBB Richman and Fox, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e) -7- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

Court of Appeals No. 14CA2478 El Paso County District Court No. 13CR4612 Honorable Thomas L. Kennedy, Judge

Lee Edward Riddle,

Division III Opinion by JUDGE RICHMAN Webb and Fox, JJ., concur

Court of Appeals No. 15CA1263 City and County of Denver District Court No. 13CR1908 Honorable Kenneth M. Laff, Judge

Isaiah C. Hunter,

Division II Opinion by JUDGE CARPARELLI* Dunn and Tow, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e) -8- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

Court of Appeals No. 15CA2141 Arapahoe County District Court No. 14JD764 Honorable Timothy L. Fasing, Judge

In the Interest of M.A.V.,

Division IV Opinion by JUDGE MILLER* Hawthorne and Berger, JJ., concur

Court of Appeals No. 16CA1672 Larimer County District Court No. 12CR1634 Honorable Devin R. Odell, Judge

Christopher Wayne Jones,

Division IV Opinion by JUDGE HAWTHORNE Berger and Miller*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e) -9- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

Court of Appeals No. 16CA2117 Douglas County District Court No. 15JV221 Honorable Robert R. Lung, Judge Honorable Natalie T. Chase, Judge

In the Interest of J.A.J., a Child,

and Concerning A.M.,

Respondent-Appellant.

Division V Opinion by JUDGE ROMÁN Furman and Lichtenstein, JJ., concur

Court of Appeals No. 17CA0596 Colorado Medical Board Case No. ME 2016-0009

Colorado Medical Board,

Michael Lee King, M.D., License No. DR 28090,

APPEAL DISMISSED

Division VI Opinion by JUDGE FREYRE Terry and Vogt*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e) -10- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

Court of Appeals No. 17CA0631 Pitkin County District Court No. 13CV30018 Honorable John F. Neiley, Judge

Colarelli Construction, Inc.,

Christine A. Quinn,

Division VI Opinion by JUDGE NAVARRO Terry and Freyre, JJ., concur

Court of Appeals No. 17CA1480 Mesa County District Court No. 16JV293 Honorable Valerie J. Robison, Judge

In the Interest of Z.L. a Child,

and Concerning L.L. and J.G.,

Division VII Opinion by JUDGE BERGER Bernard and Freyre, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e) -11- ANNOUNCEMENTS Colorado Court of Appeals May 31, 2018 _______________ __________________________ __________ _______________

PETITIONS FOR REHEARING

Court of Appeals No. 15CA1926

Daniel Derek Rosales,

Petition for Rehearing DENIED

Court of Appeals No. 16CA0881

Edward E. Hudson,

Opinion Modified and Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(e) -12- ANNOUNCEMENTS 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,

Heidi Morgan, as Personal Representative for the Estate of Tanya Sharon Olson,

Petitioner-Appellee.

*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2017.