-1- ANNOUNCEMENTS Colorado Court of Appeals July 18, 2013

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1 -1- COLORADO COURT OF APPEALS JULY 18, 2013 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. 12CA0769 City and County of Denver District Court No. 10CV3320 Honorable Herbert L. Stern, III, Judge Rodney Reid, Daniel Berkowitz, d/b/a Shimon Builders, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Lichtenstein and Dunn, JJ., concur

2 -2- Court of Appeals Nos. 12CA1116 & 12CA1117 Pueblo County District Court No. 11CV174 Honorable Victor I. Reyes, Judge Jeff Chostner, in his official capacity as District Attorney for the Tenth Judicial District, Colorado; Office of the District Attorney for the Tenth Judicial District, Colorado; and Rocky Mountain Environment and Labor Coalition, Plaintiffs-Appellees, Colorado Water Quality Control Commission; Steven H. Gunderson, in his official capacity as the Director of the Colorado Water Quality Control Division of the Colorado Department of Public Health and Environment; and Colorado Springs Utilities, Defendants-Appellants. JUDGMENT REVERSED Division II Opinion by JUDGE DUNN Casebolt and Lichtenstein, JJ., concur

3 -3- Court of Appeals No. 12CA1261 Arapahoe County District Court No. 09CV823 Honorable Charles M. Pratt, Judge Just In Case Business Lighthouse, LLC, a Colorado limited liability company, Patrick Murray, JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE WEBB Hawthorne, J., concurs Richman, J., concurs in part and dissents in part

4 -4- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 05CA0764 El Paso County District Court No. 96CR1193 Honorable David Alan Cole, Judge Honorable Larry Edward Schwartz, Judge Honorable Donald Eugene Campbell, Judge Honorable John Joseph Althoff, Judge Sanford B. Schupper, JUDGMENTS AFFIRMED Division III Opinion by JUDGE DAILEY Bernard and Gabriel, JJ., concur

5 -5- Court of Appeals No. 09CA1367 City and County of Denver District Court No. 07CR6038 Honorable William W. Hood, Judge Ponciano Verduzco-Cervantes, JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Hawthorne and Kapelke*, JJ., concur Court of Appeals No. 09CA2463 City and County of Denver District Court No. 09CR10123 Honorable Christina M. Habas, Judge Peter Edward Dunker, JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE WEBB Hawthorne and Kapelke*, JJ., concur

6 -6- Court of Appeals No. 09CA2584 Jefferson County District Court No. 09CR506 Honorable Stephen M. Munsinger, Judge Jonathan Scott Davis, JUDGMENT AFFIRMED Division II Opinion by JUDGE DUNN Casebolt and Lichtenstein, JJ., concur Court of Appeals No. 11CA0791 City and County of Denver District Court No. 94CR1102 Honorable Shelley I. Gilman, Judge Kenneth G. Garcia, Division VII Opinion by JUDGE BERNARD J. Jones and Richman, JJ., concur

7 -7- Court of Appeals No. 11CA1559 Arapahoe County District Court No. 03CR1166 Honorable Michael J. Spear, Judge Henry Nunez Newman, Division IV Opinion by JUDGE WEBB Hawthorne and Plank*, JJ., concur Court of Appeals No. 11CA2260 Larimer County District Court No. 10CR82 Honorable Stephen J. Schapanski, Judge Jesus Jose Rodriguez, Division VII Opinion by JUDGE NAVARRO Loeb and Terry, JJ., concur

8 -8- Court of Appeals No. 12CA0078 Adams County District Court No. 09CR2103 Honorable Patrick T. Murphy, Judge Nicholas Smiley, IN PART AND REVERSED IN PART Division V Opinion by JUDGE MILLER Graham and Márquez*, JJ., concur Court of Appeals No. 12CA0371 Larimer County District Court Nos. 10CR1456 & 11CR1499 Honorable Devin R. Odell, Judge Christopher Nathaniel Green, Division V Opinion by JUDGE MÁRQUEZ* Graham and Miller, JJ., concur

9 -9- Court of Appeals No. 12CA0434 City and County of Denver District Court No. 99CR2157 Honorable Shelley I. Gilman, Judge Jason Fullum, Division V Opinion by JUDGE STERNBERG* Miller and Márquez*, JJ., concur Court of Appeals No. 12CA0809 El Paso County District Court No. 02CR2606 Honorable Thomas L. Kennedy, Judge Derrick Turner, Division VII Opinion by JUDGE LOEB Terry and Navarro, JJ., concur

10 -10- Court of Appeals No. 12CA0837 El Paso County District Court No. 11CV159 Honorable William G. Trujillo, Magistrate John D. McSorley Petitioner-Appellant, Respondent-Appellee, and Roger Werholtz, Executive Director, Colorado Department of Corrections, Appellee. Division III JUDGE BERNARD Dailey and Gabriel, JJ., concur

11 -11- Court of Appeals No. 12CA0852 City and County of Denver District Court No. 11CR872 Honorable Edward D. Bronfin, Judge Donnie Ray Cain, JUDGMENT AND SENTENCE AFFIRMED Division VI Opinion by JUDGE J. JONES Carparelli and Booras, JJ., concur Court of Appeals No. 12CA0910 City and County of Denver District Court No. 11CV3052 Honorable Michael A. Martinez, Judge Corey T. Bunk, Plaintiff-Appellant, BNSF Railway Company, Defendant-Appellee. JUDGMENT AFFIRMED Division VI Opinion by JUDGE J. JONES Carparelli and Booras, JJ., concur

12 -12- Court of Appeals Nos. 12CA0956 & 12CA0957 Yuma County District Court Nos. 00PR38 & 01PR46 Honorable Charles M. Hobbs, Judge In re the Estate of Masyl L. Sheridan and Charlie D. Sheridan, deceased. Mary K. Engel, Appellant, M. Sue Jarrett, individually and as Personal Representative of the Estate of Masyl L. Sheridan and Charlie D. Sheridan; and R. Dean Jarrett, Jr., Appellees. JUDGMENT AFFIRMED Division III Opinion by JUDGE BERNARD Dailey and Gabriel, JJ., concur

13 -13- Court of Appeals No. 12CA1083 El Paso County District Court No. 12CV20 Honorable Gregory R. Werner, Judge Michael Sean Edmond, Plaintiff-Appellant, James Meyer LPC, Executive Director of the Bijou Treatment and Training Institute (BTTI); and Bijou Treatment and Training Institute, Defendants-Appellees. JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Lichtenstein and Dunn, JJ., concur

14 -14- Court of Appeals No. 12CA1185 Adams County District Court No. 06CR158 Honorable Harlan R. Bockman, Judge Jorge Alberto Parada Cazares, Division VI Opinion by JUDGE BOORAS Carparelli and J. Jones, JJ., concur Court of Appeals No. 12CA1188 Arapahoe County District Court No. 09CR1275 Honorable Elizabeth A. Weishaupl, Judge Honorable Harlan R. Bockman, Judge Anthony Nathaniel McDonald, Division VI Opinion by JUDGE J. JONES Carparelli and Booras, JJ., concur

15 -15- Court of Appeals No. 12CA1208 Adams County District Court No. 03CR3439 Honorable Chris Melonakis, Judge Miguel Robles-Martinez, Division VII Opinion by JUDGE TERRY Loeb and Navarro, JJ., concur Court of Appeals No. 12CA1275 El Paso County District Court No. 11CV252 Honorable Ronald G. Crowder, Judge Robert W. Baillie, Roger Werholtz, in his official capacity as Interim Executive Director of the Colorado Department of Corrections, IN PART AND VACATED IN PART Division V Opinion by JUDGE GRAHAM Miller and Márquez*, JJ., concur

16 -16- Court of Appeals No. 12CA1290 El Paso County District Court No. 11CR2000 Honorable Barney Iuppa, Judge Victoria Christina Murdock, JUDGMENT AFFIRMED Division VI Opinion by JUDGE CARPARELLI J. Jones and Booras, JJ., concur Court of Appeals No. 12CA1518 Arapahoe County District Court No. 09CV2235 Honorable Charles M. Pratt, Judge Danyell L. Ziegler, f/k/a Danyell L. Harvanek, John A. Hatfield, JUDGMENT AFFIRMED Division IV Opinion by JUDGE HAWTHORNE Webb and Kapelke*, JJ., concur

17 -17- Court of Appeals No. 12CA1533 Kit Carson County District Court Nos. 07CR66 & 07CR112 Honorable Kevin L. Hoyer, Judge Crystal Ann Purvine, Division V Opinion by JUDGE GRAHAM Furman and Miller, JJ., concur Court of Appeals No. 12CA1626 Douglas County District Court No. 05CV1146 Honorable Paul A. King, Judge Rocky Mountain Festivals, Inc., d/b/a Colorado Renaissance Festivals, Inc., Plaintiff-Appellant, Parsons Corporation and James M. Miller, Defendants-Appellees. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BERNARD Dailey and Gabriel, JJ., concur

18 -18- Court of Appeals No. 12CA1682 Jefferson County District Court No. 10DR3376 Honorable Jack W. Berryhill, Judge In re the Marriage of Christopher K. Watson Appellee, and Brandy J. Watson, Appellant. JUDGMENT AFFIRMED Division II Opinion by JUDGE NEY* Lichtenstein and Dunn, JJ., concur

19 -19- Court of Appeals No. 12CA1707 El Paso County District Court No. 99DR2559 Honorable Michael P. McHenry, Judge In re the Marriage of Barbara Munsil, Appellee, and Wesley Munsil, Appellant. Division II Opinion by JUDGE LICHTENSTEIN Casebolt and Dunn, JJ., concur

20 -20- Court of Appeals No. 12CA1793 Boulder County District Court No. 03DR1053 Honorable Patrick D. Butler, Judge In re the Marriage of Pamela Gibson, a/k/a Pamela Gibson Greene, Appellee, and Jerome E. Greene, Appellant. Division II Opinion by JUDGE DUNN Lichtenstein and Ney*, JJ., concur

21 -21- Court of Appeals No. 12CA1900 Eagle County District Court No. 10CV335 Honorable R. Thomas Moorhead, Judge Dolce e Dani Wine Imports LLC, George Joseph Walters, individually; Janet Lea Walters, individually; Walter Enterprises LLC, and GJW Enterprises LLC, Defendants-Appellants. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DUNN Casebolt and Lichtenstein, JJ., concur

22 -22- Court of Appeals No. 12CA2182 Industrial Claim Appeals Office of the State of Colorado DD No Karen J. Jones, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Reliapath, LLC, Respondents. Division I Opinion by JUDGE ROMÁN Taubman and Fox, JJ., concur Court of Appeals No. 12CA2214 Mesa County District Court No. 12JA45 Honorable Richard T. Gurley, Judge In re the Petition of S.W.S. and P.L.S., Petitioners-Appellees, for the Adoption of B.H., Jr., a Child, and Concerning B.H., Sr., Respondent-Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE HAWTHORNE Webb and Kapelke*, JJ., concur

23 -23- Court of Appeals No. 13CA0156 El Paso County District Court No. 2011JV1576 Honorable Thomas L. Kennedy, Judge Petitioner-Appellee, In the Interest of J.W., a Child, and Concerning A.W. and D.W., Respondents-Appellants. JUDGMENT AFFIRMED Division VI Opinion by JUDGE CARPARELLI J. Jones and Booras, JJ., concur Court of Appeals No. 13CA0307 Industrial Claim Appeals Office of the State of Colorado DD No Dennis N. Wade, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Merkl s Automotive Inc., Respondents. Division IV Opinion by JUDGE KAPELKE* Webb and Hawthorne, JJ., concur

24 -24- Court of Appeals No. 13CA0347 Industrial Claim Appeals Office of the State of Colorado DD No Clark S. Woodard, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Division of Unemployment Insurance, Respondents. Division IV Opinion by JUDGE FOX Taubman and Román, JJ., concur

25 -25- Court of Appeals No. 13CA0383 Industrial Claim Appeals Office of the State of Colorado DD No Christina N. McSorley, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and New Dawn AL Operating Company, LLC 24, Respondents. Division III Opinion by JUDGE DAILEY Bernard and Gabriel, JJ., concur

26 -26- Court of Appeals No. 13CA0437 Industrial Claim Appeals Office of the State of Colorado DD No Maya Lovato, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Dillon Companies, Inc., Respondents. Division III Opinion by JUDGE GABRIEL Dailey and Bernard, JJ., concur

27 -27- Court of Appeals No. 10CA0034 P E T I T I O N S F O R R E H E A R I N G Bryan Orlando Parada, Petition for Rehearing DENIED Court of Appeals No. 10CA2445 Dennis Floyd Foster, Petition for Rehearing DENIED

28 -28- Court of Appeals No. 11CA2338 Roger Moore, Petition for Rehearing DENIED Booras, J., would GRANT *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S