-1- ANNOUNCEMENTS Colorado Court of Appeals December 7, 2017

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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. 14CA0474 Teller County District Court No. 12CR64 Honorable Linda M. Billings Vela, Judge Kevin Blair Roderick, JUDGMENT AFFIRMED Division II Opinion by JUDGE HAWTHORNE Dailey and Welling, JJ., concur

2 -2- Court of Appeals No. 14CA2270 El Paso County District Court No. 13CR4952 Honorable Robin L. Chittum, Judge Travis Lamaris Haynes, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM Booras, J., concurs Dunn, J., concurs in part and dissents in part Court of Appeals No. 15CA0098 El Paso County District Court No. 12CR4234 Honorable Thomas K. Kane, Judge Laron Antonio Donald, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE BOORAS Graham and Dunn, JJ., concur

3 -3- Court of Appeals No. 15CA1360 Arapahoe County District Court No. 07CR3365 Honorable Frederick T. Martinez, Judge Craig L. Poindexter, Division V Opinion by JUDGE ROMÁN Navarro and Ashby, JJ., concur Court of Appeals No. 15CA1500 Adams County District Court No. 08CR1382 Honorable Thomas R. Ensor, Judge Ryan Darnell Cunningham, Division I Opinion by JUDGE FURMAN Taubman and Richman, JJ., concur

4 -4- Court of Appeals No. 15CA1792 Adams County District Court No. 14CR37 Honorable Robert W. Kiesnowski, Jr., Judge Jared James Delles, JUDGMENT AFFIRMED Division III Opinion by JUDGE BERGER Webb and Vogt*, JJ., concur Court of Appeals No. 15CA1917 Pitkin County District Court No. 14CV30137 Honorable Gail H. Nichols, Judge Discovery, LLC, a Colorado limited liability company, Heather Rydell, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE HARRIS Berger, J., concurs Furman, J., dissents

5 -5- Court of Appeals No. 16CA0911 Douglas County District Court No. 11CR0035 Honorable Richard B. Caschette, Judge Ronald Joseph Aguilar, Division V Opinion by JUDGE ROMÁN Navarro and Ashby, JJ., concur Court of Appeals No. 16CA1224 Douglas County District Court No. 16JV26 Honorable Dinsmore Tuttle, Judge Petitioner-Appellee, In the Interest of An.S., Ai.S. and I.S., Children, and Concerning S.S., Respondent-Appellant. Division VI Opinion by JUDGE FURMAN Harris, J., concurs Carparelli*, J., dissents

6 -6- Court of Appeals No. 16CA1565 Arapahoe County District Court No. 09DR1698 Honorable Elizabeth Beebe Volz, Judge In re the Marriage of John E. Davis, Appellant, and Valerie A. Davis, Appellee. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE J. JONES Fox and Freyre, JJ., concur

7 -7- Court of Appeals No. 16CA1601 Arapahoe County District Court Nos. 09DR1698, 15CV508, 15CV509, 15CV510 & 15CV511 Honorable Elizabeth Beebe Volz, Judge Honorable Frank Moschetti, Magistrate In re the Marriage of John E. Davis, Appellant, and Valerie A. Davis, Appellee. Division VII Opinion by JUDGE FOX J. Jones and Freyre, JJ., concur Court of Appeals No. 16CA1899 City and County of Denver District Court No. 13CV30128 Honorable Michael J. Vallejos, Judge MidCap Credit LLC, a Texas limited liability company, d/b/a Brookridge Funding, Linda Bradford, as Personal Representative of the Estate of George R. Gaubatz, Division VII Opinion by JUDGE FOX J. Jones and Freyre, JJ., concur

8 -8- Court of Appeals No. 16CA2015 Eagle County District Court No. 12CV1012 Honorable Frederick W. Gannett, Judge Carolyn Nerheim, Town of Vail, Division VII Opinion by JUDGE J. JONES Fox and Freyre, JJ., concur Court of Appeals No. 16CA2046 Arapahoe County District Court No. 14DR1820 Honorable Ben L. Leutwyler, Judge In re the Marriage of Carl Fleming, Appellee, and Stacey E. Simpson, Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE GRAHAM Booras and Dunn, JJ., concur

9 -9- Court of Appeals No. 17CA0214 San Miguel County District Court No. 14CV30037 Honorable Keri A. Yoder, Judge Angela Monferrato, Plaintiff-Appellant, and Charlene H. Sinclair, Attorney-Appellant, Jack D Angelo, Defendant-Appellee. ORDERS AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE J. JONES Fox and Freyre, JJ., concur

10 -10- Court of Appeals No. 17CA0401 Crowley County District Court No. 16CV43 Honorable Mark A. MacDonnell, Judge Chaddrick L. Thomas, Sr., Plaintiff-Appellant, Executive Director, Colorado Department of Corrections; and Warden, Crowley County Correctional Facility, Defendants-Appellees. JUDGMENT AFFIRMED Division V Opinion by JUDGE ASHBY Navarro and Carparelli*, JJ., concur Court of Appeals No. 17CA1537 Industrial Claim Appeals Office of the State of Colorado DD No Renee J. Ruiz, Petitioner, Industrial Claim Appeals Office of the State of Colorado and National Vision, Inc., Respondents. Division IV Opinion by JUDGE DUNN Graham and Booras, JJ., concur

11 -11- Court of Appeals No. 17CA1540 Pueblo County District Court No. 17MH129 Honorable Jill S. Mattoon, Judge Petitioner-Appellee, In the Interest of Anthony Dennis Grayson, Respondent-Appellant. Division VII Opinion by JUDGE J. JONES Fox and Freyre, JJ., concur

12 -12- P E T I T I O N S F O R R E H E A R I N G Court of Appeals No. 16CA1694 El Paso County District Court No. 15DR30838 Honorable Deborah J. Grohs, Judge In re the Marriage of Carlie Pond, n/k/a Carlie Bond, Appellant, and Lauren Lester Pond, Appellee. Petition for Rehearing DENIED Court of Appeals No. 16CA1795 In re the Marriage of Shirley Jean Miles, Appellee, and Robert Joseph Miles, Appellant. Petition for Rehearing DENIED

13 -13- Court of Appeals No. 16CA2205 James Medina, Plaintiff-Appellant, City and County of Denver, a Colorado municipal corporation, Defendant-Appellee. Opinion Modified and Petition for Rehearing DENIED

14 -14- M O D I F I E D O P I N I O N S Court of Appeals No. 14CA0386 Eagle County District Court No. 12CR291 Honorable Robert T. Moorhead, Judge Honorable Paul R. Dunkelman, Judge Eric Paul Moser, JUDGMENT AFFIRMED IN PART, VACATED IN PART, ORDER VACATED, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE RICHMAN Terry and Vogt*, JJ., concur Opinion Modified On the Court s Own Motion *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S