-1- ANNOUNCEMENTS Colorado Court of Appeals February 19, 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. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 09CA1800 Weld County District Court No. 07CR2227 Honorable Marcelo A. Kopcow, Judge Jose Francisco Hernandez, JUDGMENT AFFIRMED Division V Opinion by JUDGE ROY* Richman and Navarro, JJ., concur

2 -2- Court of Appeals No. 11CA0304 Arapahoe County District Court No. 94CR606 Honorable Elizabeth A. Weishaupl, Judge Jeffrey S. Johnson, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur Court of Appeals No. 11CA1666 El Paso County District Court No. 10CR3616 Honorable Barney Iuppa, Judge Frank Lee Miller, JUDGMENT AFFIRMED Division V Opinion by JUDGE ROMÁN Terry and Ashby, JJ., concur

3 -3- Court of Appeals No. 11CA2401 Boulder County District Court No. 09CV900 Honorable Ingrid S. Bakke, Judge Carolyn K. Harner, Plaintiff-Appellant, James B. Chapman, M.D., Defendant-Appellee. JUDGMENT AFFIRMED Division VI Opinion by JUDGE GABRIEL Lichtenstein and Kapelke*, JJ., concur Court of Appeals No. 12CA0202 El Paso County District Court No. 10CR1604 Honorable Ronald G. Crowder, Judge Ricardo Chalchi-Sevilla, JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN Gabriel and Booras, JJ., concur

4 -4- Court of Appeals No. 12CA0209 Larimer County District Court No. 11CR221 Honorable Dave Williams, Judge Terry Lane McMillan, JUDGMENT AFFIRMED Division III Opinion by JUDGE WEBB Dailey and Richman, JJ., concur Court of Appeals No. 12CA0583 Arapahoe County District Court No. 06CR2340 Honorable Carlos A. Samour, Jr., Judge William Monroe Robertson, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Gabriel and Booras, JJ., concur

5 -5- Court of Appeals No. 12CA1096 City and County of Broomfield District Court No. 11CR108 Honorable Thomas R. Ensor, Judge Benjamin Allen Mortensen, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DAILEY Webb and Richman, JJ., concur Court of Appeals No. 12CA1142 Jefferson County District Court No. 08CR1501 Honorable Dennis Hall, Judge Zachariah Clark Dobler, SENTENCE AFFIRMED Division II Opinion by JUDGE GRAHAM Casebolt and Dunn, JJ., concur

6 -6- Court of Appeals No. 12CA1751 Douglas County District Court No. 88CR32 Honorable Vincent White, Judge Matthew Kyle Mounts, ORDER AFFIRMED Division IV Opinion by JUDGE BERNARD Hawthorne and Miller, JJ., concur Court of Appeals No. 12CA1936 City and County of Denver District Court No. 11CR4887 Honorable Anne M. Mansfield, Judge Thomas B. Delage, CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Gabriel and Booras, JJ., concur

7 -7- Court of Appeals No. 12CA1987 Archuleta County District Court No. 02CR68 Honorable Jeffrey R. Wilson, Judge Scott Firth, ORDER AFFIRMED Division VII Opinion by JUDGE LICHTENSTEIN Navarro and Berger, JJ., concur Court of Appeals No. 12CA2594 Adams County District Court No. 03CR1854 Honorable Harlan R. Bockman, Judge Gerald Kenneth Jorgensen, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur

8 -8- Court of Appeals No. 13CA0168 Adams County District Court No. 10CV414 Honorable C. Scott Crabtree, Judge Michael Malin, Plaintiff-Appellants, and Michael J. Kleinman and Michael L. Poindexter, Attorneys-Appellants, Steven G. Naples; Heidi Bendiksen Naples; Naples Franchising Systems, Inc.; and The Naples Group Inc., Defendants-Appellees. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE MILLER Dailey and Terry, JJ., concur

9 -9- Court of Appeals No. 13CA0313 Boulder County District Court No. 12CR233 Honorable Roxanne Bailin, Judge Douglas Clyde Demos, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE TERRY Furman and Lichtenstein, JJ., concur Court of Appeals No. 13CA0425 Adams County District Court No. 11CR2756 Honorable Chris Melonakis, Judge Dennis Healey, JUDGMENT AFFIRMED Division I Opinion by JUDGE GABRIEL Taubman and Booras, JJ., concur

10 -10- Court of Appeals No. 13CA0711 Douglas County District Court No. 10CV768 Honorable Richard B. Caschette, Judge Wendy Padilla, Vicki Read, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE MILLER Dailey and Terry, JJ., concur Court of Appeals No. 13CA0782 City and County of Denver District Court No. 07CV7363 Honorable Robert L. McGahey, Jr., Judge Carol Klimmer, Defendant-Appellant, 888 Condominium Association, Inc., Defendant-Appellee. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DAILEY Webb and Vogt*, JJ., concur

11 -11- Court of Appeals No. 13CA1494 City and County of Denver District Court No. 11CV1458 Honorable Michael A. Martinez, Judge Emerald Isle Properties, LLC, a Colorado limited liability company, David Hamilton, CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur Court of Appeals No. 13CA1636 Jefferson County District Court No. 07CR1856 Honorable Stephen M. Munsinger, Judge Austin Verland Ray, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE HAWTHORNE Bernard and Miller, JJ., concur

12 -12- Court of Appeals No. 13CA1729 Jefferson County District Court No. 05CR1244 Honorable Dennis Hall, Judge Terry Michael Bruch, ORDER AFFIRMED Division I Opinion by JUDGE GABRIEL Taubman and Booras, JJ., concur Court of Appeals No. 13CA1781 El Paso County District Court No. 11CV1389 Honorable Jann P. DuBois, Judge Lorson Ranch Metropolitan Districts Nos. 1 through 7, Colorado Special Districts, Plaintiff-Appellee and Cross-Appellant, Rice & Rice, Inc., a Colorado corporation, Defendant-Appellant and Cross-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE J. JONES Furman and Fox, JJ., concur

13 -13- Court of Appeals No. 13CA1845 Douglas County District Court No. 13CV531 Honorable Vincent White, Judge Eric P. Hillila, Plaintiff-Appellant, Colorado Department of Revenue, Division of Motor Vehicles, Defendant-Appellee. JUDGMENT AFFIRMED Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur Court of Appeals No. 13CA1916 El Paso County District Court No. 13CR567 Honorable David S. Prince, Judge Jarell Enrique Askew, JUDGMENT AND SENTENCE VACATED Division II Opinion by JUDGE CASEBOLT Graham and Dunn, JJ., concur

14 -14- Court of Appeals No. 13CA2047 El Paso County District Court Nos. 03CR2941 & 03CR3825 Honorable David L. Shakes, Judge Emmitt James Compito, ORDER AFFIRMED Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur Court of Appeals No. 13CA2302 Douglas County District Court No. 11DR818 Honorable Angela R. Arkin, Judge In re the Marriage of Larry Sherman, Appellee, and Cherie Darlene Jeffrey, f/k/a Cherie Jeffrey Sherman, Appellant. JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Dailey and Richman, JJ., concur

15 -15- Court of Appeals No. 13CA2323 Boulder County District Court No. 12CV0124 Honorable D.D. Mallard, Judge John T. Glover, III, Plaintiff-Appellant, Developmental Disabilities Center, Inc., d/b/a Imagine!, and Glen Spencer, Defendants-Appellees. JUDGMENT AND ORDERS AFFIRMED Division I Opinion by JUDGE BOORAS Taubman and Gabriel, JJ., concur Court of Appeals No. 13CA2346 Jefferson County District Court No. 13JD582 Honorable Ann Gail Meinster, Judge Petitioner-Appellee, In the Interest of N.N.M., Juvenile-Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE HAWTHORNE Bernard and Miller, JJ., concur

16 -16- Court of Appeals No. 14CA0102 Chaffee County District Court No. 12CV60 Honorable Charles M. Barton, Judge John L. Gross and Verna D. Gross, Plaintiffs-Appellants and Cross-Appellees, Garrison Krause and Rancho Pacifico, S.A., a Costa Rican corporation, Defendants-Appellees and Cross-Appellants. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE HAWTHORNE Bernard and Miller, JJ., concur Court of Appeals No. 14CA0168 City and County of Denver District Court Nos. 06CR4845, 06CR4970 & 06CR4972 Honorable Morris B. Hoffman, Judge Joseph Edwards, ORDER AFFIRMED Division II Opinion by CHIEF JUDGE LOEB Márquez and Roy*, JJ., concur

17 -17- Court of Appeals No. 14CA0262 Boulder County District Court No. 09DR940 Honorable Judith L. LaBuda, Judge In re the Marriage of Lynn Marlow, Appellee, and Dana Harden, Appellant. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE GABRIEL Taubman and Booras, JJ., concur Court of Appeals No. 14CA0459 City and County of Denver District Court No. 13CV713 Honorable Martin F. Egelhoff, Judge Timothy Felder, Plaintiff-Appellant, Farmers Insurance Exchange, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER Navarro and Vogt*, JJ., concur

18 -18- Court of Appeals No. 14CA0676 Boulder County District Court No. 09DR1229 Honorable Bruce Langer, Judge In re the Marriage of Joel Plimmer, Appellee, and Wanda Plimmer, Appellant. ORDER AFFIRMED Division IV Opinion by JUDGE MILLER Hawthorne and Bernard, JJ., concur Court of Appeals No. 14CA0772 Pitkin County District Court Nos. 13CR1 & 13CR37 Honorable Gail H. Nichols, Judge Justin Casey Schaaf, ORDERS AFFIRMED Division VII Opinion by JUDGE NAVARRO Lichtenstein and Berger, JJ., concur

19 -19- Court of Appeals No. 14CA0820 City and County of Denver District Court No. 06CV9467 Honorable Robert L. McGahey, Jr., Judge Honorable Robert S. Hyatt, Judge Lineaux, Inc., Third-Party Donald Buick, Third-Party Defendant-Appellant, and Concerning Martin Lambuth; Mary Beth Lambuth; Visual Images, Inc.; and Benson & Case, LLP, Appellees. ORDERS VACATED, JUDGMENT AFFIRMED, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur

20 -20- Court of Appeals No. 14CA1020 Arapahoe County District Court No. 09JV213 Honorable Timothy L. Fasing, Judge Petitioner-Appellee, In the Interest of E.A.C.M., a Child, and Concerning C.M-E., Respondent-Appellant. JUDGMENT AFFIRMED Division VI Opinion by JUDGE J. JONES Furman and Fox, JJ., concur Court of Appeals No. 14CA1457 Arapahoe County District Court No. 90CR1305 Honorable Carol Glowinsky, Judge Alan D. Swendra, ORDER AFFIRMED IN PART, SENTENCE REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER Lichtenstein and Navarro, JJ., concur

21 -21- Court of Appeals No. 14CA1588 Industrial Claim Appeals Office of the State of Colorado DD No James M. Tate, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Board of Water Commissioners, Respondents. ORDER AFFIRMED Division II Opinion by JUDGE ROY* Loeb, C.J., and Márquez*, J., concur Court of Appeals No. 14CA1640 Mesa County District Court No. 13JV165 Honorable Valerie J. Robison, Judge Petitioner-Appellee, In the Interest of U.M-C. and E.M-C., Children, and Concerning K.C., Respondent-Appellant. JUDGMENT AFFIRMED Division V Opinion by JUDGE ROMÁN Terry and Ashby, JJ., concur

22 -22- Court of Appeals No. 14CA1736 Weld County District Court No. 13JV1128 Honorable Elizabeth Strobel, Judge Petitioner-Appellee, In the Interest of N.K.R. and C.L., Children, and Concerning M.J.L.J., Respondent-Appellant. JUDGMENT AFFIRMED Division VI Opinion by JUDGE FOX Furman and J. Jones, JJ., concur Court of Appeals No. 14CA1814 El Paso County District Court No. 12JV1755 Honorable Barney Iuppa, Judge Petitioner-Appellee, In the Interest of S.J. and B.S., Children, and Concerning C.J., Respondent-Appellant. JUDGMENT AFFIRMED Division V Opinion by JUDGE TERRY Román and Ashby, JJ., concur

23 -23- Court of Appeals No. 14CA1898 Industrial Claim Appeals Office of the State of Colorado DD No Jesse M. Ramos, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Hajoca Corp., Respondents. ORDER AFFIRMED Division III Opinion by JUDGE DAILEY Webb and Richman, JJ., concur Court of Appeals No. 14CA1986 El Paso County District Court No. 13JV1067 Honorable Barney Iuppa, Judge Petitioner-Appellee, In the Interest of Y.R., a Child, and Concerning L.L., Respondent-Appellant. JUDGMENT AFFIRMED Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur

24 -24- Court of Appeals No. 14CA2119 Industrial Claim Appeals Office of the State of Colorado DD No Raul Caballero, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Front Range Duct Cleaning, Respondents. ORDER AFFIRMED Division III Opinion by JUDGE WEBB Dailey and Richman, JJ., concur Court of Appeals No. 14CA2144 Industrial Claim Appeals Office of the State of Colorado DD No Melissa M. Hendrickson, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Wellpoint Companies, Inc., Respondents. ORDER AFFIRMED Division III Opinion by JUDGE RICHMAN Dailey and Webb, JJ., concur

25 -25- Court of Appeals No. 11CA1321 P E T I T I O N S F O R R E H E A R I N G Joe Luis Dominguez, Petition for Rehearing DENIED Court of Appeals No. 12CA2477 Mark Lee Wilkinson, Petition for Rehearing DENIED

26 -26- Court of Appeals No. 13CA1024 John Joseph Turner, Petition for Rehearing DENIED Court of Appeals No. 14CA0129 John Michael Broadus, Petition for Rehearing DENIED

27 -27- Court of Appeals No. 14CA0367 General Electric Capital Corporation, a Delaware corporation, Plaintiff-Appellant, Wattles Real Estate Partners LLC, a Delaware limited liability company, Defendant-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