-1- ANNOUNCEMENTS Colorado Court of Appeals December 13, 2018

Transcription

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 2018COA170 Court of Appeals No. 14CA0505 Arapahoe County District Court No. 11CR2537 Honorable John L. Wheeler, Judge Omar Ricardo Godinez, JUDGMENT AND SENTENCES AFFIRMED Division VII Opinion by JUDGE BERGER Bernard, J., concurs Freyre, J., concurs in part, specially concurs in part, and dissents in part

2 COA171 Court of Appeals No. 16CA0138 Boulder County District Court No. 14CR1706 Honorable Maria E. Berkenkotter, Judge Derek Michael Rigsby, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Terry and Fox, JJ., concur 2018COA172 Court of Appeals No. 16CA0385 Mesa County District Court No. 15JD140 Honorable Thomas M. Deister, Judge Honorable William T. McNulty, Magistrate Petitioner-Appellee, In the Interest of C.M.D., Juvenile-Appellant. ORDER AFFIRMED Division II Opinion by JUDGE VOGT* Dailey and Lichtenstein, JJ., concur

3 COA173 Court of Appeals Nos. 16CA2024 & 17CA1154 Adams County District Court No. 16CV30739 Honorable F. Michael Goodbee, Judge Louella Maxine Patterson, Plaintiff-Appellant and Cross-Appellee, and Robert A. Lees, Attorney-Appellant and Cross-Appellee, M. Tracy James, Defendant-Appellee and Cross-Appellant. AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE TOW Hawthorne and Bernard, JJ., concur

4 COA174 Court of Appeals No. 17CA0156 Archuleta County District Court No. 15CV10 Honorable Gregory G. Lyman, Judge Bank of New York Mellon, f/k/a Bank of New York, as Trustee, on behalf of the Holders of the Alternative Loan Trust CB Mortgage Pass Through Certificates, Series CB, its Successors and Assigns, Timothy Peterson and Dyan Frances Parker, Defendants-Appellants. Division V Opinion by JUDGE LICHTENSTEIN Román and Furman, JJ., concur 2018COA175 Court of Appeals No. 17CA0280 Arapahoe County District Court No. 05CR1909 Honorable Charles M. Pratt, Judge Christopher Joseph Taylor, ORDER AFFIRMED Division III Opinion by JUDGE WEBB Harris and Welling, JJ., concur

5 COA176 Court of Appeals No. 17CA1484 Arapahoe County District Court No. 16DR30820 Honorable Bonnie McLean, Judge In re the Marriage of Edi L. Hogsett, Appellant, and Marcia E. Neale, Appellee. Division VI Opinion by JUDGE FREYRE Dunn, J., concurs Furman, J., specially concurs 2018COA177 Court of Appeals No. 17CA2038 Pueblo County District Court No. 16JV584 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of A.R., a Child, and Concerning D.R., Respondent-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FURMAN Román and Lichtenstein, JJ., concur

6 COA178 Court of Appeals No. 17CA2126 City and County of Denver Juvenile Court No. 17JV1190 Honorable Laurie A. Clark, Judge Petitioner-Appellee, In the Interest of M.H-K., a Child, and Concerning S.N.K. and M.C.H., Respondents-Appellants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE HARRIS Webb and Welling, JJ., 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 No. 13CA0979 El Paso County District Court No. 12CR313 Honorable Thomas K. Kane, Judge Roberto Monroy-Enriquez, Division II Opinion by JUDGE ASHBY Dailey and Martinez*, JJ., concur Court of Appeals No. 14CA0864 Jefferson County District Court No. 13CR1570 Honorable Christie A. Bachmeyer, Judge Ryan Boyd Hicks, IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Terry and Fox, JJ., concur

8 -8- Court of Appeals No. 15CA0506 El Paso County District Court No. 14CR79 Honorable Thomas K. Kane, Judge Jason Virgil Boe, Division VII Opinion by JUDGE NAVARRO J. Jones and Martinez*, JJ., concur Court of Appeals No. 15CA1268 Jefferson County District Court No. 14CR1567 Honorable Christopher J. Munch, Judge Jason Erik Coach, Division I Opinion by JUDGE TAUBMAN Terry and Fox, JJ., concur

9 -9- Court of Appeals No. 15CA1463 Arapahoe County District Court No. 13CR1015 Honorable Marilyn Leonard Antrim, Judge Jemal Abdelkader Dawed, IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE MILLER* J. Jones and Navarro, JJ., concur Court of Appeals No. 15CA1580 Logan County District Court No. 13CR85 Honorable Douglas R. Vannoy, Judge Bradley David Broswick, Division I Opinion by JUDGE FOX Taubman and Terry, JJ., concur

10 -10- Court of Appeals No. 16CA0556 Jefferson County District Court No. 15CR857 Honorable Lily W. Oeffler, Judge Dennis Lozoya, Division V Opinion by JUDGE LICHTENSTEIN Román and Furman, JJ., concur Court of Appeals No. 16CA0747 Adams County District Court No. 15CR130 Honorable Craig R. Welling, Judge Alex Espinoza, Division II Opinion by JUDGE VOGT* Dailey and Ashby, JJ., concur

11 -11- Court of Appeals No. 16CA1135 Weld County District Court No. 15CR1166 Honorable Marcelo A. Kopcow, Judge Jason Lee Morrow, Division II Opinion by JUDGE DAILEY Ashby and Vogt*, JJ., concur Court of Appeals No. 16CA2088 Lincoln County District Court No. 15CR78 Honorable Jeffrey K. Holmes, Judge Joseph Michael Saks, Jr., Division II Opinion by JUDGE DAILEY Ashby and Kapelke*, JJ., concur

12 -12- Court of Appeals No. 17CA0268 Arapahoe County District Court No. 15JV115 Honorable Theresa M. Slade, Judge Petitioner-Appellee, In the Interest of J.E.M., a Child, and Concerning R.T., a/k/a R.T.-H., Respondent-Appellant. Division VI Opinion by JUDGE FREYRE Furman and Dunn, JJ., concur Court of Appeals No. 17CA0362 Adams County District Court No. 09CR1160 Honorable Craig R. Welling, Judge Jeffrey S. Medina, ORDER AFFIRMED Division IV Opinion by JUDGE HAWTHORNE Bernard and Tow, JJ., concur

13 -13- Court of Appeals No. 17CA0762 Board of Assessment Appeals Nos & Joe B. Neuhoff Family Partnership, Ltd., Petitioner-Appellant, Board of County Commissions of Eagle County, Colorado; and Board of Equalization of Eagle County, Colorado, Respondents-Appellees, and Board of Assessment Appeals, Appellee. ORDERS AFFIRMED Division V Opinion by JUDGE LICHTENSTEIN Román and Furman, JJ., concur

14 -14- Court of Appeals No. 17CA0881 Jefferson County District Court No. 88CR166 Honorable Christie A. Bachmeyer, Judge Samuel Ralph Allen III, ORDER AFFIRMED Division III Opinion by JUDGE HARRIS Webb and Welling, JJ., concur Court of Appeals No. 17CA1008 Jefferson County District Court No. 13CR1616 Honorable Christopher C. Zenisek, Judge David Wilson Lewis, ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE TOW Hawthorne and Nieto*, JJ., concur

15 -15- Court of Appeals No. 17CA1082 Jefferson County District Court No. 09CR2211 Honorable Lily W. Oeffler, Judge Britt Cox, ORDER AFFIRMED Division IV Opinion by JUDGE HAWTHORNE Bernard and Tow, JJ., concur Court of Appeals Nos. 17CA1354 & 17CA1952 Adams County District Court No. 16DR30199 Honorable Tomee Crespin, Judge In re the Marriage of Ruth Harris, Appellant and Cross-Appellee, and Richard F. Lanham, Appellee and Cross-Appellant. IN PART AND REVERSED IN PART, ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Román and Berger, JJ., concur

16 -16- Court of Appeals No. 17CA1467 Eagle County District Court No. 05CR299 Honorable Russell H. Granger, Judge Lidia Marleny Rodriguez, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ASHBY Dailey and Kapelke*, JJ., concur Court of Appeals No. 17CA1481 Douglas County District Court Case No. 17CV30537 Honorable Paul A. King, Judge Stroh Ranch Development, LLC, Petitioner-Appellee, Stroh Ranch Business Circle, Inc., Respondent-Appellant. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FURMAN Dunn and Freyre, JJ., concur

17 -17- Court of Appeals No. 17CA1726 City and County of Denver District Court No. 15CV34153 Honorable Elizabeth A. Starrs, Judge Patrick Ryan, American Family Mutual Insurance Company, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE FOX Taubman and Terry, JJ., concur Court of Appeals Nos. 17CA1760 & 18CA0158 Boulder County District Court No. 10DR7 Honorable Andrew Hartman, Judge In re the Marriage of Tammy E. Leakas, Appellant, and Peter S. Leakas, Appellee. ORDER AFFIRMED Division VI Opinion by JUDGE DUNN Furman and Freyre, JJ., concur

18 -18- Court of Appeals No. 17CA1761 Arapahoe County District Court No. 16CV32487 Honorable Elizabeth Beebe Volz, Judge Wolhurst Adult Community, Inc., Dana Pringle, APPEAL DISMISSED IN PART AND Division III Opinion by JUDGE HARRIS Webb and Welling, JJ., concur Court of Appeals No. 17CA1793 City and County of Denver Juvenile Court No. 16JV9 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of J.A.R. and C.S.R., Children, and Concerning P.S.C., Respondent-Appellant. Division III Opinion by JUDGE HARRIS Webb and Márquez*, JJ., concur

19 -19- Court of Appeals No. 17CA1803 Pitkin County District Court No. 14CV30168 Honorable Denise K. Lynch, Judge Snowmass Mining Company, LLC, an Idaho limited liability company, and Julie Otis Skinner, Third-Party Defendant-Appellee, Mystic Eagle Quarry, LLC, a Colorado limited liability company, and Robert Congdon, a/k/a Robert Cordova, Defendants-Appellants. Division III Opinion by JUDGE HARRIS Webb and Welling, JJ., concur

20 -20- Court of Appeals No. 17CA1823 Jefferson County District Court No. 13JV1086 Honorable Philip McNulty, Judge Petitioner-Appellee, In the Interest of T.P-N., a Child, and Concerning M.D., Respondent-Appellant. Division I Opinion by JUDGE TAUBMAN Terry and Fox, JJ., concur Court of Appeals No. 17CA1830 El Paso County District Court No. 08CR1624 Honorable David S. Prince, Judge Raymond M. Vasquez, ORDERS REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE KAPELKE* Dailey and Ashby, JJ., concur

21 -21- Court of Appeals No. 17CA1971 Board of Assessment Appeals Case Nos & Paul Anthony Lannie and Donna Dean Lannie, Petitioners-Appellants, Board of County Commissioners of Eagle County, Colorado; and Board of Equalization of Eagle County, Colorado, Respondents-Appellees, and Board of Assessment Appeals, Appellee. ORDERS AFFIRMED Division II Opinion by JUDGE VOGT* Dailey and Ashby, JJ., concur

22 -22- Court of Appeals No. 17CA1995 City and County of Denver District Court No. 17CV31303 Honorable Robert L. McGahey, Jr., Judge Laura Haber, Plaintiff-Appellant, Travelers Casualty Insurance Company of America, a Connecticut corporation, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Harris and Welling, JJ., concur Court of Appeals No. 17CA2066 Industrial Claim Appeals Office of the State of Colorado WC No Lori Madden-Grammer, Petitioner, Industrial Claim Appeals Office of the State of Colorado; Poudre Valley Hospital; and Colorado Hospital Association Trust, Respondents. ORDER AFFIRMED Division II Opinion by JUDGE DAILEY Lichtenstein and Vogt*, JJ., concur

23 -23- Court of Appeals No. 17CA2163 Arapahoe County District Court No. 15CV31748 Honorable Elizabeth A. Weishaupl, Judge Southpark Homeowners Association Number 2, City of Englewood, Colorado ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ROMÁN Richman and Berger, JJ., concur Court of Appeals No. 17CA2262 Mesa County District Court No. 16CV30579 Honorable Brian J. Flynn, Judge A and A Quality Appliance, Inc., Plaintiff-Appellant, BBBS Enterprises, LLC, Defendant-Appellee. AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE FOX Taubman and Terry, JJ., concur

24 -24- Court of Appeals No. 17CA2272 Costilla County District Court No. 15JV16 Honorable Pattie P. Swift, Judge Petitioner-Appellee, In the Interest of P.L-R. a Child, and Concerning C.S.R., Respondent-Appellant. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE LICHTENSTEIN Dailey and Ashby, JJ., concur Court of Appeals No. 18CA0035 Adams County District Court No. 17CR1700 Honorable Thomas R. Ensor, Judge John Barajas, Division IV Opinion by JUDGE MÁRQUEZ* Hawthorne and Tow, JJ., concur

25 -25- Court of Appeals No. 18CA0121 Larimer County District Court No. 16CV30362 Honorable Susan Blanco, Judge Loveland Eisenhower Investments LLC, a California limited liability company, City of Loveland, Colorado ORDER REVERSED Division VII Opinion by JUDGE J. JONES Navarro and Márquez*, JJ., concur

26 -26- Court of Appeals No. 18CA0164 Weld County District Court No. 16JV34 Honorable Julie Hoskins, Judge Petitioner-Appellee, In the Interest of S.S., a Child, and Concerning P.S., Respondent-Appellant, and D.S., Intervenor. Division I Opinion by JUDGE TERRY Taubman and Fox, JJ., concur

27 -27- Court of Appeals No. 18CA0418 City and County of Denver District Court No. 17CV33923 Honorable Robert L. McGahey, Jr., Judge Kevin O Connell, Paul Hudgens, Carol Purdy, and Dee Hayes, Plaintiffs-Appellants, City Council of Denver and City and County of Denver, Colorado, Defendants-Appellees. Division II Opinion by JUDGE ASHBY Dailey and Vogt*, JJ., concur Court of Appeals No. 18CA0443 Weld County District Court No. 16JV590 Honorable Elizabeth Strobel, Judge Petitioner-Appellee, In the Interest of C.E., a Child, and Concerning T.F. a/k/a T.W.-F., Respondent-Appellant. Division III Opinion by JUDGE WELLING Webb and Harris, JJ., concur

28 -28- Court of Appeals No. 18CA0941 Adams County District Court No. 16JV326 Honorable Katherine R. Delgado, Judge Petitioner-Appellee, In the Interest of Am.M.T. and Al.M.T., Children, and Concerning E.T., Respondent-Appellant. Division I Opinion by JUDGE FOX Taubman and Terry, JJ., concur Court of Appeals No. 18CA1763 Industrial Claim Appeals Office of the State of Colorado DD No Ayub F. Hirsi, Petitioner, Industrial Claim Appeals Office of the State of Colorado and ESA Management, LLC, Respondents. ORDER AFFIRMED Division V Opinion by JUDGE BERGER Román and Richman, JJ., concur

29 -29- Court of Appeals No. 18CA1841 Pueblo County District Court No. 18MH251 Honorable Jill Mattoon, Judge Petitioner-Appellee, In the Interest of Dustin Camilo Paulek, Respondent-Appellant. ORDER AFFIRMED Division IV Opinion by JUDGE TOW Hawthorne and Nieto*, JJ., concur

30 -30- Court of Appeals No. 15CA1989 P E T I T I O N S F O R R E H E A R I N G Daniel A. Fougner, Petition for Rehearing DENIED Court of Appeals No. 16CA1259 Jasmine Renee Heald, Petition for Rehearing DENIED

31 -31- Court of Appeals No. 17CA0779 Amir S. Bland, Petition for Rehearing DENIED Court of Appeals No. 17CA1009 Kevin R. Herrera, Petition for Rehearing DENIED

32 -32- M O D I F I E D O P I N I O N S Court of Appeals No. 17CA0971 El Paso County District Court No. 16CV477 Honorable William B. Bain, Judge Anthony Lolin Jimenez, Sr., Plaintiff-Appellant, Fourth Judicial District Attorney s Office; El Paso County, Colorado; City of Colorado Springs, Colorado; Teller County, Colorado; and City of Cripple Creek, Colorado, Defendants-Appellees. Division VI Opinion by JUDGE FREYRE Furman and Dunn, JJ., concur 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