-1- ANNOUNCEMENTS Colorado Court of Appeals March 22, 2018

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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 2018COA37 Court of Appeals No. 15CA0654 City and County of Denver District Court No. 14CR1513 Honorable Edward D. Bronfin, Judge Timothy Wakefield, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE TERRY Harris, J., concurs Bernard, J., concurs in part and dissents in part

2 COA38 Court of Appeals No. 16CA0215 Arapahoe County District Court No. 15CR202 Honorable Donald W. Marshall, Judge Danielle Palmer, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE WELLING Román, J., concurs Dunn, J., specially concurs

3 COA39 Court of Appeals No. 16CA1269 City and County of Denver District Court No. 15CV30883 Honorable Ross B.H. Buchanan, Judge Colorado Medical Board, Petitioner-Appellee, James Boland, MD, Respondent-Appellant. Division I Opinion by JUDGE RICHMAN Furman, J., concurs Taubman, J., dissents Prior Opinion Announced January 18, 2018, WITHDRAWN OPINION PREVIOUSLY ANNOUNCED AS NOT PUBLISHED PURSUANT TO C.A.R. 35(e) ON January 18, 2018, IS NOW DESIGNATED FOR PUBLICATION

4 COA40 Court of Appeals No. 17CA0051 City and County of Denver District Court No. 14CV34759 Honorable John W. Madden, IV, Judge Maralex Resources, Inc., a Colorado corporation; A.M. O Hare; and Mary C. O Hare, Plaintiffs-Appellants, Colorado Oil and Gas Conservation Commission, Defendant-Appellee. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Booras and Casebolt*, JJ., concur 2018COA41 Court of Appeals No. 17CA0073 City and County of Denver District Court No. 16CV33460 Honorable Jay S. Grant, Judge Colorado Medical Board, Petitioner-Appellee, Scott Storm McLaughlin, M.D., Respondent-Appellant. JUDGMENT REVERSED Division I Opinion by JUDGE TAUBMAN Harris, J., concurs Booras, J., dissents

5 COA42 Court of Appeals No. 17CA0212 Arapahoe County District Court No. 15CV31946 Honorable Charles M. Pratt, Judge CAW Equities, L.L.C., a Colorado limited liability company, Plaintiff-Appellant, City of Greenwood Village, Colorado, a home rule municipality, Defendant-Appellee. Division VII Opinion by JUDGE FREYRE Bernard and Berger, JJ., concur 2018COA43 Court of Appeals No. 17CA0235 City and County of Denver District Court No. 15CV31660 Honorable J. Eric Elliff, Judge Choice Johnson, Plaintiff-Appellant, Civil Service Commission of the City and County of Denver; and the City and County of Denver, Colorado, Defendants-Appellees. Division VII Opinion by JUDGE FREYRE Bernard and Berger, JJ., concur

6 COA44 Court of Appeals No. 17CA0407 City and County of Denver District Court No. 15CV34174 Honorable Catherine Lemon, Judge Honorable Edward D. Bronfin, Judge Richard G. Minshall and Vicky L. Minshall, Plaintiffs-Appellees, David K. Johnston, ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER Bernard and Vogt*, JJ., concur

7 COA45 Court of Appeals No. 17CA0652 Pueblo County District Court No. 16JV42 Honorable Deborah R. Eyler, Judge Petitioner-Appellee, In the Interest of B.C., a Child, and Concerning L.T., Respondent-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE RICHMAN Taubman, J., concurs Furman, J., specially concurs OPINION PREVIOUSLY ANNOUNCED AS NOT PUBLISHED PURSUANT TO C.A.R. 35(e) ON December 21, 2017, IS NOW MODIFIED AND DESIGNATED FOR PUBLICATION

8 -8- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 14CA1386 Arapahoe County District Court No. 11CR2102 Honorable Elizabeth B. Volz, Judge Kevin Leonard Floyd, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE HAWTHORNE J. Jones and Richman, JJ., concur Court of Appeals No. 14CA1748 Arapahoe County District Court No. 13CR1617 Honorable Elizabeth A. Weishaupl, Judge Nathan Chris Pasquale, IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE DUNN Román and Welling, JJ., concur

9 -9- Court of Appeals No. 14CA1842 Jefferson County District Court No. 13CR2638 Honorable Christopher J. Munch, Judge Isaiah Joseph Lucero, Division IV Opinion by JUDGE J. JONES Hawthorne and Richman, JJ., concur Court of Appeals No. 14CA2416 City and County of Denver District Court No. 13CR5697 Honorable J. Eric Elliff, Judge Jose A. Carrillo-Rodriguez, Division IV Opinion by JUDGE J. JONES Hawthorne and Richman, JJ., concur

10 -10- Court of Appeals No. 15CA0629 Jefferson County District Court No. 14CR1425 Honorable Ann Gail Meinster, Judge Nevik Dean Howard, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE WEBB Terry and Tow, JJ., concur Court of Appeals No. 15CA1262 Adams County District Court No. 14CR1034 Honorable Jill-Ellyn Straus, Judge Andrez Nunez, Division VI Opinion by JUDGE CARPARELLI* Casebolt*, J., concurs Terry, J., dissents

11 -11- Court of Appeals No. 15CA1269 Jefferson County District Court No. 14CR677 Honorable Todd L. Vriesman, Judge Richard Henry Threlkeld, Division V Opinion by JUDGE WELLING Román and Dunn, JJ., concur Court of Appeals No. 15CA1775 Jefferson County District Court No. 14JD447 Honorable Ann Gail Meinster, Judge Petitioner-Appellee, In the Interest of L.J.K., Juvenile-Appellant. Division IV Opinion by JUDGE RICHMAN Hawthorne and J. Jones, JJ., concur

12 -12- Court of Appeals No. 15CA2073 Arapahoe County District Court No. 14JD440 Honorable Timothy L. Fasing, Judge Petitioner-Appellee, In the Interest of K.M.H., Juvenile-Appellant. Division VI Opinion by JUDGE FURMAN Fox and Ashby, JJ., concur Court of Appeals No. 16CA0366 Jefferson County District Court No. 10CR406 Honorable Philip J. McNulty, Judge Daryll Glenn Brown, ORDER AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE BOORAS Taubman and Casebolt*, JJ., concur

13 -13- Court of Appeals No. 16CA0844 Routt County District Court No. 90CR83 Honorable Michael A. O Hara III, Judge Robert McMullen, ORDER AFFIRMED Division I Opinion by JUDGE BOORAS Taubman and Harris, JJ., concur Court of Appeals No. 16CA1211 El Paso County District Court No. 14CR553 Honorable Linda M. Billings-Vela, Judge Graylon Thomas, Division VI Opinion by JUDGE ASHBY Furman and Fox, JJ., concur

14 -14- Court of Appeals No. 16CA1215 El Paso County District Court No. 15CV30197 Honorable Michael P. McHenry, Judge Scott Simmons, Plaintiff-Appellant and Cross-Appellee, LWP Properties, LLC, a Colorado limited liability company, Defendant-Appellee and Cross-Appellant. Division III Opinion by JUDGE WEBB Terry and Rothenberg*, JJ., concur Court of Appeals No. 16CA1868 Jefferson County District Court No. 15DR30914 Honorable Laura A. Tighe, Judge In re the Marriage of Richard Frank Kent, Appellant, and Jill Susan Kent, Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FOX Furman and Ashby, JJ., concur

15 -15- Court of Appeals No. 16CA1906 Larimer County District Court No. 13CR1854 Honorable Julie K. Field, Judge LeRoy Arlen Wallace, ORDER AFFIRMED Division III Opinion by JUDGE TOW Webb and Terry, JJ., concur Court of Appeals No. 16CA1945 Larimer County District Court No. 10CR329 Honorable Devin R. O Dell, Judge Ivan Palacios-Miranda, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE TERRY Webb and Tow, JJ., concur

16 -16- Court of Appeals No. 16CA1990 El Paso County District Court No. 15CR3226 Honorable Scott A. Sells, Judge Jason Vernier, Division III Opinion by JUDGE WEBB Terry and Tow, JJ., concur Court of Appeals No. 16CA2071 City and County of Denver District Court No. 15CV33746 Honorable John W. Madden, IV, Judge Crispin Paniagua Salas, Concept Companies, LLC, a/k/a Concept Companies Ltd. Liability Co., a Colorado limited liability company, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE FREYRE Bernard, J., concurs Berger, J., specially concurs

17 -17- Court of Appeals No. 16CA2166 City and County of Denver District Court No. 15CV743 Honorable Shelley I. Gilman, Judge TBF Financial, LLC, Catherine Chan, P.C., and Catherine Chan, Defendants-Appellants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ASHBY Furman and Fox, JJ., concur

18 -18- Court of Appeals No. 17CA0013 Colorado State Personnel Board No. 16G001 Michelle Muller, Complainant-Appellant, Department of Corrections, Colorado Board of Parole, Respondent-Appellee, and Colorado State Personnel Board, Appellee. ORDER AFFIRMED Division IV Opinion by JUDGE HAWTHORNE J. Jones and Davidson*, JJ., concur

19 -19- Court of Appeals No. 17CA0113 City and County of Denver District Court No. 16CV461 Honorable Michael J. Vallejos, Judge Bobby R. Hayes, Plaintiff-Appellant, Robin Feffer, Defendant-Appellee. Division III Opinion by JUDGE WEBB Terry and Tow, JJ., concur Court of Appeals No. 17CA0162 City and County of Denver District Court Nos. 15CV709 & 15CV31046 Honorable John W. Madden IV, Judge Natalie Bendinelli, Plaintiff-Appellant, Metropolitan Property and Casualty Insurance Company and Brittany Bendinelli, Defendants-Appellees. JUDGMENT AND ORDER AFFIRMED Division VII Opinion by JUDGE BERGER Bernard and Freyre, JJ., concur

20 -20- Court of Appeals No. 17CA0293 Fremont County District Court Nos. 15CR452 & 16CV107 Honorable Ramsey Lama, Judge Honorable Stephen A. Groome, Judge Plaintiff, Logan Lawson, Defendant, and Concerning Jonah Wexler, Defendant-Appellant, and Honorable Ramsey Lama, Appellee. JUDGMENT AND SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Terry and Tow, JJ., concur

21 -21- Court of Appeals No. 17CA0305 City and County of Denver District Court No. 15CV33511 Honorable Shelley I. Gilman, Judge Ludmila Mila Dosien, Ronald Dorsey, D.D.S., Division V Opinion by JUDGE DUNN Román and Welling, JJ., concur Court of Appeals No. 17CA0515 El Paso County District Court No. 12DR152 Honorable Scott A. Sells, Judge In re the Marriage of Meredith J. Ortiz, Appellant, and Ariel Ortiz, Jr., Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE WELLING Román and Dunn, JJ., concur

22 -22- Court of Appeals No. 17CA0616 City and County of Denver District Court No. 15CV31732 Honorable Michael J. Vallejos, Judge COEX, LLC, a Colorado limited liability company, Plaintiff-Appellant, David A. Stefanich; and Dave Stefanich, Inc., a/k/a Colorado Excavating, a/k/a ALL Demolition Excavating Company, Defendants-Appellees. Division V Opinion by JUDGE ROMÁN Dunn and Welling, JJ., concur Court of Appeals No. 17CA0812 Douglas County District Court No. 15JV222 Honorable Robert R. Lung, Judge Petitioner-Appellee, In the Interest of N.J., Child, and Concerning V.H., Respondent-Appellant. Division IV Opinion by JUDGE HAWTHORNE J. Jones and Richman, JJ., concur

23 -23- Court of Appeals No. 17CA0925 City and County of Denver County District Court No. 16JV315 Honorable Donna L. Schmalberger, Judge Petitioner-Appellee, In the Interest of L.K.G. and A.R.D., Children, and Concerning C.N.C, Respondent-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE WELLING Román and Dunn, JJ., concur Court of Appeals No. 17CA1013 Arapahoe County District Court No. 12JV545 Honorable Theresa M. Slade, Judge Petitioner-Appellee, In the Interest of T.J., a Child, and Concerning B.J., Respondent-Appellant. Division I Opinion by JUDGE TAUBMAN Booras and Harris, JJ., concur

24 -24- Court of Appeals No. 17CA1021 City and County of Denver District Court No. 16JV652 Honorable Laurie A. Clark, Judge Petitioner-Appellee, In the Interest of J.S.K-W., a Child, and Concerning C.B.W., Respondent-Appellant. Division V Opinion by JUDGE ROMÁN Dunn and Welling, JJ., concur Court of Appeals No. 17CA1156 City and County of Denver Juvenile Court No. 15JV89 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of Y.E.M.M., a Child, and Concerning D.M.M., Respondent-Appellant. Division II Opinion by JUDGE DAILEY Lichtenstein and Navarro, JJ., concur

25 -25- Court of Appeals No. 17CA1172 Jefferson County District Court No. 16JV537 Honorable Ann Gail Meinster, Judge Petitioner-Appellee, In the Interest of J.M., a Child, and Concerning J.M., Respondent-Appellant. Division IV Opinion by JUDGE J. JONES Hawthorne and Richman, JJ., concur Court of Appeals No. 17CA1356 Industrial Claim Appeals Office of the State of Colorado WC No City of Colorado Springs, Colorado, Petitioner, Industrial Claim Appeals Office of the State of Colorado and David Vitwar, Respondents. ORDER AFFIRMED Division III Opinion by JUDGE WEBB Terry and Tow, JJ., concur

26 -26- Court of Appeals No. 17CA1439 Industrial Claim Appeals Office of the State of Colorado DD No Caleb L. King, Petitioner, Industrial Claim Appeals Office of the State of Colorado and R & A Enterprises, Inc., Chick-Fil-A at Fountain FSU, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division A Opinion by JUDGE ROTHENBERG* Loeb, C.J., and Carparelli*, J., concur Court of Appeals No. 17CA1444 City and County of Denver Juvenile Court No. 16JV951 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of R.R.D., a Child, and Concerning J.M.W., a/k/a J.M.D., Respondent-Appellant. Division IV Opinion by JUDGE RICHMAN Hawthorne and J. Jones, JJ., concur

27 -27- Court of Appeals No. 17CA1469 Industrial Claim Appeals Office of the State of Colorado WC No Vincent Cruz, Petitioner, Industrial Claim Appeals Office of the State of Colorado, Sacramento Drilling, and Travelers Property Casualty Company of America, Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE RICHMAN Hawthorne and J. Jones, JJ., concur Court of Appeals No. 17CA1673 Industrial Claim Appeals Office of the State of Colorado DD No Shannon J. Libhart, Petitioner, Industrial Claim Appeals Office of the State of Colorado and David J. Pringle, DMD, PLLC, Respondents. ORDER AFFIRMED Division VI Opinion by JUDGE FURMAN Fox and Ashby, JJ., concur

28 -28- Court of Appeals No. 17CA1829 Industrial Claim Appeals Office of the State of Colorado DD No Alana M. Norzagaray, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Bellisimo, Inc., Respondents. ORDER AFFIRMED Division II Opinion by JUDGE LICHTENSTEIN Dailey and Navarro, JJ., concur Court of Appeals No. 17CA1949 Industrial Claim Appeals Office of the State of Colorado DD No Laboratory Express Corporation, Petitioner, Industrial Claim Appeals Office of the State of Colorado and George T. Hosni, Respondents. ORDER AFFIRMED Division VI Opinion by JUDGE FOX Furman and Ashby, JJ., concur

29 -29- Court of Appeals No. 17CA2029 Industrial Claim Appeals Office of the State of Colorado DD No Byron D. Henry, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Convergys Customer Management GP, Respondents. ORDER AFFIRMED Division I Opinion by CHIEF JUDGE LOEB Nieto* and Carparelli*, JJ., concur Court of Appeals No. 17CA2164 Industrial Claim Appeals Office of the State of Colorado DD No Patricia A. Coleman, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and SCL Health Front Range, Inc., Respondents. ORDER AFFIRMED Division VI Opinion by JUDGE ASHBY Furman and Fox, JJ., concur

30 -30- Court of Appeals No. 17CA2187 Industrial Claim Appeals Office of the State of Colorado DD No Jake Carruthers, Petitioner, Industrial Claim Appeals Office of the State of Colorado and U.S. Shale Management Company, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE NIETO* Loeb, C.J., and Carparelli*, J., concur Court of Appeals No. 17CA2221 Industrial Claim Appeals Office of the State of Colorado DD No Richard A. Martinez, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Golden Industrial Supply Company, Inc., Respondents. ORDER AFFIRMED Division I Opinion by JUDGE CARPARELLI* Loeb, C.J., and Nieto*, J., concur

31 -31- Court of Appeals No. 16CA1428 P E T I T I O N S F O R R E H E A R I N G Jay Winterburn, Petition for Rehearing DENIED 2018COA15M Court of Appeals Nos. 16CA1521 & 17CA0066 Samuel A. Marso and Audrey S. Marso, Plaintiffs-Appellants, Homeowners Realty, Inc., d/b/a Coldwell Banker Home Owners Realty, Inc., Defendant-Appellee. Opinion Modified and Petition for Rehearing DENIED

32 COA45 Court of Appeals No. 17CA0652 Petitioner-Appellee, In the Interest of B.C., a Child, and Concerning L.T., Respondent-Appellant. Opinion Modified and Petition for Rehearing DENIED OPINION PREVIOUSLY ANNOUNCED AS NOT PUBLISHED PURSUANT TO C.A.R. 35(e) ON December 21, 2017, IS NOW MODIFIED AND DESIGNATED FOR PUBLICATION *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S