-1- ANNOUNCEMENTS Colorado Court of Appeals September 12, 2013

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1 -1- COLORADO COURT OF APPEALS SEPTEMBER 12, 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. 11CA0459 Gilpin County District Court No. 02CR42 Honorable Jack W. Berryhill, Judge Plaintiff-Appellee and Cross-Appellant, Reginald Marcus Porter, Defendant-Appellant and Cross-Appellee. AND RULING DISAPPROVED Division II Opinion by JUDGE MÁRQUEZ* Casebolt and Dunn, JJ., concur

2 -2- Court of Appeals Nos. 11CA1239 & 11CA1582 City and County of Denver District Court No. 09CV3252 Honorable Morris B. Hoffman, Judge Stresscon Corporation, a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, Travelers Property Casualty Company of America, a Connecticut company, Defendant-Appellant and Cross-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERNARD Richman, J., concurs J. Jones, J., specially concurs Court of Appeals No. 12CA1112 Douglas County District Court No. 09CV1954 Honorable Richard B. Caschette, Judge Fabian Sebastian, Plaintiff-Appellant, Douglas County, Colorado; Douglas County Sheriff s Office; David A. Weaver, Douglas County Sheriff; and Greg A. Black, Douglas County Sheriff s Deputy, Defendants-Appellees. ORDER AFFIRMED Division III Opinion by JUDGE DAILEY Gabriel and Rothenberg*, JJ., concur

3 -3- Court of Appeals No. 12CA1197 Arapahoe County District Court No. 08CV2779 Honorable Charles M. Pratt, Judge Kirsten K. Riccatone; Brian Riccatone; and Ashlee D. Duran, Plaintiffs-Appellants, Colorado Choice Health Plans, d/b/a San Luis Valley Health Maintenance Organization; Gallagher Benefit Services, Inc., a Delaware corporation; and CNIC Health Solutions, Inc., a Colorado corporation, Defendants-Appellees. Division II Opinion by JUDGE KAPELKE* Casebolt and Plank*, JJ., concur

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. 10CA0239 City and County of Denver District Court No. 07CR7263 Honorable Christina M. Habas, Judge Willie J. Trimble, Division VII Opinion by JUDGE HAWTHORNE Booras and Fox, JJ., concur Court of Appeals No. 10CA0473 Weld County District Court No. 06CR1487 Honorable Gilbert A. Gutierrez, Judge Eziquio Deleon, ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division A Opinion by CHIEF JUDGE DAVIDSON Sternberg* and Nieto*, JJ., concur

5 -5- Court of Appeals No. 10CA1098 Jefferson County District Court No. 09CR1494 Honorable Lily W. Oeffler, Judge Drew Scott Dempsey, JUDGMENT AND ORDER AFFIRMED Division V Opinion by JUDGE MILLER Graham and Furman, JJ., concur Court of Appeals No. 10CA1878 Boulder County District Court No. 09CR1875 Honorable Maria E. Berkenkotter, Judge Gavan Salah Alkadi, Division VII Opinion by JUDGE BOORAS Hawthorne and Fox, JJ., concur

6 -6- Court of Appeals No. 10CA2412 Delta County District Court No. 97CR42 Honorable David R. Lass, Judge Eugene Marvin Smith, ORDER AFFIRMED Division IV Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur Court of Appeals No. 11CA0107 Larimer County District Court No. 09CR617 Honorable Stephen J. Schapanski, Judge Jose Francisco Vazquez, Division III Opinion by JUDGE J. JONES Dailey and Román, JJ., concur

7 -7- Court of Appeals No. 11CA0409 Douglas County District Court No. 02CR669 Honorable Richard B. Caschette, Judge Michael William Carton, ORDERS AFFIRMED Division IV Opinion by JUDGE DUNN Webb and Bernard, JJ., concur Court of Appeals No. 11CA0771 Adams County District Court No. 08CR3402 Honorable F. Michael Goodbee, Judge Raymond Anthony Romero, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE NEY* Casebolt and Terry, JJ., concur

8 -8- Court of Appeals No. 11CA0958 Mesa County District Court No. 10CR922 Honorable Valerie J. Robison, Judge James R. Hodgson, Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur Court of Appeals No. 11CA1131 Arapahoe County District Court Nos. 07CR391 & 07CR55 Honorable Gerald Rafferty, Judge Willem Sean Carter, ORDER AFFIRMED Division IV Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur

9 -9- Court of Appeals No. 11CA1935 Douglas County District Court No. 10CR531 Honorable Richard B. Caschette, Judge Joshua Phillip Montano, Division III Opinion by JUDGE DAILEY Gabriel and Roy*, JJ., concur Court of Appeals No. 11CA2474 Mesa County District Court No. 10CR1440 Honorable Richard T. Gurley, Judge Joseph I. Brown, IN PART, SENTENCE VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Terry and Vogt*, JJ., concur

10 -10- Court of Appeals No. 12CA0520 Arapahoe County District Court No. 09CR2621 Honorable John L. Wheeler, Judge Zachariah Trollinger, Division VII Opinion by JUDGE FOX Hawthorne and Booras, JJ., concur Court of Appeals No. 12CA0603 Jefferson County District Court No. 08CV1754 Honorable Lily W. Oeffler, Judge Gerol K. Fields, Plaintiff-Appellant, State Farm Mutual Automobile Insurance Company, an Illinois corporation, Defendant-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE LICHTENSTEIN Webb and Fox, JJ., concur

11 -11- Court of Appeals No. 12CA0719 Weld County District Court No. 10CV1156 Honorable Elizabeth B. Strobel, Judge Bill J. Hall, Plaintiff-Appellant, Town of Gilcrest, Colorado, a Colorado municipal corporation; and Menda K. Warne, an individual, Defendants-Appellees. JUDGMENT REVERSED, ORDER SET ASIDE, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE KAPELKE* Webb and Hawthorne, JJ., concur Court of Appeals No. 12CA0808 Larimer County District Court Nos. 92CR1081, 96CR1204, 96CR1242, & 96CR1243 Honorable Julie Kunce Field, Judge Paul Allen Gollobith, ORDERS AFFIRMED Division VII Opinion by JUDGE HAWTHORNE Booras and Fox, JJ., concur

12 -12- Court of Appeals No. 12CA0815 Douglas County District Court No. 08CV1192 Honorable Richard B. Caschette, Judge Jacqueline Shea Puhl and Michael Puhl, Plaintiffs-Appellants Medved Chevrolet South, Inc., a Colorado corporation, Defendant-Appellee. Division VI Opinion by JUDGE BOORAS Carparelli and Nieto*, JJ., concur

13 -13- Court of Appeals No. 12CA0817 Mesa County District Court No. 07DR832 Honorable Brian J. Flynn, Judge In re the Marriage of Jerrod E. Gavito, Appellee and Cross-Appellant, and Rebekah Schiffman, f/k/a/ Rebekah Gavito, Appellant and Cross-Appellee, and Concerning Susan E. Eggert, Attorney-Cross-Appellee. ORDER AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE BOORAS Carparelli and J. Jones, JJ., concur

14 -14- Court of Appeals No. 12CA0867 Weld County District Court No. 11DR627 Honorable Rebecca Koppes Conway, Magistrate In re the Marriage of Juanell Renee Kosacz, Appellee, and Wayne Francis Kosacz, Appellant. ORDERS AFFIRMED Division I Opinion by JUDGE ROY* Taubman and Graham, JJ., concur Court of Appeals No. 12CA0900 Arapahoe County District Court No. 00CR14 Honorable Elizabeth A. Weishaupl, Judge Richard Leon Sides, ORDER AFFIRMED Division VI Opinion by JUDGE CARPARELLI Furman and Gabriel, JJ., concur

15 -15- Court of Appeals No. 12CA0983 Weld County District Court No. 12CR279 Honorable Julie C. Hoskins, Judge Isaac Galindo, Defendant-Appellant ORDER AFFIRMED Division VI Opinion by JUDGE BOORAS Carparelli and J. Jones, JJ., concur Court of Appeals No. 12CA1064 Jefferson County District Court No. 09DR1594 Honorable Jack W. Berryhill, Judge In re the Parental Responsibilities of A.B., a Child, and Concerning Nacoma RedCloud Petitt, Appellee, and Lindsay Belfor, Appellant. ORDER AFFIRMED Division IV Opinion by JUDGE LOEB Plank* and Vogt*, JJ., concur

16 -16- Court of Appeals No. 12CA1183 Larimer County District Court No. 07CV831 Honorable Gregory M. Lammons, Judge Steward Software Company, LLC, a Colorado limited liability company, Richard Kopcho, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE GABRIEL Carparelli and Furman, JJ., concur Court of Appeals No. 12CA1222 Fremont County District Court No. 05CR192 Honorable David M. Thorson, Judge Manuel Ramon Mendoza, ORDER AFFIRMED Division VII Opinion by JUDGE BOORAS Hawthorne and Fox, JJ., concur

17 -17- Court of Appeals No. 12CA1356 Jefferson County District Court No. 02CR56 Honorable Dennis J. Hall, Judge Jackie Lee Flowers, ORDER AFFIRMED Division VII Opinion by JUDGE HAWTHORNE Booras and Fox, JJ., concur Court of Appeals No. 12CA1667 City and County of Denver District Court No. 11CV2022 Honorable J. Eric Elliff, Judge Wells Fargo Bank, N.A., James P. Tatten, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FURMAN Carparelli and Gabriel, JJ., concur

18 -18- Court of Appeals No. 12CA1794 City and County of Denver District Court No. 99CR4486 Honorable Morris B. Hoffman, Judge Anthony E. McAfee, ORDER AFFIRMED Division I Opinion by JUDGE MILLER Taubman and Lichtenstein, JJ., concur Court of Appeals No. 12CA1844 City and County of Denver District Court No. 10CV7471 Honorable Herbert L. Stern, III, Judge Marco A. Hernandez, Plaintiff-Appellant, HSBC Card Services, Inc.; HSBC Bank Nevada, N.A.; and Direct Merchants Bank, Defendants-Appellees. Division VII Opinion by JUDGE FOX Hawthorne and Booras, JJ., concur

19 -19- Court of Appeals No. 12CA1919 Mesa County District Court No. 09JD193 Honorable Thomas M. Deister, Judge In the Interest of C.E., Juvenile-Appellant. Division II Opinion by JUDGE TERRY Casebolt and Vogt, JJ., concur Court of Appeals No. 12CA2014 Pueblo County District Court No. 06CV866 Honorable Larry C. Schwartz, Judge Pueblo Imaging Center, LLC, a Colorado limited liability company, Plaintiff-Appellant, Parkview Medical Center, Inc., a Colorado nonprofit corporation, Defendant-Appellee. Division VII Opinion by JUDGE HAWTHORNE Booras and Fox, JJ., concur

20 -20- Court of Appeals No. 12CA2080 City and County of Denver District Court No. 11CV6092 Honorable J. Eric Elliff, Judge Xerox Corporation, a foreign corporation, Plaintiff-Appellant, City of Westminster, a home rule city; Tammy A. Hitchens, in her capacity as the City of Westminster Finance Director; City of Arvada; City and County of Broomfield; and City and County of Denver, home rule municipalities, Defendants-Appellees. ORDERS AFFIRMED Division II Opinion by JUDGE VOGT* Casebolt and Terry, JJ., concur Court of Appeals No. 12CA2119 City and County of Denver Juvenile Court No. 12JD441 Honorable Kenneth Plotz, Judge In the Interest of C.M., Juvenile-Appellant. Division VI Opinion by JUDGE GABRIEL Carparelli and Furman, JJ., concur

21 -21- Court of Appeals No. 12CA2227 Jefferson County District Court No. 02JV894 Honorable Ann G. Meinster, Judge People of the State of Colorado, Petitioner-Appellee, In the Interest of LRHT, a Child, and Concerning DHT, Respondent-Appellant. ORDER AFFIRMED Division VI Opinion by JUDGE CARPARELLI Furman and Gabriel, JJ., concur Court of Appeals No. 13CA0579 Adams County District Court No. 12JV1 Honorable F. Michael Goodbee, Judge Petitioner-Appellee, In the Interest of K.R. and J.R., Children, and Concerning J.R. and D.R., Respondents-Appellants. Division V Opinion by JUDGE RICHMAN Graham and Navarro, JJ., concur

22 -22- Court of Appeals No. 13CA0770 Industrial Claim Appeals Office of the State of Colorado DD No Tarza O. Ibrahim, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Division of Unemployment Insurance Benefit Payment Control, Respondents. ORDER AFFIRMED Division III Opinion by JUDGE DAILEY Román and J. Jones, JJ., concur Court of Appeals No. 13CA0816 Mesa County District Court No. 12JV431 Honorable Thomas M. Deister, Judge Petitioner-Appellee, In the Interest of A.K., a Child, and Concerning S.K., Respondent-Appellant. ORDERS AFFIRMED Division IV Opinion by JUDGE PLANK* Loeb and Vogt*, JJ., concur

23 -23- Court of Appeals No. 13CA0855 El Paso County District Court No. 12JV1296 Honorable Thomas L. Kennedy, Judge Petitioner-Appellee, In the Interest of M.C.-D.G., a Child, and Concerning F.W., Respondent-Appellant. Division IV Opinion by JUDGE VOGT* Loeb and Plank*, JJ., concur Court of Appeals No. 13CA0998 Industrial Claim Appeals Office of the State of Colorado DD No Amale M. Terazi, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Division of Unemployment Insurance Benefit Payment Control, Respondents. ORDER AFFIRMED Division III Opinion by JUDGE ROMÁN Dailey and J. Jones, JJ., concur

24 -24- Court of Appeals No. 12CA1570 In re the Marriage of Steven Lee Jakobs, Appellant, and P E T I T I O N S F O R R E H E A R I N G Donnell Gwen Jakobs, n/k/a Donnell Gwen Miller, Appellee. Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 12CA1787 Crossroads Condominium Owners Association, Inc., a Colorado nonprofit corporation, Plaintiff-Appellant, Countrywide Home Loans, Inc., d/b/a America s Wholesale Lender, Inc., Defendant-Appellee. Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S