-1- ANNOUNCEMENTS Colorado Court of Appeals April 21, 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 2016COA57 Court of Appeals No. 11CA2476 City and County of Denver District Court No. 10CR10078 Honorable Christina M. Habas, Judge Steven J. Sandoval, JUDGMENT AND SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE MILLER Hawthorne and Bernard, JJ., concur

2 COA58 Court of Appeals No. 13CA1922 Las Animas County District Court No. 12CR250 Honorable Leslie J. Gerbracht, Judge James Augustine Ortiz, Division III Opinion by JUDGE J. JONES Webb and Booras, JJ., concur 2016COA59 Court of Appeals No. 14CA0012 Arapahoe County District Court No. 11CR2411 Honorable Marilyn Leonard Antrim, Judge Joseph Douglas, JUDGMENT AND Division V Opinion by JUDGE BERNARD Furman and Lichtenstein, JJ., concur

3 COA60 Court of Appeals No. 14CA1559 City and County of Denver District Court No. 13CV390 Honorable John W. Madden, IV, Judge David Ross Calvert, Plaintiff-Appellant, Diane L. Mayberry, a/k/a Diane Marie Laba-Mayberry, and Desiree L. Mayberry, Defendants-Appellees. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE BERNARD Furman and Lichtenstein, JJ., concur 2016COA61 Court of Appeals Nos. 14CA2099 & 14CA2463 Arapahoe County District Court No. 11CV1076 Honorable Donald W. Marshall, Judge Landmark Towers Association, Inc., a Colorado nonprofit corporation, by EWP- GV, LLC, as receiver for 7677 East Berry Avenue Associates, LP, its declarant, Plaintiff-Appellee and Cross-Appellant, UMB Bank, N.A., Colorado Bondshares, a tax exempt fund; and Marin Metropolitan District, a Colorado special district, Defendants-Appellants and Cross-Appellees. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE J. JONES Webb and Booras, JJ., concur

4 COA62 Court of Appeals No. 14CA2396 Logan County District Court No. 08CR34 Honorable Michael K. Singer, Judge Edward Valadez, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FREYRE Terry and Navarro, JJ., concur 2016COA63 Court of Appeals No. 15CA0161 El Paso County District Court No. 09CR2700 Honorable Barney Iuppa, Judge Plaintiff-Appellant, Daniel Christian August, Defendant-Appellee. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Graham and Ashby, JJ., concur

5 COA64 Court of Appeals No. 15CA0288 City and County of Denver District Court No. 13CV33794 Honorable Herbert L. Stern, III, Judge Colorado Insurance Guaranty Association, Plaintiff-Appellee and Cross-Appellant, Sunstate Equipment Company, LLC, Defendant-Appellant and Cross-Appellee. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB J. Jones and Booras, JJ., concur 2016COA65 Court of Appeals No. 15CA1210 Industrial Claim Appeals Office of the State of Colorado WC No Amerigas Propane and Indemnity Insurance Company of North America, Petitioners, Industrial Claim Appeals Office of the State of Colorado and Victor England, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE BERNARD Furman and Rothenberg*, JJ., concur

6 COA66 Court of Appeals No. 15CA1347 Industrial Claim Appeals Office of the State of Colorado WC No Arnold Archuletta, Petitioner, Industrial Claim Appeals Office of the State of Colorado; Concrete Frame Associates, Inc.; and American Zurich, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE FOX Taubman and Miller, JJ., concur Prior Opinion Announced March 3, 2016, WITHDRAWN OPINION PREVIOUSLY ANNOUNCED AS NOT PUBLISHED PURSUANT TO C.A.R. 35(f) ON MARCH 3, 2016, IS NOW DESIGNATED FOR PUBLICATION

7 COA67 Court of Appeals No. 15CA1869 Larimer County District Court No. 13CV31464 Honorable C. Michelle Brinegar, Judge Allister Mark Boustred, and Horizon Hobby, Inc., Defendant-Appellee, Align Corporation Limited, Division A Opinion by JUDGE FOX Taubman and Hawthorne, JJ., concur

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. 11CA2579 Rio Blanco County District Court No. 09CR56 Honorable Gail H. Nichols, Judge Jerry D. Snider, Jr., JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE BOORAS Webb and J. Jones, JJ., concur Court of Appeals No. 12CA1939 El Paso County District Court No. 11CR3685 Honorable Theresa M. Cisneros, Judge Traci Lynn Adams, JUDGMENT AND SENTENCE AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER Richman and Kapelke*, JJ., concur

9 -9- Court of Appeals No. 13CA0642 Arapahoe County District Court No. 11CR70 Honorable F. Stephen Collins, Judge Charles Renea Johnson, JUDGMENT AFFIRMED Division VII Opinion by JUDGE KAPELKE* Richman and Berger, JJ., concur Court of Appeals No. 13CA1346 El Paso County District Court Nos. 06CR3652, 10CR2911 & 12CR1377 Honorable Robin L. Chittum, Judge Ricardo Jesus Aldapa Valentin, SENTENCE VACATED IN PART AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE GRAHAM Dailey and Ashby, JJ., concur

10 -10- Court of Appeals No. 13CA2277 El Paso County District Court No. 13CR1683 Honorable Michael P. McHenry, Judge Dominique Goins, JUDGMENT AND Division II Opinion by JUDGE ASHBY Dailey and Graham, JJ., concur Court of Appeals No. 13CA2382 Weld County District Court No. 13CR1072 Honorable Timothy G. Kerns, Judge Loren Elliot Gasiorowski, JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN Miller and Fox, JJ., concur

11 -11- Court of Appeals No. 14CA0331 Adams County District Court No. 09CR2321 Honorable Thomas R. Ensor, Judge Benjamin John Romero, ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE RICHMAN Dunn and Berger, JJ., concur Court of Appeals No. 14CA0704 El Paso County District Court No. 13CR428 Honorable William B. Bain, Judge Ivan Commodore Stamps, JUDGMENT AFFIRMED Division VII Opinion by JUDGE RICHMAN Berger and Kapelke*, JJ., concur

12 -12- Court of Appeals No. 14CA1394 City and County of Denver District Court No. 13CR1324 Honorable William D. Robbins, Judge Eddie L. Simon, JUDGMENT AFFIRMED Division II Opinion by JUDGE ASHBY Dailey and Márquez*, JJ., concur Court of Appeals No. 14CA1402 La Plata County District Court Nos. 14CR145 & 14CV30065 Honorable Suzanne F. Carlson, Judge Bryan S. Tyner, Plaintiff-Appellant, County Court of La Plata County and the Honorable Martha Minot, Judge, Defendant-Appellee. APPEAL DISMISSED Division II Opinion by JUDGE DAILEY Graham and Ashby, JJ., concur

13 -13- Court of Appeals No. 14CA1813 Arapahoe County District Court No. 85CR24 Honorable Kurt A. Horton, Judge Douglas Trent Burns, Division A Opinion by JUDGE KAPELKE* Loeb, C.J., and Sternberg*, J., concur Court of Appeals No. 14CA1899 City and County of Denver District Court No. 12CR2135 Honorable Paul R. McLimans, Judge James W. Keith, Division VI Opinion by JUDGE TERRY Navarro and Freyre, JJ., concur

14 -14- Court of Appeals No. 14CA1939 El Paso County District Court No. 14CR126 Honorable Scott A. Sells, Judge Troy Dean Erickson, JUDGMENT AFFIRMED Division II Opinion by JUDGE ASHBY Dailey and Graham, JJ., concur Court of Appeals No. 14CA2004 El Paso County District Court No. 13CR2605 Honorable David A. Gilbert, Judge Felicion A. Charles, ORDER, JUDGMENT, AND SENTENCE AFFIRMED Division III Opinion by CHIEF JUDGE LOEB Plank* and Nieto*, JJ., concur

15 -15- Court of Appeals No. 14CA2350 Colorado State Personnel Board Case No. 2014B019 Rodney Smith, Petitioner-Appellant, Colorado State University, Police Department, Respondent-Appellee, and State Personnel Board, State of Colorado, Appellee. Division VII Opinion by JUDGE BERGER Richman and Kapelke*, JJ., concur

16 -16- Court of Appeals No. 14CA2392 Mesa County District Court No. 13CR366 Honorable Brian J. Flynn, Judge Tyson Lee Ellis, SENTENCE AFFIRMED Division II Opinion by JUDGE DAILEY Graham and Ashby, JJ., concur Court of Appeals No. 14CA2398 La Plata County District Court No. 13DR18 Honorable William Laurence Herringer, Judge In re the Marriage of Kelly Ann Maertin, Appellant, and Jeffrey Charles Dreger, Appellee. Division IV Opinion by JUDGE HAWTHORNE Román and Harris, JJ., concur

17 -17- Court of Appeals No. 15CA0078 City and County of Denver District Court No. 06CR6759 Honorable Elizabeth A. Starrs, Judge Arthur S. Mills, ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur Court of Appeals No. 15CA0082 City and County of Denver District Court No. 14CV260 Honorable Herbert L. Stern, III, Judge Douglas E. Ikeler, DVM, Maulid Miskell, Members of the Colorado State Board of Veterinary Medicine, Staff Members of the Board of Veterinary Medicine, and Joni R. Edwards, DVM, Defendants-Appellees. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE DAVIDSON* Richman and Berger, JJ., concur

18 -18- Court of Appeals No. 15CA0147 Adams County District Court Nos. 06JV82 & 13DR30469 Honorable Emily E. Anderson, Judge In re the Parental Responsibilities Concerning E.D., a Child, and Concerning Jason T. Cox, Petitioner-Appellee, and Holly Deffert, Respondent-Appellant, and Dennis Beavers, Respondent-Appellee. JUDGMENT AFFIRMED Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur

19 -19- Court of Appeals No. 15CA0149 Mesa County District Court No. 06CR619 Honorable Brian J. Flynn, Judge George Lee Cyr, Division I Opinion by JUDGE FOX Taubman and Miller, JJ., concur Court of Appeals No. 15CA0181 Pueblo County District Court No. 14CV30293 Honorable Victor I. Reyes, Judge Alexis Coquillard, Plaintiff-Appellant, Brandon Schaffer, Defendant-Appellee. JUDGMENT AFFIRMED Division VI Opinion by JUDGE TERRY Navarro and Freyre, JJ., concur

20 -20- Court of Appeals No. 15CA0381 Routt County District Court No. 14CV19 Honorable Michael A. O Hara III, Judge Egeria Park LLC, Brett Barkey, District Attorney, 14th Judicial District, Division IV Opinion by JUDGE HAWTHORNE Román and Harris, JJ., concur Court of Appeals No. 15CA0463 City and County of Denver District Court No. 14CV31274 Honorable Catherine A. Lemon, Judge Dr. Richard Rupkalvis, Metropolitan Life Insurance Company, Division III Opinion by JUDGE J. JONES Webb and Booras, JJ., concur

21 -21- Court of Appeals No. 15CA0689 Adams County District Court No. 12DR2118 Honorable Donald S. Quick, Judge In re the Marriage of Vanessa Lee Ward, Appellant, and Nicholas Joseph Ward, Appellee. ORDERS AFFIRMED Division I Opinion by JUDGE TAUBMAN Miller and Fox, JJ., concur Court of Appeals No. 15CA0886 Mesa County District Court No. 14CV30175 Honorable Thomas M. Deister, Judge James Williamson, City of Fruita, Colorado, d/b/a Fruita Community & Recreation Center, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Graham and Ashby, JJ., concur

22 -22- Court of Appeals No. 15CA0954 Adams County District Court No. 11CR2294 Honorable Jill-Ellyn Straus, Judge Kevin Corbus, Division VII Opinion by JUDGE BERGER Richman and Dunn, JJ., concur Court of Appeals No. 15CA1183 City and County of Denver District Court No. 14DR2977 Honorable Kandace C. Gerdes, Judge In re the Marriage of Nancy Olewnik, f/k/a Nancy Sartin, Appellant, and Wesley A. Sartin, Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE TERRY Navarro and Casebolt*, JJ., concur

23 -23- Court of Appeals No. 15CA1522 Industrial Claim Appeals Office of the State of Colorado DD No Nabiha A. Elmi, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Cargill Meat Solutions Corporation, Respondents. Division III Opinion by CHIEF JUDGE LOEB Plank* and Nieto*, JJ., concur Court of Appeals No. 15CA1766 Industrial Claim Appeals Office of the State of Colorado DD No Stephanie N. Wyrsch, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Gloria G. Walsh, Respondents. Division VI Opinion by JUDGE TERRY Navarro and Freyre, JJ., concur

24 -24- Court of Appeals No. 15CA2160 Industrial Claim Appeals Office of the State of Colorado DD No Susan A. Burke, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Wellbridge Club Management, LLC, Respondents. Division VI Opinion by JUDGE NAVARRO Terry and Freyre, JJ., concur Court of Appeals No. 16CA0045 Industrial Claim Appeals Office of the State of Colorado DD No Valerie R. Gomez, Petitioner, Industrial Claim Appeals Office of the State of Colorado and First American Title Insurance Company, Respondents. Division III Opinion by JUDGE PLANK* Loeb, C.J., and Nieto*, J., concur

25 -25- Court of Appeals No. 16CA0098 Industrial Claim Appeals Office of the State of Colorado DD No Victor A. Krantz, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Fox Corporation, Respondents. Division I Opinion by JUDGE FOX Taubman and Miller, JJ., concur Court of Appeals No. 16CA0158 Industrial Claim Appeals Office of the State of Colorado DD No Paul R. Boris, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Jacobs Entertainment, Inc., Respondents. Division VI Opinion by JUDGE FREYRE Terry and Navarro, JJ., concur

26 -26- Court of Appeals No. 16CA0162 Industrial Claim Appeals Office of the State of Colorado DD No Chad B. Meester, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Brakes Plus, Inc., Respondents. Division III Opinion by JUDGE NIETO* Loeb, C.J., and Plank*, J., concur

27 -27- Court of Appeals No. 12CA1173 P E T I T I O N S F O R R E H E A R I N G Detra Dione Farries, Petition for Rehearing DENIED NOT PUBLISHED PURSUANT TO C.A.R. 35(f) Court of Appeals No. 14CA0882 Michael Christopher Lopez, Petition for Rehearing DENIED NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

28 -28- Court of Appeals No. 14CA1424 Keith Clayton Brooks, Jr., Plaintiff-Appellant, Rick Raemisch, Executive Director, Colorado Department of Corrections, and Angela Medina, Warden, Limon Correctional Facility, Defendants-Appellees. Petition for Rehearing DENIED Court of Appeals No. 14CA1593 Leroy D. Fresquez, Plaintiff-Appellant, Rick Raemisch, Kevin Milyard, Travis Trani, Carol Soares, Dennis Burbank, Carmen Estrada, Penny Murphey, Cerise Heidenthal, Raeanne Will, David Lindberg, Lois Caldaronella, and Andrea Nichols, Defendants-Appellees. Petition for Rehearing DENIED NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

29 -29- Court of Appeals No. 14CA1770 Richard S. DePina, Petition for Rehearing DENIED NOT PUBLISHED PURSUANT TO C.A.R. 35(f) Court of Appeals No. 14CA2168 Corvax Oil and Gas Land Services, a Utah limited liability corporation, Successor to Evelyn M. McCormick, a/k/a Lyn McCormick, individually and as Trustee for the McCormick-Heath Family Trust; Evelyn M. McCormick; and Robert Stuart McCormick, Plaintiffs-Appellants, Michael Cuba, individually, d/b/a Affirm Energy, LLC, a Colorado limited liability corporation; Morning Star Enterprises, Inc., a Colorado corporation; David C. Peterson, a/k/a David Peterson, a/k/a Dave Peterson, d/b/a Diamond Operating, a Colorado corporation, d/b/a Flatirons Energy Group, d/b/a Flat Irons Corporation, d/b/a Heartland Oil and Gas Company, a Colorado corporation; and Richard W. Miller, d/b/a Treasure Resources Inc., and formerly having done business as Poudre Productions, Inc. and Poudre Properties, Inc., Defendants-Appellees. Petition for Rehearing DENIED NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

30 -30- Court of Appeals No. 15CA0182 In re the Marriage of Kenneth B. House, Appellant, And Judith House, n/k/a Judith DeHerrera, Appellee. Petition for Rehearing DENIED NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

31 -31- M O D I F I E D O P I N I O N S 2016COA45M Court of Appeals No. 14CA2178 City and County of Denver District Court No. 13CV33879 Honorable John W. Madden, IV, Judge Rocky Mountain Gun Owners, a Colorado nonprofit corporation; National Association for Gun Rights, Inc., a Virginia nonprofit corporation; John A. Sternberg; and DV-S, LLC, a Colorado limited liability company, d/b/a Alpine Arms, Plaintiffs-Appellants, John W. Hickenlooper, in his official capacity as Governor of the State of Colorado, Defendant-Appellee. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Ashby, J., concurs Graham, J., concurs in part and dissents in part Opinion Modified On the Court s Own Motion Announced March 24, 2016 *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S