-1- ANNOUNCEMENTS Colorado Court of Appeals July 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. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 13CA0452 Boulder County District Court No. 11CR1298 Honorable Andrew R. Macdonald, Judge Jeffrey Carter Neering, JUDGMENT AFFIRMED Division IV Opinion by JUDGE FOX Terry and Casebolt*, JJ., concur

2 -2- Court of Appeals No. 13CA1014 Adams County District Court No. 11CR859 Honorable Francis C. Wasserman, Judge Honorable Jill-Ellyn Straus, Judge Christopher Thomas Mainock, JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN Dailey and Freyre, JJ., concur Court of Appeals No. 13CA1341 Garfield County District Court No. 12CR164 Honorable Denise K. Lynch, Judge Jeremy A. Beach, JUDGMENT AFFIRMED Division IV Opinion by JUDGE CASEBOLT* Terry and Fox, JJ., concur

3 -3- Court of Appeals No. 14CA0584 Jefferson County District Court No. 13CR1567 Honorable Randall C. Arp, Judge Eric James Hermosillo, JUDGMENT AFFIRMED Division IV Opinion by JUDGE HAWTHORNE Terry and Fox, JJ., concur Court of Appeals No. 14CA0627 Arapahoe County District Court No. 01CR236 Honorable Alex Ray Bencze, Judge Ankhbayar Badrakh Khalzan, Division I Opinion by JUDGE DAILEY Taubman and Sternberg*, JJ., concur

4 -4- Court of Appeals No. 14CA1788 City and County of Denver District Court No. 06CR2163 Honorable Shelley I. Gilman, Judge Lamar Atu Blackwell, Division VI Opinion by JUDGE MILLER Furman and Navarro, JJ., concur Court of Appeals No. 14CA1915 Jefferson County District Court Nos. 10CV2769 & 10CV4778 Honorable Lily W. Oeffler, Judge West 8th Ave., LLC, a Colorado limited liability company, Plaintiff-Appellant and Cross-Appellee, Edward I. Cudahy, individually and d/b/a Specialized Motor Sports, Defendant-Appellee and Cross-Appellant. JUDGMENT AND IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BOORAS Webb and J. Jones, JJ., concur

5 -5- Court of Appeals No. 14CA2268 Weld County District Court No. 13CR306 Honorable Marcelo A. Kopcow, Judge Mario Anaya Lozano, JUDGMENT AFFIRMED Division I Opinion by JUDGE DAILEY Taubman and Freyre, JJ., concur Court of Appeals No. 14CA2500 Mesa County District Court No. 13CR873 Honorable Richard Thomas Gurley, Judge Maurice L. Thompson, JUDGMENT AFFIRMED Division III Opinion by JUDGE GRAHAM Booras and Márquez*, JJ., concur

6 -6- Court of Appeals No. 15CA0237 El Paso County District Court No. 11CV1829 Honorable Barbara L. Hughes, Judge Roof Envy, LLC, f/k/a Gimmie Shelter Roofing, f/k/a/ ihohireroofers, L.L.C., Plaintiff-Appellant, James Greene and Chong Greene, Defendants-Appellees. JUDGMENT AFFIRMED, ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE CASEBOLT* Terry and Fox, JJ., concur Court of Appeals No. 15CA0392 Jefferson County District Court No. 08DR544 Honorable Tamara S. Russell, Judge In re the Marriage of Stephen B. Neill, Jr., Appellee, and Cara R. Neill, n/k/a Cara R. Strong, Appellant. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE CASEBOLT* Terry and Fox, JJ., concur

7 -7- Court of Appeals No. 15CA0540 City and County of Denver District Court No. 89CR1296 Honorable Elizabeth A. Starrs, Judge Janos Toevs, Division V Opinion by JUDGE BERGER Román and Plank*, JJ., concur Court of Appeals No. 15CA0604 City and County of Denver District Court No. 14CV30910 Honorable Andrew P. McCallin, Judge SDR Ventures, Inc., Michael Wenner, JUDGMENT AFFIRMED Division VII Opinion by JUDGE DUNN J. Jones and Lichtenstein, JJ., concur

8 -8- Court of Appeals No. 15CA0653 Arapahoe County District Court No. 13CR2149 Honorable Frederick T. Martinez, Judge Jeannie Marie Nichols, Division III Opinion by JUDGE BOORAS Graham and Kapelke*, JJ., concur Court of Appeals No. 15CA0668 Mesa County District Court No. 10CR323 Honorable Thomas M. Deister, Judge Robert J. McCleland, Division II Opinion by JUDGE PLANK* Loeb, C.J., and Sternberg*, J., concur

9 -9- Court of Appeals No. 15CA0673 Boulder County District Court No. 14JD49 Honorable Ingrid Bakke, Judge Honorable Andrew McDonald, Judge Petitioner-Appellee, In the Interest of T.G., Juvenile-Appellant. JUDGMENT AND SENTENCE AFFIRMED Division I Opinion by JUDGE FREYRE Taubman and Dailey, JJ., concur

10 -10- Court of Appeals No. 15CA0696 Jefferson County District Court No. 12PR230 Honorable Stephen M. Munsinger, Judge Honorable Lily W. Oeffler, Judge In re the Estate of Paul T. Wyers, deceased. Diana L. Mulligan, Appellant, Linda Reely, Appellee, and Philip Wyers and Ronald W. Servis, Respondents. JUDGMENT AFFIRMED Division IV Opinion by JUDGE TERRY Fox and Casebolt*, JJ., concur

11 -11- Court of Appeals No. 15CA0732 Mesa County District Court No. 08PR117 Honorable David A. Bottger, Judge In the Matter of the Estate of Alice M. Thompson, Deceased. Donald F. Thompson, Appellant, Estate of Alice M. Thompson; Judy M. Fithian as the Successor Personal Representative; Lynda Lee-Malone; Robert R. Fithian; Jackie Young; Roger Fithian; and Ronald Fithian, Appellees. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE HARRIS Webb and Ashby, JJ., concur

12 -12- Court of Appeals No. 15CA0752 Custer County District Court No. 14CV4 Honorable Robert Freeman, Judge Robert Klein, Plaintiff-Appellant, Centennial Ranch and Aspen Mountain Ranch Association, a Colorado nonprofit association, Defendant-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE NAVARRO Furman and Miller, JJ., concur Court of Appeals No. 15CA0780 Rio Grande County District Court No. 10CV49 Honorable Martin A. Gonzales, Judge Thomas H. Smith, Plaintiff-Appellant, River Island Ranch Property Owners Association, Inc. and The Pueblo Bank and Trust Company, Defendants-Appellees. JUDGMENT AND Division VII Opinion by JUDGE DUNN J. Jones and Lichtenstein, JJ., concur

13 -13- Court of Appeals No. 15CA0791 Jefferson County District Court No. 04PR752 Honorable Lily W. Oeffler, Judge In re the Estate of John Cerrone, John Cerrone, Protected Person, Respondent-Appellee, Medical Lien Management, Inc., Claimant-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE LICHTENSTEIN J. Jones and Dunn, JJ., concur Court of Appeals No. 15CA0832 City and County of Denver District Court No. 14CV33453 Honorable Catherine A. Lemon, Judge Anass Khelik, Plaintiff-Appellant, City and County of Denver, Colorado, a municipal corporation; and Career Service Authority Board of the City and County of Denver, Defendants-Appellees. JUDGMENT REVERSED Division II Opinion by JUDGE WEBB Ashby and Harris, JJ., concur

14 -14- Court of Appeals No. 15CA0848 El Paso County District Court No. 14DR31074 Honorable David A. Gilbert, Judge In re the Marriage of Judith Panah, Appellant, and Mike Panah, Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE J. JONES Lichtenstein and Dunn, JJ., concur Court of Appeals No. 15CA0887 Larimer County District Court No. 14CV30716 Honorable C. Michelle Brinegar, Judge David W. Jensen, Plaintiff-Appellant, Justin Smith, in his official capacity as Sheriff of Larimer County, Defendant-Appellee. JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Dailey and Freyre, JJ., concur

15 -15- Court of Appeals No. 15CA1211 Larimer County District Court No. 09CV642 Honorable Daniel J. Kaup, Judge George E. Girardi and Teresa Girardi, Plaintiffs-Appellees, Matthew G. Sysum, Division V Opinion by JUDGE BERGER Román and Plank*, JJ., concur Court of Appeals No. 15CA1274 Jefferson County District Court No. 14DR30104 Honorable Todd L. Vriesman, Judge In re the Marriage of Laura E. Salditt, Appellant, and Peter Salditt, Appellee. JUDGMENT AFFIRMED Division II Opinion by JUDGE WEBB Ashby and Harris, JJ., concur

16 -16- Court of Appeals No. 15CA1429 City and County of Denver District Court No. 94DR474 Honorable Robert L. McGahey, Jr., Judge In re the Marriage of Terry W. Mobley, Appellee, and Cheryl Mobley, Appellant. APPEAL DISMISSED IN PART, ORDER VACATED, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Dailey and Freyre, JJ., concur Court of Appeals No. 15CA1521 Garfield County District Court No. 10CR177 Honorable Denise K. Lynch, Judge Shawnee Ryan, Division IV Opinion by JUDGE HAWTHORNE Terry and Fox, JJ., concur

17 -17- Court of Appeals No. 15CA1571 City and County of Denver District Court No. 15CV378 Honorable Michael A. Martinez, Judge In the Matter of the Petition of Ronald Sharpe, Petitioner-Appellant, and Concerning the City and County of Denver District Court, Second Judicial District, Respondent-Appellee. Division VI Opinion by JUDGE NAVARRO Furman and Miller, JJ., concur Court of Appeals No. 15CA1731 City and County of Denver District Court No. 06CR3031 Honorable Kandace C. Gerdes, Judge Lesley Joe Taylor, Division III Opinion by JUDGE BOORAS Graham and Márquez*, JJ., concur

18 -18- Court of Appeals No. 15CA2123 Adams County District Court No. 14DR2038 Honorable Donald S. Quick, Judge In re the Marriage of Nit Tut Wang, Appellant, and Nyachan Deng, Appellee. JUDGMENT AFFIRMED Division I Opinion by JUDGE FREYRE Taubman and Dailey, JJ., concur Court of Appeals No. 16CA0073 Industrial Claim Appeals Office of the State of Colorado DD No PASCO/SW, Inc., Petitioner, Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance Employer Services Integrity/Employer Audits, Respondents. Division II Opinion by JUDGE LOEB Sternberg* and Plank*, JJ., concur

19 -19- Court of Appeals No. 16CA0074 Industrial Claim Appeals Office of the State of Colorado DD No PASCO/SW, Inc., Petitioner, Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance Employer Services Integrity/Employer Audits, Respondents. Division II Opinion by JUDGE LOEB Sternberg* and Plank*, JJ., concur Court of Appeals No. 16CA0204 Montrose County District Court No. 14JV51 Honorable David S. Westfall, Judge Petitioner-Appellee, In the Interest of F.O. and I.O., Children, and Concerning T.E. and S.E., Respondents-Appellants. JUDGMENTS AFFIRMED Division VII Opinion by JUDGE LICHTENSTEIN J. Jones and Dunn, JJ., concur

20 -20- Court of Appeals No. 16CA0605 Industrial Claim Appeals Office of the State of Colorado DD No Gary A. Hoaglund, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Brakes Plus, Inc., Respondents. Division II Opinion by JUDGE STERNBERG* Loeb, C.J., and Sternberg*, J., concur Court of Appeals No. 16CA0613 Industrial Claim Appeals Office of the State of Colorado DD Mariah D. Crook, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Affinity Relocation, LLC, Respondents. Division IV Opinion by JUDGE FOX Hawthorne and Terry, JJ., concur

21 -21- Court of Appeals No. 16CA0618 Industrial Claim Appeals Office of the State of Colorado DD No Katrice L. Traylor, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Fred Emich III, Inc., Respondents. Division III Opinion by JUDGE MÁRQUEZ* Graham and Booras, JJ., concur Court of Appeals No. 16CA0710 Pueblo County District Court No. 13MH385 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of Sandra Guertin, Respondent-Appellant. Division I Opinion by JUDGE TAUBMAN Dailey and Freyre, JJ., concur

22 -22- Court of Appeals No. 12CA0321 P E T I T I O N S F O R R E H E A R I N G Christopher Cox, Petition for Rehearing DENIED Court of Appeals No. 13CA1215 Christopher Anthony Mountjoy, Jr., Petition for Rehearing DENIED

23 -23- Court of Appeals No. 13CA1771 Kevin Earl Dunham, Petition for Rehearing DENIED Court of Appeals No. 14CA0529 Gary Lensky, Plaintiff-Appellant, Gery DiDomenico, Carol McDonald, Charles B. Choin, William R. Trujillo, Manual D. J. Archuleta, Maria J. Archuleta, and William L. Trujillo, Defendants-Appellees. Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S