-1- ANNOUNCEMENTS Colorado Court of Appeals December 17, 2015

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1 -1- COLORADO COURT OF APPEALS 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 2015COA174 Court of Appeals No. 12CA0575 Mesa County District Court No. 03CR1137 Honorable Valerie J. Robison, Judge Jason Garner, ORDER AFFIRMED Division II Opinion by JUDGE DAILEY Booras and Navarro, JJ., concur

2 COA175 Court of Appeals No. 12CA2540 Adams County District Court No. 10CR1565 Honorable Mark D. Warner, Judge James Joseph Garner, Division IV Opinion by JUDGE GRAHAM Román and Vogt*, JJ., concur 2015COA176 Court of Appeals No. 13CA1964 Jefferson County District Court No. 11CR3412 Honorable Dennis J. Hall, Judge Honorable Randall C. Arp, Judge Bryan Matthew Giem, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Hawthorne and Furman, JJ., concur

3 COA167M Court of Appeals Nos. 14CA0063 & 14CA0797 City and County of Denver District Court No. 10CV6699 Honorable Herbert L. Stern, III, Judge Tad S. Rogers, Plaintiff-Appellee and Cross-Appellant, Forest City Stapleton, Inc., and FC Stapleton II, LLC, Defendants-Appellants and Cross-Appellees. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ASHBY Furman, J., concurs in part and dissents in part Booras, J., concurs in part and dissents in part Prior Opinion in 14CA0797 Announced November 19, 2015, WITHDRAWN

4 COA170M Court of Appeals Nos. 14CA0901 & 14CA1511 City and County of Denver District Court No. 12CV5391 Honorable Catherine A. Lemon, Judge Honorable Shelley I. Gilman, Judge Honorable J. Eric Elliff, Judge Charlene Dickinson, Plaintiff-Appellant and Cross-Appellee, Lincoln Building Corporation, a foreign corporation and Wells Fargo Bank NA, a foreign corporation, Cross-Appellants, and G4S Secure Solutions (USA) Inc., a foreign corporation, Defendant-Appellee. JUDGMENTS AND ORDERS AFFIRMED Division III Opinion by JUDGE FOX Webb and Berger, JJ., concur Prior Opinion in 14CA1511 Announced November 19, 2015, WITHDRAWN

5 COA177 Court of Appeals No. 14CA1296 San Miguel County District Court No. 11CV9 Honorable Mary E. Deganhart, Judge Gold Hill Development Company, L.P., Plaintiff-Appellant, TSG Ski & Golf, LLC, a Delaware limited liability company; TSG Asset Holdings, LLC, a Delaware limited liability company; and Board of County Commissioners of the County of San Miguel, Colorado, Defendants-Appellees. JUDGMENT AND ORDER AFFIRMED Division VI Opinion by JUDGE BOORAS Furman and Ashby, JJ., concur

6 -6- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 12CA0713 Jefferson County District Court No. 10CR2366 Honorable Philip J. McNulty, Judge Anthony Ray Lobato, Division IV Opinion by JUDGE GRAHAM Román and Plank*, JJ., concur Court of Appeals No. 12CA1489 Arapahoe County District Court No. 11CR191 Honorable John L. Wheeler, Judge Honorable Michael J. Spear, Judge Simon Kubuugu, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE ASHBY Miller and Sternberg*, JJ., concur

7 -7- Court of Appeals No. 12CA1774 Weld County District Court No. 11CR378 Honorable Todd L. Taylor, Judge Nehemiah Felipe Chavez, Division III Opinion by JUDGE BERGER Webb and Fox, JJ., concur Court of Appeals No. 12CA2036 Larimer County District Court No. 12CR288 Honorable Stephen E. Howard, Judge Julian Bermea Gonzales, Division VI Opinion by JUDGE BERNARD Terry and Dunn, JJ., concur

8 -8- Court of Appeals No. 12CA2130 Adams County District Court No. 10CR3099 Honorable Francis C. Wasserman, Judge Honorable Jill-Ellyn Straus, Judge Christopher James Strimple, Division VII Opinion by JUDGE MILLER Ashby and Sternberg*, JJ., concur Court of Appeals No. 13CA0394 Arapahoe County District Court Nos. 11CR879 & 11CR1867 Honorable Marilyn Leonard Antrim, Judge Trevor Darnell Meadows, JUDGMENT AND SENTENCE AFFIRMED Division I Opinion by CHIEF JUDGE LOEB Ney* and Nieto*, JJ., concur

9 -9- Court of Appeals No. 13CA0918 Pueblo County District Court No. 12CR1184 Honorable Victor I. Reyes, Judge Thomas Arthur Wells, SENTENCES AFFIRMED, ORDER VACATED, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE LICHTENSTEIN Miller and Ashby, JJ., concur Court of Appeals No. 13CA1796 City and County of Denver County District Court No. 04CR2961 Honorable Morris B. Hoffman, Judge Mervoil E. Winn, ORDER AFFIRMED Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur

10 -10- Court of Appeals No. 13CA1815 Adams County District Court No. 12CR1467 Honorable Emil A. Rinaldi, Judge Honorable Diana L. Roybal, Judge William Edward Johnson, CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE ROMÁN Graham and Freyre, JJ., concur Court of Appeals No. 13CA1921 El Paso County District Court No. 10CR2968 Honorable Scott A. Sells, Judge Anthony Maurice Hammond, ORDER AFFIRMED Division VI Opinion by JUDGE DUNN Bernard and Terry, JJ., concur

11 -11- Court of Appeals No. 13CA2273 Fremont County District Court No. 12CR188 Honorable Patrick W. Murphy, Judge Isaac Benavidez, JUDGMENT AND SENTENCES AFFIRMED, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur Court of Appeals No. 14CA0018 Boulder County District Court No. 12CR1216 Honorable Patrick D. Butler, Judge Honorable Roxanne Bailin, Judge Demian R. Weigle, JUDGMENT AND SENTENCE AFFIRMED Division VII Opinion by JUDGE STERNBERG* Miller and Ashby, JJ., concur

12 -12- Court of Appeals No. 14CA0141 Larimer County District Court No. 11CR1575 Honorable Devin R. Odell, Judge Benjamin David Gilmore, Division II Opinion by JUDGE DAILEY Booras and Navarro, JJ., concur

13 -13- Court of Appeals No. 14CA0154 El Paso County District Court No. 08CV4553 Honorable Larry E. Schwartz, Judge Woodmen Heights Metropolitan District No. 1; Woodmen Heights Metropolitan District No. 2; Woodmen Heights Metropolitan District No. 3; Title 32 Metropolitan Districts; and KF 103-CV, LLC, a Colorado limited liability company, Plaintiffs-Appellees, Infinity Land Corporation, a Colorado corporation; H2 Land Company, LLC, a Colorado limited liability company; Howard Family Investments, LLC, a Colorado limited liability company; RS Holding Company, LLC, f/k/a Infinity Holding Company, LLC, a Colorado limited liability company; Paul J. Howard, individually; Jonathan Howard, individually; Scott Hente, individually; Robert Ormston, individually; RS Construction and Development, Inc., f/k/a Infinity Construction and Development, Inc., a Colorado corporation; Robert Ormston, as officer of RS Construction and Development, Inc.; Scott Hente, as officer of RS Construction and Development, Inc., Third-Party Defendants-Appellees and Cross-Appellants, and Keller Homes, Inc., a Colorado corporation, Third-Party Defendant-Appellee, and City of Colorado Springs, a Colorado home rule city and municipal corporation, Defendant-Appellee, and William M. Peck; C. Arlene Nance; Darrell H. Oliver, Sr.; William Marchant; Maureen M. Marchant; and William Howell, as Trustee of the Marilyn J. Howell Trust, Defendants-Appellants and Cross-Appellees. Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur

14 -14- Court of Appeals No. 14CA0553 Fremont County District Court No. 14CV17 Honorable Patrick W. Murphy, Judge Timothy Edward Holz, Plaintiff-Appellant, State of Colorado, David M. Thorson, and J. Oliver, Defendants-Appellees. Division II Opinion by JUDGE BERNARD Terry and Dunn, JJ., concur Court of Appeals No. 14CA0918 El Paso County District Court No. 13CR482 Honorable David Gilbert, Judge Kelly D. Hicks, JUDGMENT AND SENTENCE AFFIRMED Division II Opinion by JUDGE BOORAS Dailey and Navarro, JJ., concur

15 -15- Court of Appeals No. 14CA1325 Jefferson County District Court No. 10CR803 Honorable Lily W. Oeffler, Judge David Martinez-Higuera, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE J. JONES Taubman and Harris, JJ., concur Court of Appeals No. 14CA1354 Larimer County District Court No. 08CR665 Honorable Stephen E. Howard, Judge Charles Stogsdill, ORDER AFFIRMED Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur

16 -16- Court of Appeals No. 14CA1584 Adams County District Court No. 13CV30259 Honorable C. Scott Crabtree, Judge Roosevelt Holden, Plaintiff-Appellant and Cross-Appellee, Dillon Companies, Inc., d/b/a King Soopers, Defendant-Appellee and Cross-Appellant. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BERGER Webb, J., concurs Fox, J., dissents Court of Appeals No. 14CA1635 Douglas County District Court No. 10CV801 Honorable Paul A. King, Judge Kochevar Enterprises, Inc., and Jean Kochevar, Plaintiffs-Appellants, Chris Haiskey and Cris Haiskey, Defendants-Appellees. Division VI Opinion by JUDGE DUNN Bernard and Terry, JJ., concur

17 -17- Court of Appeals No. 14CA1894 Larimer County District Court No. 13CV30416 Honorable Gregory M. Lammons, Judge Donald R. Duran and Cynthia J. Duran, Plaintiffs-Appellants, Jason Cobb, Jodi Cobb, and Tom Wickman, Defendants-Appellees. JUDGMENT AND ORDER AFFIRMED Division III Opinion by JUDGE FOX Webb and Berger, JJ., concur Court of Appeals No. 14CA1979 City and County of Denver District Court No. 13CV30046 Honorable Karen L. Brody, Judge Daren Ciempa and Bryan O Neill, Plaintiffs-Appellants, Civil Service Commission of the City and County of Denver; and City and County of Denver, a municipal corporation, Defendants-Appellees. Division VII Opinion by JUDGE STERNBERG* Miller and Ashby, JJ., concur

18 -18- Court of Appeals No. 14CA2021 La Plata County District Court No. 13DR14 Honorable Jeffrey Raymond Wilson, Judge In re the Parental Responsibilities Concerning M.R.Z., a Child, and Concerning Becky Ann Joosten, Appellee, and Travis Zufelt, Appellant. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Booras and Navarro, JJ., concur Court of Appeals No. 14CA2030 Adams County District Court No. 13CR1498 Honorable Robert W. Kiesnowski, Judge Dustin Lee James, Division VII Opinion by JUDGE ASHBY Miller and Sternberg*, JJ., concur

19 -19- Court of Appeals No. 14CA2053 Park County District Court No. 13DR30027 Honorable Stephen A. Groome, Judge In re the Marriage of James William Aitkenhead, Appellant, and Jennifer Lynne Aitkenhead, n/k/a Jennifer Lynne Ashley, Appellee. AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur

20 -20- Court of Appeals No. 14CA2201 El Paso County District Court No. 02DR4473 Honorable Barbara L. Hughes, Judge In re the Marriage of Joshua Parrish, Appellant, and Caryn Walker, Respondent, and Concerning El Paso County Child Support Enforcement Unit, Intervenor-Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by CHIEF JUDGE LOEB Ney* and Nieto*, JJ., concur

21 -21- Court of Appeals No. 14CA2209 Arapahoe County District Court No. 14CV147 Honorable J. Mark Hannen, Judge David Jackson, Plaintiff-Appellant, The Honorable Carlos A. Samour Jr., in his official capacity as Chief Judge of the 18th Judicial District Court, and Tammy L. Herivel, in her official capacity as Clerk of Court, Arapahoe County, the 18th Judicial District Court, Defendants-Appellees. Division IV Opinion by JUDGE ROMÁN Graham and Freyre, JJ., concur Court of Appeals No. 14CA2233 Adams County District Court No. 12CR910 Honorable John E. Popovich, Judge Sharrieckia Trinnette Page, ORDER AFFIRMED Division VII Opinion by JUDGE ASHBY Lichtenstein and Miller, JJ., concur

22 -22- Court of Appeals No. 14CA2267 City and County of Denver District Court No. 13CV33139 Honorable John W. Madden, IV, Judge Comcast MO Group, Inc., Plaintiff-Appellant, Qwest Communications International, Inc., Defendant-Appellee. Division II Opinion by JUDGE BOORAS Dailey and Navarro, JJ., concur Court of Appeals No. 14CA2280 Jefferson County District Court No. 13DR30687 Honorable Jeffrey R. Pilkington, Judge In re the Marriage of Roger Williams, Appellant, and Kelly Williams, Appellee. Division I Opinion by JUDGE NEY* Loeb, C.J., and Nieto*, J., concur

23 -23- Court of Appeals No. 14CA2342 Arapahoe County District Court No. 10DR2127 Honorable Theresa M. Slade, Judge In re the Marriage of Liliane Hamer, Appellant, and Anthony M.G. Hamer, Appellee. ORDER AFFIRMED Division I Opinion by JUDGE NIETO* Loeb, C.J., and Ney*, J., concur Court of Appeals No. 15CA0026 Adams County District Court No. 14CV126 Honorable Mark D. Warner, Judge Francis Joseph Teague, Plaintiff-Appellant, State of Colorado, ex rel. Dave Young, or his successor District Attorney for Adams County, Colorado, Defendant-Appellee. Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur

24 -24- Court of Appeals No. 15CA0069 El Paso County District Court No. 13CV30678 Honorable Larry E. Schwartz, Judge Johnny Reyes, Plaintiff-Appellant, Rick Raemisch, Executive Director of the Colorado Department of Corrections and Brandon Shaffer, Chairman of the Parole Board, Defendants-Appellees. ORDER AFFIRMED Division II Opinion by JUDGE DAILEY Booras and Navarro, JJ., concur Court of Appeals No. 15CA0151 Pueblo County District Court No. 14CV61 Honorable Victor I. Reyes, Judge Joshua Lamont Sutton, Plaintiff-Appellant, Lori Allen and Remax Associates, Defendants-Appellees. AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Booras and Navarro, JJ., concur

25 -25- Court of Appeals No. 15CA1340 Conejos County District Court No. 13JV30 Honorable Amanda K. Pearson, Judge Petitioner-Appellee, In the Interest of A.S.L., a Child, and Concerning N.L., Respondent-Appellant. Division IV Opinion by JUDGE GRAHAM Román and Freyre, JJ., concur Court of Appeals No. 15CA1356 Park County District Court No. 12JV2 Honorable Stephen A. Groome, Judge Petitioner-Appellee, In the Interest of L.A.L., H.J.G., and E.G.G., Children, and Concerning S.Q.G., Respondent-Appellant. Division VI Opinion by JUDGE BERNARD Terry and Dunn, JJ., concur

26 -26- Court of Appeals No. 15CA1437 City and County of Denver Juvenile Court No. 15JV255 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of S.R.M-T, a Child, and Concerning C.A.T., Respondent-Appellant. ORDER AFFIRMED Division IV Opinion by JUDGE ROMÁN Graham and Freyre, JJ., concur Court of Appeals No. 15CA1471 El Paso County District Court, No. 13JV1417 Honorable Timothy J. Schutz, Judge Petitioner-Appellee, In the Interest of J.J., J.J., and A.J., Jr., Children, and Concerning A.J., Sr., Respondent-Appellant. Division IV Opinion by JUDGE FREYRE Graham and Román, JJ., concur

27 -27- Court of Appeals No. 15CA1530 Mesa County District Court No. 14JV201 Honorable David R. Lass, Judge Petitioner-Appellee, In the Interest of K.R.F., a/k/a K.S.R-F., a Child, and Concerning M.R., Respondent-Appellant. Division VI Opinion by JUDGE DUNN Bernard and Terry, JJ., concur Court of Appeals No. 15CA1618 Industrial Claim Appeals Office of the State of Colorado DD No Denise R. Johansen, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Pinnacle Health Facilities XVI, LP, Respondents. ORDER AFFIRMED Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur

28 -28- Court of Appeals No. 12CA2342 P E T I T I O N S F O R R E H E A R I N G Richard Arthur Baca, Petition for Rehearing DENIED Court of Appeals No. 13CA0294 Davin Burke-Reinhart, Petition for Rehearing DENIED

29 -29- Court of Appeals No. 14CA0941 Eric Julio Martinez, Petition for Rehearing DENIED Court of Appeals No. 14CA1477 Vail Gateway Plaza Condominium Association, Inc., a Colorado non-profit corporation, Plaintiff-Appellant, TNG Holding, LLC, a Colorado limited liability company; and Arthrex, Inc., a Delaware corporation, Defendants-Appellees. Petition for Rehearing DENIED

30 -30- Court of Appeals No. 14CA2353 Ashley Nicole Bradford, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 15CA0820 Petitioner-Appellee, In the Interest of K.B., a Child, and Concerning S.B., Respondent-Appellant. Petition for Rehearing DENIED

31 -31- M O D I F I E D O P I N I O N S 2015COA167M Court of Appeals Nos. 14CA0063 & 14CA0797 City and County of Denver District Court No. 10CV6699 Honorable Herbert L. Stern, III, Judge Tad S. Rogers, Plaintiff-Appellee and Cross-Appellant, Forest City Stapleton, Inc., and FC Stapleton II, LLC, Defendants-Appellants and Cross-Appellees. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ASHBY Furman, J., concurs in part and dissents in part Booras, J., concurs in part and dissents in part Prior Opinion in 14CA0797 Announced November 19, 2015, WITHDRAWN Opinion Modified On the Court s Own Motion

32 COA170M Court of Appeals Nos. 14CA0901 & 14CA1511 City and County of Denver District Court No. 12CV5391 Honorable Catherine A. Lemon, Judge Honorable Shelley I. Gilman, Judge Honorable J. Eric Elliff, Judge Charlene Dickinson, Plaintiff-Appellant and Cross-Appellee, Lincoln Building Corporation, a foreign corporation and Wells Fargo Bank NA, a foreign corporation, Cross-Appellants, and G4S Secure Solutions (USA) Inc., a foreign corporation, Defendant-Appellee. JUDGMENTS AND ORDERS AFFIRMED Division III Opinion by JUDGE FOX Webb and Berger, JJ., concur Prior Opinion in 14CA1511 Announced November 19, 2015, WITHDRAWN Opinion Modified On the Court s Own Motion *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S