-1- ANNOUNCEMENTS Colorado Court of Appeals November 21, 2013

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1 -1- COLORADO COURT OF APPEALS NOVEMBER 21, 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. 10CA2114 Lincoln County District Court No. 05CR73 Honorable P. Douglas Tallman, Judge Plaintiff-Appellant, David Bueno, Defendant-Appellee. Division V Opinion by JUDGE GRAHAM Navarro, J., concurs Richman, J., concurs in part and dissents in part

2 -2- Court of Appeals No. 11CA2381 Adams County District Court No. 10CR2834 Honorable Jill-Ellyn Straus, Judge Ruben Charles Smoots, JUDGMENT AFFIRMED IN PART AND VACATED IN PART Division V Opinion by JUDGE GRAHAM Furman, J., specially concurs Miller, J., concurs in part and dissents in part Court of Appeals No. 12CA0567 City and County of Denver District Court Nos. 10CV9848, 10CV9874 & 11CV3733 Honorable William W. Hood III, Judge Tracey Lawless, Robert Hogan, and Terrilynn Mills, Plaintiffs-Appellants, Standard Insurance Company; Colorado Public Employees Retirement Association; Colorado Public Employees Retirement Association Board of Trustees; and Carole Wright, in her official capacity as Trustee; Maryann Motza, in her official capacity as Trustee; and Rick Larson, in his official capacity as Trustee, Defendants-Appellees. JUDGMENTS AFFIRMED Division III Opinion by JUDGE BOORAS Dailey and Furman, JJ., concur

3 -3- Court of Appeals No. 12CA1302 Adams County District Court No. 11CV1227 Honorable Robert W. Kiesnowski, Judge Todd Creek Village Metropolitan District, Valley Bank & Trust Company, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ROTHENBERG* Dailey and Gabriel, JJ., concur

4 -4- Court of Appeals No. 12CA1628 City and County of Denver District Court No. 11CV2044 Honorable Christina M. Habas, Judge Colorado Mining Association, Plaintiff-Appellant, Christopher E. Urbina, Executive Director of the Department of Public Health and Environment for the State of Colorado; Colorado Department of Public Health and Environment; Colorado Air Quality Control Commission; and Air Pollution Control Division, an agency of the State of Colorado, Defendants-Appellees, and EnCana Oil & Gas (USA); Chesapeake Energy Corporation; Noble Energy, Inc.; Public Service Company of Colorado; Environment Colorado; Environmental Defense Fund; Conservation Colorado; Sierra Club; and Western Resource Advocates, Intervenors-Appellees. JUDGMENT AFFIRMED Division I Opinion by JUDGE ROMÁN Fox, J., specially concurs Taubman, J., dissents

5 -5- Court of Appeals No. 12CA1875 City and County of Denver District Court No. 11CV4480 Honorable Herbert L. Stern, III, Judge Martin Rieger, Plaintiff-Appellant, Wat Buddhawararam of Denver, Inc., Defendant-Appellee. JUDGMENT AFFIRMED Division A Opinion by CHIEF JUDGE LOEB Plank* and Nieto*, JJ., concur Court of Appeals No. 12CA2078 Boulder County District Court No. 12JV85 Honorable Roxanne Bailin, Judge Petitioner-Appellee, In the Interest of S.N., a Child, and Concerning S.N., a/k/a S.S., and M.A.S., Respondent-Appellants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FURMAN Graham and Miller, JJ., concur

6 -6- Court of Appeals No. 13CA0085 Weld County District Court No. 12CV466 Honorable Daniel S. Maus, Judge Matthew V. Barnhart, Plaintiff-Appellant, American Furniture Warehouse Company, Defendant-Appellee. JUDGMENT AFFIRMED Division III Opinion by JUDGE J. JONES Dailey and Román, JJ., concur Court of Appeals No. 13CA1177 City and County of Denver Juvenile Court No. 12JV2576 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of J.J.M., a Child, and Concerning J.D.G.M., Respondent-Appellant. Division VII Opinion by JUDGE NEY* Loeb, C.J., and Márquez*, J., concur

7 -7- U N P U B L I S H E D O P I N I O N S Court of Appeals Nos. 07CA1304 & 08CA0893 Arapahoe County District Court No. 97CR2075 Honorable Charles M. Pratt, Judge Honorable James F. Macrum, Judge Bobby Lee Gilkey, ORDERS AFFIRMED Division IV Opinion by JUDGE BERNARD Webb and Dunn, JJ., concur Court of Appeals No. 09CA1911 Adams County District Court No. 08CR3125 Honorable C. Vincent Phelps, Judge Casey Ramone Miller, JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Terry and Vogt*, JJ., concur

8 -8- Court of Appeals No. 09CA2199 Jefferson County District Court No. 08CR2076 Honorable M. J. Menendez, Judge Honorable Jack W. Berryhill, Judge Geremy Eugene Gonzales, JUDGMENT AFFIRMED Division II Opinion by JUDGE TERRY Casebolt and Vogt*, JJ., concur Court of Appeals No. 10CA2507 El Paso County District Court No. 89CR3639 Honorable David L. Shakes, Judge Bernard Jones, Division II Opinion by JUDGE CASEBOLT Terry and Vogt*, JJ., concur

9 -9- Court of Appeals No. 10CA2608 El Paso County District Court No. 09CR4845 Honorable Thomas L. Kennedy, Judge Quinten Poncho Abeyta, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE TERRY Ney*, J., concurs Márquez*, J., dissents Court of Appeals No. 11CA0221 Arapahoe County District Court No. 08CR2081 Honorable John L. Wheeler, Judge Claudia Jimenez-Cedillo, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE FOX Hawthorne and Booras, JJ., concur

10 -10- Court of Appeals No. 11CA0483 City and County of Denver District Court No. 09CR3518 Honorable Martin F. Egelhoff, Judge James Ledon Moore, JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN Lichtenstein and Miller, JJ., concur Court of Appeals No. 11CA0850 City and County of Denver District Court No. 09CR39 Honorable Edward D. Bronfin, Judge Quinn Guytan, JUDGMENT AFFIRMED Division III Opinion by JUDGE DAILEY Román and J. Jones, JJ., concur

11 -11- Court of Appeals No. 11CA1051 Arapahoe County District Court No. 09CR1616 Honorable Marilyn L. Antrim, Judge Michael Gibson, JUDGMENTS AFFIRMED Division III Opinion by JUDGE DAILEY Román and J. Jones, JJ., concur Court of Appeals No. 11CA2083 El Paso County District Court No. 11CR181 Honorable Robert L. Lowrey, Judge David Eugene Martinez, JUDGMENTS AFFIRMED Division VI Opinion by JUDGE FURMAN Carparelli and Gabriel, JJ., concur

12 -12- Court of Appeals No. 12CA0150 City and County of Denver District Court No. 06CR7162 Honorable Christina M. Habas, Judge People of the State of Colorado, Luis Armand Lares, Division I Opinion by JUDGE KAPELKE* Loeb, C.J., and Roy*, J., concur Court of Appeals No. 12CA0390 Weld County District Court No. 11CR1041 Honorable Julie Hoskins, Judge People of the State of Colorado, Michael Moreno, JUDGMENT AFFIRMED Division I Opinion by JUDGE ROY* Loeb and Kapelke*, JJ., concur

13 -13- Court of Appeals No. 12CA0841 Adams County District Court No. 04CR1202 Honorable F. Michael Goodbee, Judge Jason Ray Pierce Division VII Opinion by JUDGE FOX Hawthorne and Booras, JJ., concur Court of Appeals No. 12CA0923 El Paso County District Court No. 11CV227 Honorable David A. Gilbert, Judge Hazhar A. Sayed, Plaintiff-Appellant, Colorado Department of Corrections, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Terry and Sternberg*, JJ., concur

14 -14- Court of Appeals No. 12CA0974 Mesa County District Court No. 09CR1636 Honorable Thomas M. Deister, Judge Donna Elaine Johnson, JUDGMENT AFFIRMED Division VI Opinion by JUDGE GABRIEL Furman and Rothenberg*, JJ., concur Court of Appeals No. 12CA1318 City and County of Denver District Court No. 97CR3789 Honorable Brian R. Whitney, Judge Christopher M. Mask, Division I Opinion by CHIEF JUDGE LOEB Kapelke* and Roy*, JJ., concur

15 -15- Court of Appeals No. 12CA1382 Arapahoe County District Court No. 04CR395 Honorable Harlan R. Bockman, Judge Leantione Dupree Currie, ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division A Opinion by CHIEF JUDGE LOEB Márquez* and Vogt*, JJ., concur Court of Appeals No. 12CA1689 Boulder County District Court No. 10CR394 Honorable D.D. Mallard, Judge William Joseph Keeley, Division V Opinion by JUDGE RICHMAN Graham and Navarro, JJ., concur

16 -16- Court of Appeals No. 12CA1868 Adams County District Court No. 12DR821 Honorable Peter J. Sapp, Magistrate In re the Marriage of Mallory Erin Buss, Appellee, and Christopher Brian Buss, Appellant. JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur

17 -17- Court of Appeals No. 12CA1878 Jefferson County District Court No. 10CV5154 Honorable Margie L. Enquist, Judge Ramona Martinez, and Stevens Law Offices, Appellee, Mintz Law Firm, LLC, and Eric Krajewski, Esq., Appellants. ORDER REVERSED, ORDERS VACATED, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE MÁRQUEZ* Terry and Ney*, JJ., concur

18 -18- Court of Appeals No. 12CA2216 City and County of Denver District Court No. 09CR4824 Honorable Michael J. Vallejos, Judge Stephanie Leann Stoldt, Division V Opinion by JUDGE NAVARRO Graham and Richman, JJ., concur Court of Appeals No. 12CA2370 Arapahoe County District Court No. 11JD252 Honorable Peter W. Booth, Judge In the Interest of A.H., Juvenile-Appellant. JUDGMENT AFFIRMED Division II Opinion by JUDGE VOGT* Casebolt and Terry, JJ., concur

19 -19- Court of Appeals No. 12CA2473 Pueblo County District Court No. 08DR655 Honorable Larry C. Schwartz, Judge In re the Parental Responsibilities Concerning R.L.R., a Child, and Concerning Prina Lynn Fitzgerald, Appellant, and David William Riecken, Appellee. APPEAL DISMISSED Division II Opinion by JUDGE TERRY Casebolt and Sternberg*, JJ., concur Court of Appeals No. 12CA2591 Industrial Claim Appeals Office of the State of Colorado WC No State Farm Fire and Casualty Company, Terry Johnson, and R. Edeltraud Johnson, Petitioners, Industrial Claim Appeals Office of the State of Colorado and Rigoberto Almanza, Respondents. Division VI Opinion by JUDGE VOGT* Casebolt and Terry, JJ., concur

20 -20- Court of Appeals No. 12CA2612 El Paso County District Court No. 12JV1300 Honorable Thomas L. Kennedy, Judge Petitioner-Appellee, In the Interest of E.R., a Child, and Concerning J.R., Respondent-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FURMAN Graham and Miller, JJ., concur Court of Appeals No. 12CA2645 Industrial Claim Appeals Office of the State of Colorado WC No Home Depot USA, Inc., and American Home Assurance, Petitioners, Industrial Claim Appeals Office of the State of Colorado and Dean Reynal, Respondents. Division IV Opinion by JUDGE BERNARD Webb and Dunn, JJ., concur

21 -21- Court of Appeals No. 13CA0059 Mesa County District Court No. 11JD309 Honorable Thomas M. Diester, Judge Petitioner-Appellee, In the Interest of P.C., Juvenile-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE FOX Hawthorne and Booras, JJ., concur Court of Appeals No. 13CA0080 Industrial Claim Appeals Office of the State of Colorado WC No Mark Orist, Petitioner, Industrial Claim Appeals Office of the State of Colorado; G4S Secure Solutions (USA), Inc.; and New Hampshire Insurance Company, Respondents. Division IV Opinion by JUDGE BERNARD Webb and Dunn, JJ., concur

22 -22- Court of Appeals No. 13CA0111 Jefferson County District Court No. 10CV702 Honorable Dennis J. Hall, Judge Citywide Banks, a Colorado corporation, Plaintiff-Appellant, Evanston Insurance Company, a/k/a Markel Insurance Company, an Illinois corporation, Garnishee, Appellee. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Navarro and Márquez, JJ., concur Court of Appeals No. 13CA0140 Routt County District Court No. 09DR16 Honorable Michael A. O Hara III, Judge In re the Marriage of Holly Boren, f/k/a Holly Day, Appellant, and Kenneth Day, Appellee. JUDGMENT AFFIRMED Division II Opinion by JUDGE STERNBERG Casebolt and Terry, JJ., concur

23 -23- Court of Appeals No. 13CA0873 Industrial Claim Appeals Office of the State of Colorado DD No Jonathan C. Noller, Petitioner, Industrial Claim Appeals Office of the State of Colorado and 3 Rock Liquors, Inc., Respondents. Division VI Opinion by JUDGE FURMAN Carparelli and Gabriel, JJ., concur Court of Appeals No. 13CA0990 City and County of Denver Juvenile Court No. 12JV558 Honorable D. Brett Woods, Judge Petitioner-Appellee, In the Interest of S.M.G., a Child, and Concerning D.R.G., II, Respondent-Appellant. JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Terry and Vogt*, JJ., concur

24 -24- Court of Appeals No. 13CA1045 Adams County District Court No. 10JV479 Honorable F. Michael Goodbee, Judge Petitioner-Appellee, In the Interest of D.C-D., a Child, and Concerning A.C-D., Respondent-Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE ROMÁN Dailey and J. Jones, JJ., concur Court of Appeals No. 13CA1227 Adams County District Court No. 13JV33 Honorable F. Michael Goodbee, Judge Petitioner-Appellee, In the Interest of E.M., a Child, and Concerning A.M.M., Respondent-Appellant. Division III Opinion by JUDGE J. JONES Dailey and Román, JJ., concur

25 -25- Court of Appeals No. 13CA1252 Industrial Claim Appeals Office of the State of Colorado DD No Anastasia M. Vercos, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Academy School District No. 20, Respondents. Division VI Opinion by JUDGE GABRIEL Furman and Sternberg*, JJ., concur Court of Appeals No. 13CA1253 Industrial Claim Appeals Office of the State of Colorado WC No Landee Zanotelli, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Evraz, Inc., d/b/a Rocky Mountain Steel, d/b/a Rockay Mountain Steel, Respondents. Division IV Opinion by JUDGE DUNN Webb and Bernard, JJ., concur

26 -26- Court of Appeals No. 13CA1263 Industrial Claim Appeals Office of the State of Colorado DD No Colorado Alliance for Health Equity and Practice, d/b/a CAHEP, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Rahel T. Senulis, Respondents. Division VI Opinion by JUDGE STERNBERG* Furman and Gabriel, JJ., concur

27 -27- Court of Appeals No. 12CA1113 Bross Group, LLC, P E T I T I O N S F O R R E H E A R I N G Plaintiff-Appellant and Cross-Appellee, Diana Patrick, Defendant-Appellee and Cross-Appellant. Petition for Rehearing DENIED Court of Appeals No. 12CA2026 James M. Robinson, Plaintiff-Appellant, Valerie Estrada, City and County of Denver Probation Officer; Anita Klein, City and County of Denver Probation Officer; Department of Probation Services, City and County of Denver; and Honorable Raymond N. Satter, Denver County Judge, Defendants-Appellees. Petition for Rehearing DENIED

28 -28- Court of Appeals No. 12CA2592 John H. James, Plaintiff-Appellant, Rick Raemisch, Executive Director of the Colorado Department of Corrections; Warden of Centennial Correctional Facility-South Correctional Facility; Susan Jones; Colorado Department of Corrections Librarian Personnel; Cynthia A. Smith; and Andrea Nichols, Defendants-Appellees. Petition for Rehearing DENIED Court of Appeals No. 13CA0573 Iryna Petushchak, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Masters Touch Homes, Respondents. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S