-1- ANNOUNCEMENTS Colorado Court of Appeals December 19, 2013

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1 -1- COLORADO COURT OF APPEALS DECEMBER 19, 2013 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 Court of Appeals No. 11CA1430 City and County of Denver District Court No. 10CV6246 Honorable Ann B. Frick, Judge Jennifer Hansen, American Family Mutual Insurance Company, JUDGMENT AFFIRMED Division III Opinion by JUDGE ROY * Dailey and Richman, JJ., concur

2 -2- Court of Appeals No. 12CA2298 El Paso County District Court No. 11CR1680 Honorable Tim J. Schutz, Judge Plaintiff-Appellant, Robert Clyde Crouse, Defendant-Appellee. ORDER AFFIRMED Division IV Opinion by JUDGE WEBB Dunn, J., concurs Bernard, J., concurs in part, dissents in part Court of Appeals No. 12CA2326 Industrial Claim Appeals Office of the State of Colorado DD No Foundation for Human Enrichment, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Division of Unemployment Insurance, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE ROMÁN Dailey and J. Jones, JJ., concur

3 -3- Court of Appeals No. 13CA0093 Gilpin County District Court No. 12CV58 Honorable Jack W. Berryhill, Judge Charles Barry, Plaintiff-Appellant, Bally Gaming, Inc., d/b/a Bally Technologies, a Nevada corporation; and CCSC/Blackhawk, Inc., d/b/a Lady Luck Casino Black Hawk, a Colorado corporation, Defendants-Appellees. JUDGMENT AFFIRMED Division VI Opinion by JUDGE GABRIEL Furman and Rothenberg*, JJ., concur

4 -4- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 10CA0178 Mesa County District Court No. 08CR1743 Honorable Valerie J. Robinson, Judge Miriam Helmick, JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur Court of Appeals No. 10CA1638 El Paso County District Court No. 10CR78 Honorable Thomas L. Kennedy, Judge Donald Leo Dudley, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE ROMÁN Dailey and J. Jones, JJ., concur

5 -5- Court of Appeals No. 10CA1743 El Paso County District Court Nos. 09CR1723 & 09CR1806 Honorable Barney Iuppa, Judge Jahaun Asa Gipson, JUDGMENT AFFIRMED Division VI Opinion by JUDGE KAPELKE* Furman, J., concurs Gabriel, J., specially concurs Court of Appeals No. 11CA0004 Boulder County District Court No. 09CR1667 Honorable Maria E. Berkenkotter, Judge Hans Michael Beelner, JUDGMENT AFFIRMED Division VII Opinion by JUDGE FOX Booras and Márquez*, JJ., concur

6 -6- Court of Appeals No. 11CA0059 Jefferson County District Court No. 09CR2572 Honorable Lily W. Oeffler, Judge Ricardo Vasquez-Marmoleto, n/k/a Ricardo Munis-Lopez, JUDGMENT AFFIRMED Division IV Opinion by JUDGE BERNARD Webb and Dunn, JJ., concur Court of Appeals No. 11CA0117 El Paso County District Court No. 09CR3421 Honorable Ronald G. Crowder, Judge Tony Blue, JUDGMENT AFFIRMED Division II Opinion by JUDGE ASHBY Casebolt and Terry, JJ., concur

7 -7- Court of Appeals No. 11CA0583 Adams County District Court No. 10CR496 Honorable Chris Melonakis, Judge Matthew Thomas Ellenberg, ORDER AFFIRMED Division II Opinion by JUDGE TERRY Loeb, C.J., and Casebolt, J., concur Court of Appeals No. 11CA1237 El Paso County District Court Nos. 08CR644, 08CR1624, & 09CR1216 Honorable Jann P. DuBois, Judge Raymond M. Vasquez, ORDER AFFIRMED Division IV Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur

8 -8- Court of Appeals No. 11CA2309 City and County of Denver District Court No. 10CR3162 Honorable Robert L. McGahey, Jr., Judge Kenneth Leon Shepard, JUDGMENT AFFIRMED Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur Court of Appeals No. 11CA2570 El Paso County District Court No. 10CR1530 Honorable William B. Bain, Judge Sergio Crandon Evelyn-Moe, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE HAWTHORNE Booras, J., concurs Fox, J., dissents

9 -9- Court of Appeals No. 12CA0003 Arapahoe County District Court No. 01CR236 Honorable John L. Wheeler, Judge Ankhbayar Khalzan, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE BERNARD Dunn, J., concurs Webb, J., dissents Court of Appeals Nos. 12CA0049, 12CA0440 & 12CA0953 El Paso County District Court No. 94DR4774 Honorable Gilbert A. Martinez, Judge In re the Marriage of Richard L. Walker, Jr., Appellee, and Lucy V. Walker, Appellant. ORDER AFFIRMED Division V Opinion by JUDGE GRAHAM Bernard and Kapelke*, JJ., concur

10 -10- Court of Appeals No. 12CA0423 Weld County District Court No. 07CR182 Honorable James F. Hartmann, Judge Shawna Louise Nelson, ORDER AFFIRMED Division VII Opinion by JUDGE MÁRQUEZ* Booras and Fox, JJ., concur Court of Appeals No. 12CA0586 Arapahoe County District Court No. 11JD327 Honorable William B. Sylvester, Judge Honorable James F. Macrum, Judge In the Interest of M.J.D., a Child, JUDGMENT AFFIRMED, ORDER VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BOORAS Fox and Márquez*, JJ., concur

11 -11- Court of Appeals No. 12CA0616 City and County of Denver District Court No. 11CR2038 Honorable John W. Madden, IV, Judge Charles E. Damp, JUDGMENT AFFIRMED Division III Opinion by JUDGE ROMÁN Dailey and J. Jones, JJ., concur Court of Appeals No. 12CA1100 Larimer County District Court No. 00CR1207 Honorable Gregory M. Lammons, Judge Kristi Howard, SENTENCE AFFIRMED Division IV Opinion by JUDGE BERNARD Webb and Dunn, JJ., concur

12 -12- Court of Appeals No. 12CA1118 Douglas County District Court No. 10CR696 Honorable Richard B. Caschette, Judge James Brian Holzer, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE KAPELKE* Furman and Gabriel, JJ., concur

13 -13- Court of Appeals No. 12CA1406 City and County of Denver District Court Nos. 05CV1143 & 05CV1144 Honorable Morris B. Hoffman, Judge Honorable J. Eric Elliff, Judge State of Colorado, ex rel. John W. Suthers, Attorney General; Julie Ann Meade, Administrator, Uniform Consumer Credit Code; and Paul Chessin, Senior Assistant Attorney General, Plaintiffs-Appellants, Cash Advance and Preferred Cash Loans, Defendants-Appellees, and Michael Hicks, Appellee. APPEAL DISMISSED Division IV Opinion by JUDGE BERNARD Webb and Nieto*, JJ., concur

14 -14- Court of Appeals No. 12CA1877 El Paso County District Court No. 11CV1829 Honorable Barbara L. Hughes, Judge Gimme Shelter Roofing, f/k/a igohireroofers, LLC, James Greene and Chong Greene, Defendants-Appellants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE MÁRQUEZ* Booras and Fox, JJ., concur Court of Appeals No. 12CA2321 City and County of Denver Juvenile Court No. 00JV1525 Honorable Karen M. Ashby, Judge In re the Parental Responsibilities Concerning D.L.S., a Child, and Concerning F.A.S., Petitioner-Appellee, and R.L.C. Respondent-Appellant. APPEAL DISMISSED IN PART AND ORDER AFFIRMED Division IV Opinion by JUDGE DUNN Webb and Bernard, JJ., concur

15 -15- Court of Appeals No. 12CA2395 Park County District Court No. 08CV245 Honorable Stephen A. Groome, Judge John W. Meyers, Jr., Vernon E. Wagner, APPEAL DISMISSED Division II Opinion by JUDGE CASEBOLT Terry and Ashby, JJ., concur Court of Appeals No. 13CA0091 City and County of Denver District Court No. 11CV2466 Honorable J. Eric Elliff, Judge Ricardo Hernandez, Plaintiff-Appellant, City and County of Denver and Joel Charette, Defendants-Appellees. JUDGMENT AFFIRMED Division III Opinion by CHIEF JUDGE LOEB Ney* and Nieto*, JJ., concur

16 -16- Court of Appeals No. 13CA0112 Douglas County District Court No. 12CV1771 Honorable Paul A. King, Judge Board of County Commissioners of The County of Douglas, Colorado, Petitioner-Appellee, and Scott Gessler, in his official capacity as Colorado Secretary of State, Intervenor, Marilyn Marks, Respondent-Appellant. ORDER AFFIRMED Division II Opinion by JUDGE ASHBY Casebolt and Terry, JJ., concur

17 -17- Court of Appeals No. 13CA0118 City and County of Denver Juvenile Court No. 10JV2321 Honorable Donna J. Schmalberger, Judge In re the Parental Responsibilities Concerning G.L.T., a Child, and Concerning T.S., Petitioner-Appellant, and S.T., Respondent-Appellee. JUDGMENT AFFIRMED Division III Opinion by CHIEF JUDGE LOEB Ney* and Nieto*, JJ., concur

18 -18- Court of Appeals No. 13CA0167 Arapahoe County District Court No. 11CV1736 Honorable J. Mark Hannen, Judge GB 2 Quebec, LLC, a Colorado limited liability company; Federal Insurance Company, an Indiana corporation; Tokio Marine & Nichido Fire Insurance Company, Ltd., a New York corporation; Amco Insurance Company of America, an Iowa corporation; and Cornerstone Natural Resources, LLC, a Delaware limited liability company, Plaintiffs-Appellants, Fire Alarm Services, Inc., a Colorado corporation; Cintas Corporation No. 2, d/b/a Cintas Fire Protection, a Nevada corporation; and Fire Alarm System Technologies, Inc., d/b/a Fast Fire, Inc., a Colorado corporation, Defendants-Appellees. JUDGMENTS AFFIRMED Division I Opinion by JUDGE MILLER Taubman and Lichtenstein, JJ., concur

19 -19- Court of Appeals No. 13CA0188 City and County of Denver District Court No. 12CV2214 Honorable Robert S. Hyatt, Judge Colorado Airport Parking, LLC, d/b/a USAirport Parking; Green Park Denver, LLC; and CFS 2907 Denver, LLC, d/b/a The Parking Spot, Plaintiffs-Appellants, Department of Aviation of The City and County of Denver; and Kim Day, in her capacity as Manager of Aviation, Defendants-Appellees. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Graham and Navarro, JJ., concur Court of Appeals No. 13CA0197 Weld County District Court No. 02CR294 Honorable Timothy G. Kerns, Judge Richard Dean Fendel, ORDER AFFIRMED Division I Opinion by JUDGE KAPELKE* Lichtenstein and Miller, JJ., concur

20 -20- Court of Appeals No. 13CA0497 Arapahoe County District Court No. 09DR3459 Honorable Elizabeth A. Weishaupl, Judge In re the Marriage of Jennifer Lynn Newkirk, Appellee, and Robert S. Newkirk, Jr., Appellant. ORDER VACATED Division I Opinion by JUDGE TAUBMAN Lichtenstein and Miller, JJ., concur Court of Appeals No. 13CA0559 Adams County District Court No. 12CV1036 Honorable Edward C. Moss, Judge Eldon Lorshbough, Plaintiff-Appellant, Jude Muniz, Defendant-Appellee. ORDER AFFIRMED Division VI Opinion by JUDGE GABRIEL Furman and Kapelke*, JJ., concur

21 -21- Court of Appeals No. 13CA0774 Industrial Claim Appeals Office of the State of Colorado DD No Stephen M. Cook, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Riviera Blackhawk, Inc., Respondents. ORDER AFFIRMED Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur Court of Appeals No. 13CA1254 Jefferson County District Court No. 12JV509 Honorable Ann Gail Meinster, Judge Petitioner-Appellee, In the Interest of C.B., a Child, and Concerning C.C., Respondent-Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE NEY* Loeb, C.J. and Nieto*, J., concur

22 -22- Court of Appeals No. 13CA1280 El Paso County District Court No. 11JV786 Honorable Thomas L. Kennedy, Judge Petitioner-Appellee, In the Interest of M.G., a Child, and Concerning A.H. and B.G., Respondents-Appellants. JUDGMENTS AFFIRMED Division VI Opinion by JUDGE GABRIEL Furman and Sternberg*, JJ., concur Court of Appeals No. 13CA1281 El Paso County District Court No. 12JV1827 Honorable Thomas L. Kennedy, Judge Petitioner-Appellee, In the Interest of A.H., a Child, and Concerning A.H. and B.G., Respondents-Appellants. JUDGMENTS AFFIRMED Division VI Opinion by JUDGE GABRIEL Furman and Sternberg*, JJ., concur

23 -23- Court of Appeals No. 13CA1317 Industrial Claim Appeals Office of the State of Colorado WC No Margaret Anne Perry, Petitioner, Industrial Claim Appeals Office of the State of Colorado, Xiotech Corporation, and Chubb Indemnity Insurance Company, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE LICHTENSTEIN Taubman and Miller, JJ., concur Court of Appeals No. 13CA1379 Industrial Claim Appeals Office of the State of Colorado DD No Theresa L. Zordel, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance, Benefit Payment Control, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE NEY* Loeb, C.J., and Sternberg*, J., concur

24 -24- Court of Appeals No. 13CA1409 Industrial Claim Appeals Office of the State of Colorado DD No Douglas E. Champiny, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Joseph T. Ryerson & Son, Inc., Respondents. ORDER AFFIRMED Division V Opinion by JUDGE RICHMAN Graham and Navarro, JJ., concur Court of Appeals No. 13CA1424 Weld County District Court No. 11JV1015 Honorable Marcelo A. Kopcow, Judge Petitioner-Appellee, In the Interest of O.G. and M.G., Children, and Concerning L.G., Respondent-Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE NIETO* Loeb, C.J. and Ney*, J., concur

25 -25- Court of Appeals No. 13CA1451 Industrial Claim Appeals Office of the State of Colorado DD No Keri A. Vinyard, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Darlys J. Wong CPA, PC, Respondents. ORDER AFFIRMED Division VII Opinion by JUDGE BOORAS Hawthorne and Fox, JJ., concur Court of Appeals No. 13CA1454 Adams County District Court No. 12JV109 Honorable F. Michael Goodbee, Judge Petitioner-Appellee, In the Interest of O.V.S, Jr., and J.V.S., Children, and Concerning O.V., Respondent-Appellant. JUDGMENT AFFIRMED Division VI Opinion by JUDGE STERNBERG* Furman and Gabriel, JJ., concur

26 -26- Court of Appeals No. 13CA1520 Industrial Claim Appeals Office of the State of Colorado DD No Daniel M. Hutto, Petitioner, Industrial Claim Appeals Office of the State of Colorado and SDH Services West, LLC, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE MILLER Taubman and Lichtenstein, JJ., concur Court of Appeals No. 13CA1543 Industrial Claim Appeals Office of the State of Colorado DD No Brenda D. Jones, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and 10 Til 2, LLC, Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE FOX Hawthorne and Booras, JJ., concur

27 -27- Court of Appeals No. 13CA1635 Industrial Claim Appeals Office of the State of Colorado DD No Mary I. Chacon, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Convergys Government Solutions, Respondents. ORDER AFFIRMED Division V Opinion by JUDGE NAVARRO Graham and Richman, JJ., concur Court of Appeals No. 13CA1961 Pueblo County District Court No. 13MH174 Honorable William David Alexander, Judge Petitioner-Appellee, In the Interest of Barbara Jean Hinman, Respondent-Appellant. ORDERS AFFIRMED Division V Opinion by JUDGE RICHMAN Graham and Navarro, JJ., concur

28 -28- Court of Appeals No. 09CA2432 P E T I T I O N S F O R R E H E A R I N G Barbara A. Freeman, Opinion Modified and Petition for Rehearing DENIED (Issued December 13, 2013) Court of Appeals No. 10CA0413 Jay L. Hamburg, Petition for Rehearing DENIED (Issued December 13, 2013)

29 -29- Court of Appeals No. 10CA2608 Quinten Poncho Abeyta, Petition for Rehearing DENIED Márquez, J., would GRANT Court of Appeals No. 12CA1302 Todd Creek Village Metropolitan District, Valley Bank & Trust Company, Petition for Rehearing DENIED

30 -30- Court of Appeals No. 12CA1998 Mobelisk LLC, Petitioner-Appellant, Jefferson County Board of County Commissioners, Respondent-Appellee, and Board of Assessment Appeals, Appellee. Petition for Rehearing DENIED Court of Appeals No. 12CA2188 In re the Marriage of Catherine C. Crane, Appellant and Cross-Appellee, and Todd C. Baucom, Appellee and Cross-Appellant. Petitions for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S