-1- ANNOUNCEMENTS Colorado Court of Appeals October 6, 2016

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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 2016COA141 Court of Appeals Nos. 14CA2195 & 15CA0203 Eagle County District Court No. 12CV409 Honorable Frederick W. Gannett, Judge DA Mountain Rentals, LLC, a Nebraska limited liability company, Plaintiff-Appellant and Cross-Appellee, The Lodge at Lionshead Phase III Condominium Association Inc., a Colorado not-for-profit corporation, a/k/a the Lodge at Lionshead III Condominium Association, a Colorado not-for-profit corporation, Defendant-Appellee and Cross-Appellant. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE MILLER Taubman and Fox, JJ., concur

2 COA142 Court of Appeals No. 15CA0072 City and County of Denver District Court No. 13CV32833 Honorable Kenneth M. Laff, Judge Naema Alhilo, Daniel Kliem, Division II Opinion by JUDGE WEBB Ashby and Nieto*, JJ., concur 2016COA143 Court of Appeals No. 15CA0206 City and County of Denver District Court No. 14CV32364 Honorable Robert L. McGahey, Judge R. Parker Semler, Bruce S. Hellerstein; Perfect Place, LLC; Bruce S. Hellerstein, CPA P.C.; Charles Bewley; and Berenbaum Weinshienk, P.C., Defendants-Appellees. ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ASHBY Webb and Plank*, JJ., concur Prior Opinion Announced August 4, 2016, WITHDRAWN Perfect Place Defendants Petition for Rehearing GRANTED All Other Petitions for Rehearing DENIED

3 COA144 Court of Appeals No. 15CA0765 Weld County District Court No. 13CV30928 Honorable Julie C. Hoskins, Judge Bill Barrett Corporation and Bonanza Creek Energy, Inc., Plaintiffs-Appellees and Cross-Appellants, and Noble Energy, Inc., Sand Hills Metropolitan District, f/k/a Altamira Metropolitan District No. 6; United Water and Sanitation District; and Town of Lochbuie, Defendants-Appellants and Cross-Appellees. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FOX Bernard and Richman, JJ., concur

4 COA145 Court of Appeals No. 15CA1135 Boulder County District Court No. 14CV31112 Honorable Andrew Hartman, Judge Golden Run Estates, LLC, a Colorado limited liability company; and Aaron Harber, Plaintiffs-Appellees, Town of Erie, JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Freyre and Nieto*, JJ., concur 2016COA146 Court of Appeals No. 15CA1589 Douglas County District Court No. 14CV31174 Honorable Paul A. King, Judge Ronald Berges, Beth Ballen, Stephanie Van Voorst, Jody Curtin, Nathan Mohr, Lynn Robinson, and Mark Bauman, Plaintiffs-Appellants, County Court of Douglas County and Honorable Monica J. Gomez, Defendants-Appellees. Division VI Opinion by JUDGE NAVARRO Furman and Miller, JJ., concur

5 COA147 Court of Appeals No. 15CA1664 El Paso County District Court No. 14CV34327 Honorable Edward S. Colt, Judge Emma Andrade, Margaret Johnson, Defendant-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by CHIEF JUDGE LOEB Nieto* and Casebolt*, 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. 12CA1968 Boulder County District Court No. 10CR1900 Honorable D.D. Mallard, Judge James Frantz, Division VI Opinion by JUDGE MILLER Navarro, J., concurs Furman, J., dissents Court of Appeals No. 13CA1997 Jefferson County District Court No. 11CR2559 Honorable Tamara S. Russell, Judge Justin Michael Martinez, IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE BERNARD Richman and Fox, JJ., concur

7 -7- Court of Appeals No. 14CA0493 Weld County District Court No. 08CR1194 Honorable Thomas J. Quammen, Judge Norberto Abundez, ORDER AND Division V Opinion by JUDGE LICHTENSTEIN Román and Sternberg*, JJ., concur Court of Appeals No. 14CA0740 City and County of Denver District Court No. 12CV6381 Honorable Edward D. Bronfin, Judge Allonhill, LLC, Aurora Commercial Corporation, f/k/a Aurora Bank, FSB, Defendant-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BERGER Webb, J., concurs Fox, J., concurs in part and dissents in part

8 -8- Court of Appeals No. 14CA1550 Saguache County District Court No. 13CR57 Honorable Pattie P. Swift, Judge Mathew J. Hunter, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE NAVARRO Webb and Hawthorne, JJ., concur Court of Appeals No. 14CA2031 Mesa County District Court Nos. 12CR1073 & 13CR476 Honorable Valerie J. Robison, Judge Abigail Harriet Crawford, ORDER AFFIRMED Division I Opinion by JUDGE TAUBMAN Márquez* and Sternberg*, JJ., concur

9 -9- Court of Appeals No. 14CA2179 Adams County District Court No. 08CR2963 Honorable Robert W. Kiesnowski, Jr., Judge Eli Joseph Kelly, ORDER AFFIRMED Division III Opinion by JUDGE NAVARRO Webb and Hawthorne, JJ., concur Court of Appeals No. 14CA2246 Weld County District Court No. 13CR1044 Honorable Timothy G. Kearns, Judge Honorable Shannon D. Lyons, Judge Francis G. Buell, Division VII Opinion by JUDGE TERRY Booras and Berger, JJ., concur

10 -10- Court of Appeals No. 14CA2468 City and County of Denver District Court No. 11CV8353 Honorable Martin F. Egelhoff, Judge Arion Bank, HF, SHD Acquisition LLC; Sleep Holdings, LLC; Bogi Pálsson; and David Baker, Defendants-Appellees. Division I Opinion by JUDGE TAUBMAN Dunn and Plank*, JJ., concur Court of Appeals No. 15CA0406 City and County of Denver District Court No. 12CV2147 Honorable Karen L. Brody, Judge Kara A. Lange, Robin McInnis-Ortega, Defendant-Appellee. ORDERS AFFIRMED Division III Opinion by JUDGE HAWTHORNE Webb and Navarro, JJ., concur

11 -11- Court of Appeals No. 15CA0436 Boulder County District Court No. 13CR1351 Honorable Patrick D. Butler, Judge Omowale Chiwale Simmons, Division IV Opinion by JUDGE GRAHAM J. Jones and Miller, JJ., concur Court of Appeals No. 15CA0479 Logan County District Court No. 14CV2 Honorable Kevin L. Hoyer, Judge Leroy D. Fresquez, Executive Director of the Colorado Department of Corrections; and Warden of the Sterling Correctional Facility, Defendants-Appellees. Division V Opinion by JUDGE ROMÁN Lichtenstein and Sternberg*, JJ., concur

12 -12- Court of Appeals No. 15CA0571 Pueblo County District Court No. 13DR85 Honorable Thomas B. Flesher, Judge In re the Parental Responsibilities Concerning C.P., a Child, and Concerning Heather A. DeLaurentis, Appellee, and Rebecca N. Palmer, Appellant. ORDER AFFIRMED Division VII Opinion by JUDGE TERRY Booras and Berger, JJ., concur Court of Appeals No. 15CA0756 City and County of Denver District Court No. 14CV30436 Honorable John W. Madden, IV, Judge Frank Manuel Yanni, American Family Mutual Insurance Company, Defendant-Appellee. Division VII Opinion by JUDGE BOORAS Terry and Plank*, JJ., concur

13 -13- Court of Appeals No. 15CA0809 City and County of Denver District Court No. 14CV33174 Honorable Herbert L. Stern, III, Judge Auto-Owners Insurance Company, a Michigan corporation, 4320 Morrison, LLC, a Colorado limited liability company, Defendant-Appellee. Division III Opinion by JUDGE NAVARRO Webb and Hawthorne, JJ., concur Court of Appeals No. 15CA1112 City and County of Denver Probate Court No. 12PR406 Honorable Elizabeth D. Leith, Judge In re the Estate of Erika Pozsonyi, deceased. Mark Denison and Andrew Oh-Willeke, Esq., Appellants, Melissa R. Schwartz, Special Administrator for the Estate of Erika Pozsonyi, deceased, Appellee. ORDER AFFIRMED Division II Opinion by JUDGE ASHBY Webb and Harris, JJ., concur

14 -14- Court of Appeals No. 15CA1185 Boulder County District Court Nos. 08CR1635 & 09CR613 Honorable Maria E. Berkenkotter, Judge Ismael Lopez, ORDERS AFFIRMED Division I Opinion by JUDGE STERNBERG* Taubman and Márquez*, JJ., concur Court of Appeals No. 15CA1213 El Paso County District Court No. 99CR2680 Honorable Theresa M. Cisneros, Judge Leo J. Apodaca, ORDER AFFIRMED Division II Opinion by JUDGE DAILEY Furman and Harris, JJ., concur

15 -15- Court of Appeals No. 15CA1241 City and County of Denver District Court No. 14CV34171 Honorable Shelley I. Gilman, Judge John Hagen and Sara Dodson, Plaintiffs-Appellants, Steven Winter, Defendant-Appellee. Division VII Opinion by JUDGE TERRY Booras and Berger, JJ., concur Court of Appeals No. 15CA1298 Logan County District Court No. 13CR285 Honorable Douglas R. Vannoy, Judge Aaron J. Bernal, Defendant-Appellee. ORDER AFFIRMED Division V Opinion by JUDGE A. STERNBERG* Román and Lichenstein, JJ., concur

16 -16- Court of Appeals No. 15CA1866 Boulder County District Court No. 12CV416 Honorable Andrew Hartman, Judge Nathaniel Wardwell and Julie Wardwell, Plaintiffs-Appellees, David Howard, APPEAL DISMISSED IN PART AND Division IV Opinion by JUDGE GRAHAM J. Jones and Miller, JJ., concur Court of Appeals No. 15CA1983 Adams County District Court No. 15CV31045 Honorable F. Michael Goodbee, Judge Matthew Hammond, Rick Raemisch, Executive Director of Colorado Department of Corrections, Defendant-Appellee. APPEAL DISMISSED Division VII Opinion by JUDGE BOORAS Terry and Berger, JJ., concur

17 -17- Court of Appeals No. 15CA2161 Industrial Claim Appeals Office of the State of Colorado WC No Colorado Springs Transportation, d/b/a Yellow Cab; and Old Republic Insurance Company, Petitioners, Industrial Claim Appeals Office of the State of Colorado and Rae Shaikh, Respondents. ORDER AFFIRMED Division III Opinion by JUDGE WEBB Hawthorne and Navarro, JJ., concur Court of Appeals No. 16CA0818 Arapahoe County District Court No. 15JV291 Honorable Natalie T. Chase, Judge Petitioner-Appellee, In the Interest of S.D., M.D., and L.D., Children, and Concerning N.B., Respondent-Appellant. Division II Opinion by JUDGE HARRIS Dailey and Furman, JJ., concur

18 -18- P E T I T I O N S F O R R E H E A R I N G 2016COA143 Court of Appeals No. 15CA0206 City and County of Denver District Court No. 14CV32364 Honorable Robert L. McGahey, Judge R. Parker Semler, Bruce S. Hellerstein; Perfect Place, LLC; Bruce S. Hellerstein, CPA P.C.; Charles Bewley; and Berenbaum Weinshienk, P.C., Defendants-Appellees. ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ASHBY Webb and Plank*, JJ., concur Prior Opinion Announced August 4, 2016, WITHDRAWN Perfect Place Defendants Petition for Rehearing GRANTED All Other Petitions for Rehearing DENIED Court of Appeals No. 15CA0832 Anass Khelik, City and County of Denver, Colorado, a municipal corporation; and Career Service Authority Board of the City and County of Denver, Defendants-Appellees. Petition for Rehearing DENIED

19 -19- Court of Appeals No. 15CA0835 U.S. Bank, National Association as Trustee for WAMU Mortgage Pass through Certificates for WMALT Series A3, Jeffrey A. Brode and Karen L. Brode, Defendants-Appellants. Petition for Rehearing DENIED Court of Appeals No. 15CA1187 Lee Gates and Yvonne Gates, Plaintiffs-Appellees, Crystal Hill, d/b/a Lady Electric, LLC, Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S