-1- ANNOUNCEMENTS Colorado Court of Appeals March 27, 2014

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1 -1- COLORADO COURT OF APPEALS MARCH 27, 2014 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. 10CA1793 Mesa County District Court No. 09CR1144 Honorable Brian J. Flynn, Judge Ronald K. Firm, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE TERRY Dailey and Miller, JJ., concur

2 -2- Court of Appeals No. 10CA1989 Arapahoe County District Court No. 04CR3080 Honorable Michael J. Spear, Judge Honorable Valeria N. Spencer, Judge Steven Matthew Cook, JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Richman and Ashby, JJ., concur Court of Appeals No. 11CA1806 Weld County District Court No. 09CR2187 Honorable Julie C. Hoskins, Judge Gregory Lynn Trammell, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE TERRY Dailey and Miller, JJ., concur

3 -3- Court of Appeals No. 11CA1954 Jefferson County District Court No. 10CR2727 Honorable R. Brooke Jackson, Judge Dallas Cardenas, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE BERNARD Graham, J., concurs Berger, J., specially concurs Court of Appeals No. 12CA0784 Phillips County District Court No. 11CR9 Honorable Charles M. Hobbs, Judge Gib Dale Becker, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE HAWTHORNE Lichtenstein and Gabriel, JJ., concur

4 -4- Court of Appeals Nos. 12CA2312 & 12CA2316 Jefferson County District Court No. 11CV3207 Honorable Margie L. Enquist, Judge Ryan Ranch Community Association, Inc., John E. Kelley, Kelly D. Kelley, Rick Zimmerman, and Lora Zimmerman, Defendants-Appellants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Ashby, J., concurs Terry, J., dissents Court of Appeals No. 12CA2637 Alamosa County District Court No. 12CV38 Honorable Pattie P. Swift, Judge The Estate of Steven Wayne Bleck, by Joanna Churchill, Personal Representative for Steven Bleck, deceased, Jeffrey A. Martinez, APPEAL DISMISSED Division I Opinion by JUDGE MILLER Taubman and Lichtenstein, JJ., concur

5 -5- Court of Appeals No. 13CA0182 Teller County District Court No. 10CV359 Honorable Edward S. Colt, Judge David Jehly and Peggy Jehly, Plaintiffs-Appellants, Allen Brown, Defendant-Appellee. JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Richman and Ashby, JJ., concur Court of Appeals Nos. 13CA0211 & 13CA0751 Arapahoe County District Court No. 07CV1793 Honorable Charles M. Pratt, Judge Marin Metropolitan District, Appellee, and Colorado Bondshares Tax-Exempt Fund, Intervenor-Appellee, Landmark Towers Association, Inc., a Colorado nonprofit corporation, by EWP- GV, LLC, as Receiver for 7677 East Berry Avenue Associates, LP, its Declarant, Intervenor-Appellant. ORDERS AFFIRMED Division II Opinion by JUDGE RICHMAN Casebolt and Vogt*, 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. 08CA2527 City and County of Denver District Court No. 07CR4923 Honorable Anne M. Mansfield, Judge David Sydney Preston, JUDGMENT AND ORDER AFFIRMED Division VII Opinion by JUDGE NAVARRO J. Jones and Fox, JJ., concur Court of Appeals No. 10CA2014 Jefferson County District Court Nos. 98CR497 & 98CR498 Honorable Jane A. Tidball, Judge William Joe Garcia, ORDERS AFFIRMED Division V Opinion by JUDGE BERGER Graham and Bernard, JJ., concur

7 -7- Court of Appeals No. 11CA0317 City and County of Denver District Court No. 09CV532 Honorable Morris B. Hoffman, Judge Thomas J. Vessels, Personal Representative of the Estate of Mary Walsh Vessels, a/k/a Mary Agnes Vessels, Plaintiff-Appellant, Alva J. Hickerson, a/k/a Al J. Hickerson, Defendant-Appellee. JUDGMENT AFFIRMED Division VI Opinion by JUDGE BERNARD Loeb, C.J., and Lichtenstein, J., concur Court of Appeals No. 11CA0957 Arapahoe County District Court No. 10CR687 Honorable Michael J. Spear, Judge Stephan Franzke, JUDGMENT AFFIRMED Division VII Opinion by JUDGE J. JONES Fox and Navarro, JJ., concur

8 -8- Court of Appeals No. 11CA1483 City and County of Denver District Court No. 10CR782 Honorable Edward D. Bronfin, Judge Jeremy Aaron Sandoval, JUDGMENT AFFIRMED Division VI Opinion by JUDGE LICHTENSTEIN Hawthorne and Gabriel, JJ., concur Court of Appeals No. 11CA2079 El Paso County District Court No. 09CR1846 Honorable Scott A. Sells, Judge Brian Billel White-Alston, ORDER AND SENTENCE AFFIRMED Division III Opinion by JUDGE ROY* Dailey and Gabriel, JJ., concur

9 -9- Court of Appeals No. 11CA2277 Arapahoe County District Court No. 02CR1533 Honorable Elizabeth Beebe Volz, Judge Honorable Gerald J. Rafferty, Judge Haki Muhammad, a/k/a Cory Sandle, JUDGMENT AFFIRMED Division VII Opinion by JUDGE NAVARRO Fox, J., concurs J. Jones, J., specially concurs Court of Appeals No. 12CA0301 Kit Carson County District Court No. 10CR55 Honorable Douglas R. Vannoy, Judge Michael Lawrence Thompson, ORDER AFFIRMED Division III Opinion by JUDGE TERRY Dailey and Miller, JJ., concur

10 -10- Court of Appeals No. 12CA0903 Mesa County District Court No. 10CR523 Honorable Brian J. Flynn, Judge Scott A. Tyrrell JUDGMENTS AND SENTENCES AFFIRMED Division III Opinion by JUDGE DAILEY Terry and Miller, JJ., concur

11 -11- Court of Appeals No. 12CA1727 La Plata County District Court Nos. 10CV19 & 10CV Honorable David L. Dickinson, Judge Rivergate Loft Partners, LLC, a Colorado limited liability company, Plaintiff-Appellant and Cross-Appellee, and Okland Construction Company, Inc., a Utah corporation, Cross-Appellee, Bituminous Casualty Corporation, Defendant-Appellee and Cross-Appellant. JUDGMENT AFFIRMED, ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE WEBB Román and Booras, JJ., concur

12 -12- Court of Appeals No. 12CA1951 City and County of Denver District Court No. 08CR525 Honorable Brian R. Whitney, Judge Gerald Cooper, ORDER AFFIRMED Division VI Opinion by JUDGE HAWTHORNE Lichtenstein and Gabriel, JJ., concur Court of Appeals No. 12CA2237 City and County of Denver District Court No. 11CV4910 Honorable Herbert L. Stern, III, Judge Randy Hoyle, 1967 Inc., d/b/a Bushwackers Saloon, JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN Furman and Dunn, JJ., concur

13 -13- Court of Appeals No. 12CA2360 Jefferson County District Court No. 11CR336 Honorable Christopher C. Zenisek, Judge Saul Guillermo Contreras, ORDERS AFFIRMED Division VI Opinion by JUDGE LICHTENSTEIN Hawthorne and Gabriel, JJ., concur Court of Appeals No. 12CA2445 Jefferson County District Court No. 98CR1019 Honorable Jane A. Tidball, Judge Archie R. Steinhour, ORDER AFFIRMED Division VI Opinion by JUDGE GABRIEL Hawthorne and Lichtenstein, JJ., concur

14 -14- Court of Appeals No. 12CA2568 City and County of Denver District Court No. 06CR7513 Honorable Anne M. Mansfield, Judge Robert Lee Glaser, ORDER AFFIRMED Division VI Opinion by JUDGE GABRIEL Hawthorne and Lichtenstein, JJ., concur Court of Appeals No. 12CA2621 Jefferson County District Court No. 04CR2447 Honorable Christopher C. Zenisek, Judge Robert Loren Turley, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE STERNBERG* Loeb, C.J. and Roy*, JJ., concur

15 -15- Court of Appeals No. 13CA0145 El Paso County District Court No. 00CR1004 Honorable Maria R. Prudek, Judge Michael Charles Field, ORDER AFFIRMED Division III Opinion by JUDGE TERRY Miller and Roy*, JJ., concur Court of Appeals No. 13CA0191 Douglas County District Court No. 10DR1435 Honorable Michael J. Spear, Judge In re the Parental Responsibilities of T.D.L., a Child, and Concerning Steven Smith and Tara J. Loeks, Appellees, and Peggy A. Gallo-Loeks and Roy D. Loeks, Jr., Intervenors-Appellants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DAILEY Terry and Miller, JJ., concur

16 -16- Court of Appeals No. 13CA0505 Boulder County District Court No. 11CV960 Honorable Maria E. Berkenkotter, Judge Dufford & Brown, P.C., Appellant, Ralph Gregory; Intelligent Office System, LLC; and The Intelligent Office, Inc., a/k/a D-Metro, Defendants-Appellees. ORDER AFFIRMED Division IV Opinion by CHIEF JUDGE LOEB Plank* and Márquez*, JJ., concur

17 -17- Court of Appeals No. 13CA0537 Summit County of District Court No. 08DR39 Honorable Mark D. Thompson, Judge In re the Marriage of Neill Curtis Slack, Appellant, and Carol Lynn Kresge, Appellee. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Dunn and Roy*, JJ., concur Court of Appeals No. 13CA0706 El Paso County District Court No. 12CR1960 Honorable Gregory R. Werner, Judge Brian Alexander Edwards, ORDER AFFIRMED Division III Opinion by JUDGE DAILEY Terry and Miller, JJ., concur

18 -18- Court of Appeals No. 13CA0869 El Paso County District Court No. 12CV4527 Honorable David L. Shakes, Judge Martin L. Lager, Plaintiff-Appellant, Amy S. Levi; Jeffrey A. Weston; John B. Ciccolella; Ciccolella & Weston, P.C.; and Ciccolella Family Law, P.C., Defendants-Appellees. ORDERS AFFIRMED Division II Opinion by JUDGE ASHBY Casebolt and Richman, JJ., concur Court of Appeals No. 13CA1002 Mesa County District Court No. 12CV4216 Honorable Valerie J. Robison, Judge Shonda Lawson, Pamela Workman, ORDER AFFIRMED Division IV Opinion by CHIEF JUDGE LOEB Plank* and Márquez*, JJ., concur

19 -19- Court of Appeals No. 13CA1184 El Paso County District Court No. 10DR3640 Honorable William B. Bain, Judge In re the Parental Responsibilities of T.B., a Child, and Concerning Marsha Bow, Appellee, and El Paso County Child Support Enforcement Unit, Intervenor, and Dennis Bow, Appellant. ORDER AFFIRMED Division IV Opinion by CHIEF JUDGE LOEB Plank* and Márquez*, JJ., concur

20 -20- Court of Appeals No. 13CA1255 Arapahoe County District Court No. 08DR2529 Honorable Carlos A. Samour, Jr., Judge In re the Marriage of David Weddle, Appellee, and Prendergast & Associates, P.C., Attorney-Appellee, and Concerning Robin Weddle, Appellant, and David Worstell, Attorney-Appellant. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE RICHMAN Casebolt and Ashby, JJ., concur

21 -21- Court of Appeals No. 13CA1504 El Paso County District Court No. 07DR3983 Honorable David S. Prince, Judge Honorable Marla R. Prudek, Judge Honorable Evelyn H. Sullivan, Magistrate In re the Marriage of John Benjamin Leyba, Appellee, and Chandra Leyba, Appellant. APPEAL DISMISSED IN PART AND ORDER AFFIRMED Division I Opinion by JUDGE DUNN Taubman and Roy*, JJ., concur

22 -22- Court of Appeals No. 13CA1521 Montrose County District Court No. 13JV50 Honorable James W. Schum, Judge Petitioner-Appellee, In the Interest of T.S. and N.S., Children, and Concerning T.Y.S., Respondent-Appellant. JUDGMENT AFFIRMED Division I Opinion by JUDGE FURMAN Taubman and Dunn, JJ., concur Court of Appeals No. 13CA1564 Mesa County District Court No. 12JV214 Honorable Valerie J. Robison, Judge Petitioner-Appellee, In the Interest of C.W., a Child, and Concerning D.G., Respondent-Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE TERRY Dailey and Miller, JJ., concur

23 -23- Court of Appeals No. 13CA1748 Industrial Claim Appeals Office of the State of Colorado WC No Western States Fire Protection/API Group, Inc. and Ace American Insurance Company, Petitioners, Industrial Claim Appeals Office of the State of Colorado and Paul Olsen, Respondents. ORDER AFFIRMED Division II Opinion by JUDGE ASHBY Casebolt and Richman, JJ., concur Court of Appeals No. 13CA1935 Fremont County District Court No. 11JV80 Honorable Stephen A. Groome, Judge Petitioner-Appellee, In the Interest of I.V. and J.L., Children, and Concerning A.V., Respondent-Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE MÁRQUEZ* Loeb, C.J., and Plank*, J., concur

24 -24- Court of Appeals No. 13CA1936 Adams County District Court No. 12JV171 Honorable F. Michael Goodbee, Judge Petitioner-Appellee, In the Interest of J.D., A.H., and S.S., Children, and Concerning A.D., Respondent-Appellant. JUDGMENT AFFIRMED Division V Opinion by JUDGE BERNARD Graham and Berger, JJ., concur Court of Appeals No. 13CA2093 Yuma County District Court No. 12JV11 Honorable Charles M. Hobbs, Judge Petitioner-Appellee, In the Interest of M.L., Jr., a Child, and Concerning T.S., Respondent-Appellant. JUDGMENT AFFIRMED Division V Opinion by JUDGE BERGER Graham and Bernard, JJ., concur

25 -25- Court of Appeals No. 13CA2137 Industrial Claim Appeals Office of the State of Colorado DD No Steven L. Rice, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance, Benefit Payment Control, Respondents. ORDER AFFIRMED Division II Opinion by JUDGE ASHBY Casebolt and Richman, JJ., concur

26 -26- Court of Appeals No. 08CA1738 In re the Marriage of Loretta L. Johnson, Appellee, and David A. Johnson, Appellant. P E T I T I O N S F O R R E H E A R I N G Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 09CA0559 Sean Tindale Collins, Petition for Rehearing DENIED

27 -27- Court of Appeals No. 09CA2409 Edward Peter Conyac, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 12CA0588 Kirk Cornell Hurd, Petition for Rehearing DENIED

28 -28- Court of Appeals No. 12CA1491 Richard Eugene Schmittel, Petition for Rehearing DENIED Court of Appeals No. 12CA2207 Ray W. Hein Family Trust and Ray W. Hein Family Investment Company, Plaintiffs-Appellants, KB Home Colorado, Inc. and Loveland Aspen Knolls, LLC, Defendants-Appellees. Petition for Rehearing DENIED

29 -29- Court of Appeals No. 13CA0090 Debra Seebauer, William F. Chinnock, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 13CA0538 In re the Marriage of Nancy L. Dorsey, Appellant, and John Dorsey, Appellee. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S