-1- ANNOUNCEMENTS Colorado Court of Appeals November 23, 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. 13CA0063 Douglas County District Court No. 11CR300 Honorable Vincent R. White, Judge Kelli Lynn Murphy, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Hawthorne and Navarro, JJ., concur

2 -2- Court of Appeals No. 13CA1212 Adams County District Court No. 12CR2008 Honorable Mark D. Warner, Judge Michael Earl Smith, JUDGMENT AFFIRMED Division III Opinion by JUDGE HAWTHORNE Webb and Navarro, JJ., concur Court of Appeals No. 13CA2114 City and County of Denver District Court No. 12CR2730 Honorable Michael J. Vallejos, Judge Timothy William Smith, JUDGMENT AFFIRMED Division I Opinion by JUDGE DUNN Ashby and Davidson*, JJ., concur

3 -3- Court of Appeals No. 13CA2152 Larimer County District Court No. 12CR1654 Honorable Stephen J. Schapanski, Judge William Albert Denman, Jr., JUDGMENT AFFIRMED Division II Opinion by JUDGE FURMAN Dailey and Harris, JJ., concur Court of Appeals No. 14CA2256 Pueblo County District Court No. 04CR728 Honorable William D. Alexander, Judge Honorable Scott Bradford Epstein, Judge Rick Von Hahn, ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE RICHMAN Bernard and Fox, JJ., concur

4 -4- Court of Appeals No. 14CA2305 Jefferson County District Court No. 13CR1886 Honorable Margie L. Enquist, Judge Justin Tyler Schnapp, JUDGMENT AFFIRMED Division IV Opinion by JUDGE GRAHAM J. Jones and Miller, JJ., concur Court of Appeals No. 14CA2354 Weld County District Court No. 11CR1341 Honorable Shannon D. Lyons, Judge Jared Cowen, JUDGMENT AND ORDER AFFIRMED Division I Opinion by JUDGE DUNN Taubman and Ashby, JJ., concur

5 -5- Court of Appeals No. 15CA0301 Larimer County District Court No. 12CR1630 Honorable Gregory M. Lammons, Judge Christopher Alan Brown, SENTENCE AFFIRMED Division II Opinion by JUDGE FURMAN Dailey and Harris, JJ., concur Court of Appeals No. 15CA0534 City and County of Denver District Court No. 09CR5047 Honorable Brian R. Whitney, Judge Darren James Thompson, ORDER AFFIRMED Division IV Opinion by JUDGE J. JONES Graham and Miller, JJ., concur

6 -6- Court of Appeals No. 15CA0937 Jefferson County District Court No. 10CR2659 Honorable Dennis J. Hall, Judge Freddy Christian Marchena, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE DAVIDSON* Loeb, C.J., and Casebolt*, J., concur Court of Appeals No. 15CA1117 Boulder County District Court No. 15CV51 Honorable Judith L. LaBuda, Judge Laser Tek Services, a North Dakota corporation, Plaintiff-Appellant, Bruce N. Kowkabany, a Colorado resident, d/b/a Core Technologies, Inc., Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE HAWTHORNE Webb and Navarro, JJ., concur

7 -7- Court of Appeals No. 15CA1406 Jefferson County District Court No. 11DR3020 Honorable Laura Ann Tighe, Judge In re the Marriage of Wayne Braddock, Appellee, and Lee Ann Braddock, n/k/a Lee Ann Windomaker, Appellant. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE MILLER Graham and J. Jones, JJ., concur

8 -8- Court of Appeals No. 15CA1490 Boulder County District Court No. 14DR869 Honorable Bruce Langer, Judge In re the Marriage of Aleena Gates, Appellee, and Seongil Yun, Appellant. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Hawthorne and Navarro, JJ., concur Court of Appeals No. 15CA1717 Colorado State Board of Medical Examiners Case No. ME Scott Mitchell Green, M.D., License No. DR-29123, Appellant, Colorado Medical Board, Appellee. ORDER AFFIRMED Division II Opinion by JUDGE HARRIS Dailey and Furman, JJ., concur

9 -9- Court of Appeals No. 15CA1842 Arapahoe County District Court No. 14CV30600 Honorable Charles M. Pratt, Judge Terrence M. Wyles, Plaintiff-Appellant, Aluminaid International, A.G.; West Hills Research & Development, Inc., f/k/a Aluminaid, Inc.; Aluminaid PTE, Ltd.; Aja Reynolds, a/k/a Aja Fasanella; Zuperfoods, Inc.; Carl Freer; Ericka Freer, a/k/a Ericka Lapresle, a/k/a Ericka Suzanne Lapresle, a/k/a Ericka Lapresle Freer; James Hunt; Adam Freer; Julia Freer-Agerstam; David Warnock; Alex Arendt; Allen Sussman; and Loeb & Loeb LLP, Defendants-Appellees. JUDGMENTS REVERSED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE NAVARRO Webb and Hawthorne, JJ., concur

10 -10- Court of Appeals No. 15CA1864 Arapahoe County District Court No. 10CR2828 Honorable Carlos A. Samour, Jr., Judge Henry Lee Espinoza, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE LICHTENSTEIN Román and Freyre, JJ., concur Court of Appeals No. 15CA1944 City and County of Denver District Court No. 15DR753 Honorable R. Michael Mullins, Judge In re the Marriage of Laura M. Holmes, n/k/a Laura Mahnken, Appellee, and Clarence L. Holmes, Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE NAVARRO Webb and Hawthorne, JJ., concur

11 -11- Court of Appeals No. 15CA2005 Douglas County District Court No. 12DR931 Honorable Michael J. Spear, Judge In re the Marriage of Christian Edward Sparks, Appellant, and Susanne Rita Walker, Appellee. ORDER AFFIRMED Division I Opinion by JUDGE TAUBMAN Dunn and Ashby, JJ., concur Court of Appeals No. 15CA2106 Arapahoe County District Court No. 08CR1039 Honorable Elizabeth Beebe Volz, Judge Dwayne A. Jones, ORDER AFFIRMED Division V Opinion by JUDGE FREYRE Román and Lichtenstein, JJ., concur

12 -12- Court of Appeals No. 15CA2159 City and County of Denver District Court No. 10CR22 Honorable Sheila A. Rappaport, Judge Celestino Quintana, ORDER AFFIRMED Division II Opinion by JUDGE HARRIS Dailey and Furman, JJ., concur Court of Appeals No. 16CA0082 Jefferson County District Court No. 15DR325 Honorable Ryan P. Loewer, Judge Honorable Todd L. Vriesman, Judge In re the Marriage of Kyrylo Zarevo, Appellant, and Yulitza Whitmire, Appellee. ORDER AFFIRMED Division III Opinion by JUDGE HAWTHORNE Webb and Navarro, JJ., concur

13 -13- Court of Appeals No. 16CA0317 City and County of Denver District Court No. 00CR4131 Honorable Kandace C. Gerdes, Judge Francisco Cardoza, ORDER AFFIRMED Division IV Opinion by JUDGE CASEBOLT* Loeb, C.J., and Davidson*, J., concur Court of Appeals No. 16CA0368 Rio Grande County District Court No. 15CV30005 Honorable Martin A. Gonzales, Judge Michael D. Cooper and James Cooper, Plaintiffs-Appellees, Bennett L. Sorensen, Bonnie Sorensen, and the Bennett L. Sorensen and Bonnie Sorensen Revocable Living Trust, Defendants-Appellants. JUDGMENT AFFIRMED Division IV Opinion by JUDGE GRAHAM J. Jones and Miller, JJ., concur

14 -14- Court of Appeals No. 16CA0606 Lincoln County District Court No. 15CV9 Honorable Jeffrey K. Holmes, Judge Thomas Rucker, Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections, and Warden of Limon Correctional Facility, Defendants-Appellees. JUDGMENT AFFIRMED Division VII Opinion by JUDGE TERRY Booras and Berger, JJ., concur Court of Appeals No. 16CA0623 El Paso County District Court No. 14JV1137 Honorable Tim J. Schutz, Judge Petitioner Appellee, In the Interest of A.P., a Child, and Concerning S.F., Respondent Appellant. JUDGMENT AFFIRMED Division I Opinion by JUDGE DUNN Taubman and Ashby, JJ., concur

15 -15- Court of Appeals No. 16CA0902 Industrial Claim Appeals Office of the State of Colorado DD No Denise Renee St Andre, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Fastforward Media, LLC, Respondents. ORDER AFFIRMED Division A Opinion by JUDGE KAPELKE* Loeb, C.J., and Márquez*, J., concur

16 -16- Court of Appeals No. 13CA1375 P E T I T I O N S F O R R E H E A R I N G Jason Scott Morin, Petition for Rehearing DENIED Court of Appeals No. 14CA0740 Allonhill, LLC, Plaintiff-Appellant, Aurora Commercial Corporation, f/k/a Aurora Bank, FSB, Defendant-Appellee. Petitions for Rehearing DENIED

17 -17- Court of Appeals No. 15CA0964 Mark L. Thompson and Rosalin Rogers, Plaintiffs-Appellants, United Securities Alliance, Inc., Defendant, and concerning Catlin Insurance Company (UK) Ltd., Garnishee, Appellee. Petition for Rehearing DENIED Webb, J., would GRANT Court of Appeals No. 15CA1460 Dustin Shroyer, Plaintiff-Appellant, City of Boulder, Colorado, Defendant-Appellee. Petition for Rehearing DENIED Furman, J., would GRANT

18 -18- Court of Appeals No. 15CA1959 Sopris Lodging, LLC, a Colorado limited liability company, assignee of the claims of TDC/BEI Joint Venture, LLC, a Colorado limited liability company; Charles R. Lakin, an individual; and Tyler Casebier, an individual, Third-Party Plaintiffs-Appellants, Schofield Excavation, Inc., a Colorado corporation; and Colorado Engineering Contractors, Inc., a Colorado corporation, Third-Party 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