-1- ANNOUNCEMENTS Colorado Court of Appeals September 10, 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 2015COA122 Court of Appeals No. 12CA0574 Mesa County District Court No. 10CR1413 Honorable Thomas M. Deister, Judge Travis Michael Cernazanu, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DAILEY Lichtenstein and Fox, JJ., concur

2 COA123 Court of Appeals No. 12CA2452 Mesa County District Court No. 12CR89 Honorable Richard T. Gurley, Judge Joseph Nelson, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE FOX Dailey and Lichtenstein, JJ., concur 2015COA124 Court of Appeals No. 14CA0273 Boulder County District Court No. 11CV912 Honorable Maria E. Berkenkotter, Judge Forrest Walker, Ford Motor Company, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE TERRY Graham, J., concurs Webb, J., specially concurs

3 COA125 Court of Appeals No. 14CA0458 Adams County District Court No. 13CV31931 Honorable Robert W. Kiesnowski, Judge Patrick Haney, Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its executive director, Barbara J. Brohl, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE BERGER Taubman and Hawthorne, JJ., concur OPINION PREVIOUSLY ANNOUNCED AS NOT PUBLISHED PURSUANT TO C.A.R. 35(f) ON JULY 7, 2015, IS NOW SELECTED FOR PUBLICATION 2015COA126 Court of Appeals No. 14CA1039 Garfield County District Court No. 13CV30027 Honorable Denise K. Lynch, Judge Linda McKinley and William McKinley, Plaintiffs-Appellees, City of Glenwood Springs, Division VI Opinion by JUDGE FURMAN Booras and Ney*, JJ., concur

4 COA127 Court of Appeals No. 14CA1613 City and County of Denver District Court No. 13CV34006 Honorable Karen L. Brody, Judge 1405 Hotel, LLC; th Owner, LLC; Broadmoor Hotel Inc.; Brown Palace Hotel Associates Limited Partnership; Cheyenne Mountain Conference Resort; CHSP Denver LLC; DiamondRock Cherry Creek Tenant LLC; DiamondRock Denver Downtown Tenant LLC; HEP Denver Ltd., d/b/a Magnolia Hotel; Oxford Hotel 2005 Holdings LLC; and Westminster Boulevard Finance, LLC, Plaintiffs-Appellants, Colorado Economic Development Commission, Division of the Office of Economic Development and International Trade, State of Colorado; and City of Aurora, Colorado, Defendants-Appellees. Division I Opinion by JUDGE TAUBMAN Hawthorne and Berger, JJ., concur 2015COA128 Court of Appeals No. 14CA1699 El Paso County District Court No. 13CV30050 Honorable Thomas Kelly Kane, Judge Karen Bedee, Plaintiff-Appellant, American Medical Response of Colorado, Defendant-Appellee. JUDGMENT AFFIRMED Division A Opinion by CHIEF JUDGE LOEB Rothenberg* and Roy*, JJ., concur

5 COA129 Court of Appeals No. 14CA1820 Douglas County District Court No. 13CV30709 Honorable Paul A. King, Judge American Family Mutual Insurance Company, Plaintiff-Appellant, AN/CF Acquisition Corporation d/b/a Go Courtesy Ford, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division A Opinion by CHIEF JUDGE LOEB Rothenberg* and Roy*, 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. 12CA0717 Arapahoe County District Court No. 10CR872 Honorable Gerald J. Rafferty, Judge Honorable Michael J. Spear, Judge Javier Reyes, JUDGMENT REVERSED AND CASE REMANDED WITH INSTRUCTIONS Division IV Opinion by JUDGE TERRY Webb and Graham, JJ., concur Court of Appeals No. 12CA1531 Mesa County District Court No. 08CR645 Honorable Richard T. Gurley, Judge Jose Alfredo Esparza-Treto, JUDGMENT AFFIRMED Division VI Opinion by JUDGE DUNN Terry and Nieto*, JJ., concur

7 -7- Court of Appeals No. 12CA1908 Arapahoe County District Court No. 10CR639 Honorable Valeria N. Spencer, Judge Honorable F. Stephen Collins, Judge Alan David Garcia, JUDGMENT AFFIRMED IN PART, VACATED IN PART, SENTENCE REVERSED, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE KAPELKE* Román and Ashby, JJ., concur Court of Appeals No. 12CA2168 City and County of Denver District Court No. 11CR3816 Honorable John W. Madden IV, Judge Connie L. Liphford, JUDGMENT AFFIRMED Division VI Opinion by JUDGE TERRY Dunn and Nieto*, JJ., concur

8 -8- Court of Appeals No. 12CA2341 Arapahoe County District Court No. 05CR2329 Honorable Carlos A. Samour, Jr., Judge Troy Allen Hendrickson, ORDER AND SENTENCE AFFIRMED Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur Court of Appeals No. 13CA1174 El Paso County District Court No. 12CR2344 Honorable David L. Shakes, Judge Shane Erik Garrett, JUDGMENT AND SENTENCE AFFIRMED Division I Opinion by JUDGE TAUBMAN Hawthorne and Berger, JJ., concur

9 -9- Court of Appeals No. 13CA1909 Adams County District Court No. 11CR3331 Honorable Chris Melonakis, Judge Anthony Colman, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FURMAN Hawthorne and Richman, JJ., concur Court of Appeals No. 13CA1911 Arapahoe County District Court No. 11CR261 Honorable Kurt A. Horton, Judge Donnell Dion Littleton, JUDGMENT AND SENTENCE AFFIRMED Division V Opinion by JUDGE FURMAN Hawthorne and Richman, JJ., concur

10 -10- Court of Appeals No. 13CA1944 Adams County District Court No. 11CV765 Honorable Robert W. Kiesnowski, Judge Guillermo Barriga and Evelia Barriga, Plaintiff-Appellees and Cross-Appellants, American Family Mutual Insurance Company, Defendant-Appellant and Cross-Appellee. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE MILLER Román and Dunn, JJ., concur Court of Appeals No. 14CA0093 City and County of Denver District Court No. 11DR236 Honorable Sheila Ann Rappaport, Judge In re the Marriage of Nina H. Kazazian, Appellant, and Michael J. Stackpool, Appellee. AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE BOORAS Furman and Ashby, JJ., concur

11 -11- Court of Appeals No. 14CA0114 Larimer County District Court No. 08CR1703 Honorable Thomas R. French, Judge Adrian A. Rodarte, Division I Opinion by JUDGE TAUBMAN J. Jones and Harris, JJ., concur Court of Appeals No. 14CA0465 Arapahoe County District Court No. 13CV1028 Honorable Marilyn Leonard Antrim, Judge Riddick Jones Amoako Asiamah, Plaintiff-Appellant, 24 Hour Fitness, LLC, Defendant-Appellee. JUDGMENT AFFIRMED Division IV Opinion by JUDGE GRAHAM Román and Plank*, JJ., concur

12 -12- Court of Appeals No. 14CA0639 Boulder County District Court No. 11DR1448 Honorable Judith L. LaBuda, Judge In re the Marriage of Mark D. Moller, Appellant, and Carol L. Moller, Appellee. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE TERRY Dunn and Nieto*, JJ., concur

13 -13- Court of Appeals No. 14CA0933 Douglas County District Court No. 13PR82 Honorable Vincent R. White, Judge In the Interest of Trygve Lode, Protected Person, and Darlene A. Cypser, Petitioner-Appellant Jane Lode, co-guardian for Trygve Lode, Protected Person, and Isak Lode, coguardian for Trygve Lode, Protected Person, Appellees. Division V Opinion by JUDGE MILLER Román and Dunn, JJ., concur

14 -14- Court of Appeals No. 14CA1010 City and County of Denver District Court No. 99CR2960 Honorable Martin F. Egelhoff, Judge Reynaldo Luna Flores, Division VI Opinion by JUDGE DUNN Terry and Nieto*, JJ., concur Court of Appeals No. 14CA1342 El Paso County District Court No. 06DR65 Honorable Gilbert A. Martinez, Judge In re the Marriage of Sylvia Dean, f/k/a Sylvia Cook, Appellant, and Andre L. Cook, Appellee. Division III Opinion by JUDGE WEBB Fox and Vogt*, JJ., concur

15 -15- Court of Appeals No. 14CA1404 Weld County District Court No. 07CR464 Honorable Shannon D. Lyons, Judge Marco Meza-Munoz, Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur Court of Appeals No. 14CA1627 City and County of Denver District Court No. 12CV138 Honorable Kenneth M. Laff, Judge Debra Seebauer, William F. Chinnock, Defendant-Appellee. AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Hawthorne and Furman, JJ., concur

16 -16- Court of Appeals No. 14CA1718 Adams County District Court No. 13CR1340 Honorable John E. Popovich, Judge Chad David Kelly, Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur Court of Appeals No. 14CA1809 El Paso County District Court No. 07CR2671 Honorable David A. Gilbert, Judge Pedro Perea, Division I Opinion by JUDGE J. JONES Taubman and Harris, JJ., concur

17 -17- Court of Appeals No. 14CA2000 Douglas County District Court No. 14DR555 Honorable Natalie T. Chase, Judge In re the Marriage of Judith C. Chamberlain, Appellee, and Stephen D. Chamberlain, Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE FOX Webb and Vogt, JJ., concur Court of Appeals No. 14CA2385 Arapahoe County District Court No. 03CR2494 Honorable Marilyn L. Antrim, Judge Robert William Falls, Division IV Opinion by JUDGE GRAHAM Román and Plank*, JJ., concur

18 -18- Court of Appeals No. 14CA2470 Industrial Claim Appeals Office of the State of Colorado DD No Leland & Michael Health Services, LLC, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Deborah K. Kirkland, Respondents. Division II Opinion by CHIEF JUDGE LOEB Plank* and Rothenberg*, JJ., concur Court of Appeals No. 15CA0015 Fremont County District Court No. 14DR100 Honorable Stephen A. Groome, Judge In re the Parental Responsibilities of L.H-A, a Child, and Concerning Ryan David Hafner, Appellee, and Rachele D. Lee, Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE VOGT* Webb and Fox, JJ., concur

19 -19- Court of Appeals No. 15CA0403 Industrial Claim Appeals Office of the State of Colorado DD No Brian S. Noel, Petitioner, Industrial Claim Appeals Office of the State of Colorado and WHC Payroll Company, Respondents. Division IV Opinion by JUDGE GRAHAM Román and Sternberg*, JJ., concur Court of Appeals No. 15CA0497 Industrial Claim Appeals Office of the State of Colorado DD No American Sealants, Inc., Petitioner, Industrial Claim Appeals Office of the State of Colorado and Howard L. Prince, Respondents. Division II Opinion by JUDGE PLANK* Loeb, C.J., and Rothenberg*, J., concur

20 -20- Court of Appeals No. 15CA0779 Industrial Claim Appeals Office of the State of Colorado DD No Suzette C. Petersen, Petitioner-Appellant, Industrial Claim Appeals Office of the State of Colorado and Jeppesen Sanderson Inc., Respondents-Appellees. Division VII Opinion by JUDGE LICHTENSTEIN Miller and Ashby, JJ., concur Court of Appeals No. 15CA0799 City and County of Denver Juvenile Court No. 14JV516 Honorable Laurie A. Clark, Judge Petitioner-Appellee, In the Interest of T.L.D. and K.R.R.D., Children, and Concerning T.B. and J.D., Respondent-Appellants. JUDGMENT AFFIRMED Division VI Opinion by JUDGE TERRY Dunn and Rothenberg*, JJ., concur

21 -21- Court of Appeals No. 15CA0816 Mesa County District Court No. 13JV299 Honorable Thomas W. Ossola, Judge Petitioner-Appellee, In the Interest of M.H-S., A.H-S., and R.H-S., Children, and Concerning L.S., Respondent-Appellant, and A.H., Respondent-Appellant. JUDGMENT AFFIRMED Division VI Opinion by JUDGE DUNN Terry and Rothenberg*, JJ., concur

22 -22- Court of Appeals No. 15CA0839 Industrial Claim Appeals Office of the State of Colorado DD No George F. Maestas, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Public Service Company of Colorado, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ROTHENBERG* Loeb, C.J., and Plank*, J., concur Court of Appeals No. 15CA0927 Adams County District Court No. 14JV72 Honorable Edward C. Moss, Judge Petitioner-Appellee, In the Interest of D.J.M., Jr., and D.J.M., Children, and Concerning D.M., Respondent-Appellant. JUDGMENT AFFIRMED Division VII Opinion by JUDGE MILLER Lichtenstein and Ashby, JJ., concur

23 -23- Court of Appeals No. 15CA0944 El Paso County District Court No. 13JV1521 Honorable Tim J. Schutz, Judge Petitioner-Appellee, In the Interest of H.H. and A.M., Children, and Concerning J.H., Respondent-Appellant. JUDGMENT AFFIRMED Division VII Opinion by JUDGE ASHBY Lichtenstein and Miller, JJ., concur Court of Appeals No. 15CA1011 Industrial Claim Appeals Office of the State of Colorado DD No Starrlite R. Walker, Petitioner, Industrial Claim Appeals Office of the State of Colorado and CSAA Insurance Exchange, Respondents. Division IV Opinion by JUDGE ROMÁN Graham and Sternberg*, JJ., concur

24 -24- Court of Appeals No. 15CA1018 Industrial Claim Appeals Office of the State of Colorado DD No Sergio C. Chaparro Castillo, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Xclusive Staffing, Inc., Respondents. Division IV Opinion by JUDGE STERNBERG* Graham and Román, JJ., concur Court of Appeals No. 15CA1025 Pueblo County District Court No. 15MH158 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of Andrew Bryant Souser, Respondent-Appellant. Division V Opinion by JUDGE MILLER Román and Dunn, JJ., concur

25 COA96M Court of Appeals No. 13CA1561 P E T I T I O N S F O R R E H E A R I N G Jennifer Ackerman, David Scheuermann, Forrest Hudspeth, and Adam Kinnard, Plaintiffs-Appellees, City and County of Denver, Colorado, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 14CA0155 Bernice Ruybal, Plaintiff-Appellant, American Family Mutual Insurance Company, Defendant-Appellee. Petition for Rehearing DENIED

26 -26- Court of Appeals No. 14CA0873 Michael Christopher Lopez, Petition for Rehearing DENIED Court of Appeals No. 14CA1595 Laina Tolson, Plaintiff-Appellant, Colorado Department of Human Services, Defendant-Appellee. Petition for Rehearing DENIED

27 -27- Court of Appeals No. 14CA1620 James William DeHaven, Plaintiff-Appellant, Law Firm of Peter B. Albani and Robert Grossman, Defendants-Appellees. Petition for Rehearing DENIED Court of Appeals No. 14CA1804 In re the Marriage of Timothy M. Orloff, Appellee, and Mary J. Orloff, Appellant. Petition for Rehearing DENIED

28 -28- Court of Appeals No. 14CA1943 Patrick Santiago Sanchez, Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S