Full question:
I have filed and won a lawsuit against a company in Colorado. The company is filing an appeal and I have asked my lawyer to file a cross appeal to add in cost of attorneys fees. I am told this can not be done because it was not stipulated in the contract the company violated or is against Colorado law. Any advice?
- Category: Judgments
- Date:
- State: Colorado
Answer:
The ability to file for attorney fees on appeal depends on several factors. If you did not request attorney fees in your original complaint, or if a default judgment was not entered, the court may have discretion regarding damages. It's essential to consult your attorney about the specific contract terms or relevant laws that apply to your case.
According to Colorado court rule RULE 39.5, if attorney fees are recoverable for the appeal, you must specifically request them in your principal brief and state the legal basis. Any opposition to this request should be included in the answer or reply brief. The appellate court will then determine your entitlement to and the amount of attorney fees for the appeal, and may remand the case to the trial court for further determination if necessary.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.